I. Overview

Child support is a legal obligation, not a favor. In the Philippines, the primary formal avenue for enforcing this obligation is through the family courts. However, in practice, many parents first approach the Department of Social Welfare and Development (DSWD) or the local social welfare office to negotiate and formalize child support agreements outside of court.

These DSWD-facilitated agreements are often called “Child Support Agreements,” “Family Agreements,” or “Support Undertakings.” They are not court judgments, but they are written, binding commitments that can be used as evidence and as a basis for later court action if necessary.

This article explains the legal basis, process, contents, effect, and enforcement of child support agreements executed through DSWD in the Philippine setting.

II. Legal Framework on Child Support

1. Source of the obligation

Under the Family Code of the Philippines, support is a legal duty arising from family relations. In general:

Parents are obliged to support:
- Their legitimate children
- Their illegitimate children
- Their adopted children
Children may later be obliged to support parents, but here we focus on parents’ obligation to minor children.

2. What “support” includes

The Family Code defines support broadly. It usually covers, in proportion to the means of the giver and the needs of the recipient:

Food
Clothing
Shelter
Medical and health expenses (including medicines, check-ups, emergencies)
Education (including tuition, school supplies, transportation, sometimes gadgets needed for school)
In some cases, transportation and other necessary personal expenses

Support is flexible – it must adjust to:

The child’s growing needs
The paying parent’s financial capacity

3. Characteristics of the obligation

Key principles under the Family Code:

Support is demandable from the time it is needed, but only payable from the time it is formally demanded (by negotiation, written demand, or court action).
It is not fixed forever; it can be increased, reduced, or even suspended in case of changes in:
- The child’s needs (e.g., entering college)
- The parent’s capacity (e.g., job loss, serious illness, promotion)
The duty is personal and continuous – it does not end simply because the parents separate or the relationship ends.

III. Role and Mandate of DSWD in Child Support

1. DSWD as the primary social welfare agency

DSWD is the national government agency mandated to:

Promote child welfare and protection
Provide social services to children and families
Prevent abuse, neglect, and exploitation

It operates through:

Central Office programs
Field Offices (regional)
Local Government Units (LGUs) via Municipal/City Social Welfare and Development Offices (MSWDO/CSWDO), which are usually the first point of contact for ordinary citizens.

2. DSWD’s role in child support cases

While courts decide and enforce legal rights, DSWD’s role is primarily social and facilitative. In child support matters, DSWD commonly:

Provides intake and assessment for custodial parents or caregivers needing support.
Conducts mediation or family conferences between parents.
Helps negotiate the amount and mode of support.
Drafts and witnesses Child Support Agreements or Family Agreements.
Prepares case study reports that can later be submitted to courts.
Coordinates with Barangay Councils for the Protection of Children (BCPC) and law enforcement, if needed.
Refers parties to Public Attorney’s Office (PAO) or private counsel for court action if mediation fails.

DSWD does not act as a court and cannot issue judgments. It acts as a neutral social welfare facilitator focused on the best interest of the child.

IV. Why Use DSWD to Execute a Child Support Agreement?

Many parents start with DSWD instead of going directly to court because:

It is free or low-cost. Services of DSWD and LGU social welfare offices typically do not require filing fees.
Less adversarial. The process is framed as mediation or casework, not litigation, which can reduce conflict.
Accessible. LGU social welfare offices are present in most cities and municipalities.
Child-focused. Social workers are trained to prioritize the best interest of the child, not just “win” a case.
Useful documentation. The resulting written agreement and case study are valuable if a future court case becomes necessary.

V. Who May Request DSWD Assistance?

Typically, the following may approach DSWD or the local social welfare office:

The custodial parent (usually the mother, but not always).
The non-custodial parent, if they want to formalize voluntary support.
A legal guardian, grandparent, or relative who has actual care and custody of the child.
In some cases, an older minor (e.g., 15–17) may be entertained, but usually with a guardian or parent.
For children in institutions (e.g., shelters), the DSWD social worker may initiate casework involving the parents.

VI. Typical Process of Executing a Child Support Agreement Through DSWD

Procedures can vary slightly by city or municipality, but the general flow is similar:

1. Intake and initial interview

The requesting party (often the custodial parent) goes to:

The City/Municipal Social Welfare and Development Office (CSWDO/MSWDO), or
A DSWD Field Office.

They will usually be:

Asked to narrate the situation: relationship with the other parent, number of children, current support (if any), issues.
Requested to bring documents like:
- Child’s birth certificate (showing filiation).
- Any proof of acknowledgment (e.g., father listed on birth certificate, acknowledgment in the back of the birth certificate, prior notarized acknowledgment).
- IDs of both parents, if available.
- Proof of income of the other parent (if accessible) or at least details of their work.

A case folder will be opened and a social case study may be initiated.

2. Invitation to the other parent

The social worker typically sends an invitation (sometimes called a “letter of invitation” or “notice for conference”) to the non-custodial parent to:

Appear at a specified date and time.
Participate in a family conference or mediation session.

This may be delivered personally, by barangay officials, or via registered mail, depending on resources and local practice.

3. Family conference / mediation

At the scheduled meeting:

The social worker explains the purpose: to ensure adequate support for the child.
Each party shares their side:
- The custodial parent presents the child’s needs.
- The non-custodial parent explains financial capacity and concerns.

The social worker then helps the parties negotiate:

Amount of monthly support.
Mode and schedule of payment.
Additional obligations (school, medical, etc.).
Arrangements for visitation or contact, if appropriate.

If parties reach a mutual agreement, the terms are reduced into writing.

4. Drafting the Child Support Agreement

The social worker (or designated staff) prepares a written agreement, which usually includes:

Full names, ages, civil status, addresses of both parents.
Names, birthdates, and details of the child/children.
Form and amount of support.
Payment schedule and mode (e.g., bank deposit, cash, remittance).
Other specific obligations (school fees, uniforms, check-ups).
Clauses on adjustment, review, and consequences of non-compliance.
A statement that the agreement is entered into voluntarily, with full understanding.

The social worker will usually explain the contents before signing.

5. Signing, witnesses, and notarization (if applicable)

Common practice:

Both parents sign the agreement.
The social worker signs as witness and/or facilitator.
Sometimes another witness, such as a barangay official, signs.

Some LGUs or DSWD offices may recommend or facilitate notarization to:

Convert the document into a public instrument.
Strengthen its evidentiary value in court.

Even if not notarized, a duly signed and witnessed agreement is still valid as a private contract.

6. Filing, monitoring, and follow-up

The signed agreement is:

Placed in the case folder and recorded in DSWD/LGU records.
A copy is usually given to each party.

The social worker may:

Monitor compliance, especially where there are prior incidents of neglect or violence.
Conduct follow-up visits or calls.
Assist the custodial parent if non-compliance arises, including:
- Further mediation.
- Referral to barangay.
- Referral to PAO or court processes.

VII. Legal Nature and Effect of a DSWD Child Support Agreement

1. Contractual obligation

A DSWD-facilitated child support agreement is primarily:

A contract between the parents.
Governed by:
- The Family Code (for the substantive obligation of support).
- The Civil Code (for general rules on contracts and obligations).

For validity, it must have:

Consent of the parties.
Definite object (support for specific child/children).
Cause (fulfillment of parental obligation).

2. Not a court judgment

Important limitations:

It is not a court order and cannot be enforced through execution (e.g., garnishment) like a final judgment.
DSWD cannot issue writs, hold someone in contempt, or garnish wages.

However, the agreement can be used to:

Prove that the parent voluntarily acknowledged the obligation.
Show the agreed amount and terms.
Demonstrate non-compliance in later court or administrative proceedings.

3. Evidence in future cases

The agreement and accompanying case study can serve as:

Evidence in a petition for support before the family court.
Part of the factual basis in a violence against women and their children (VAWC) case when the refusal to support qualifies as economic abuse.
Evidence to support temporary or permanent protection orders, which may include support provisions.

VIII. Typical Contents of a DSWD Child Support Agreement

While formats differ, a comprehensive agreement often includes:

Title e.g., “Child Support Agreement” or “Family Agreement on Support”
Parties
- Full legal names, ages, civil status, addresses, and IDs of:
  - Custodial Parent
  - Non-Custodial Parent
Child/Children Covered
- Names, dates of birth, place of birth.
- Identification of relationship (legitimate, illegitimate, adopted).
Acknowledgment of Paternity/Maternity (if needed)
- Admission that the child is the son/daughter of the parties.
Custody Arrangement (if not already decided by a court)
- Who has actual custody.
- Arrangements for visitation or communication, if appropriate and safe.
Scope and Amount of Support
- Fixed monthly amount (e.g., “₱____ per month per child” or “₱____ for all children”).
- Breakdown of what this is intended to cover (school, food, etc.), if desired.
- Specific commitments (e.g., “Father shall pay 100% of tuition and exam fees”).
Mode and Schedule of Payment
- Payment date (e.g., every 15th of the month).
- Mode (cash, bank transfer, remittance, GCash, etc.).
- Account or remittance details.
- Requirement to provide proof of payment (deposit slips, screenshots).
Adjustments and Review
- Provision for revisiting the amount (e.g., annually, or when the child enters a higher educational level).
- Clause that the parties may return to DSWD for renegotiation.
Consequences of Non-Compliance
- Statement that the custodial parent may:
  - Report back to DSWD.
  - File a case with the barangay.
  - Initiate a petition for support or other court actions.
- Explicit statement that this does not waive the right to pursue legal remedies.
Other Provisions
- Handling of emergencies (hospitalization).
- Contact and communication protocols where safe.
- Non-interference clause (e.g., not using support to control or harass).
Signatures and Acknowledgments
- Signatures of both parents.
- Signature and designation of social worker.
- Signatures of witnesses.
- Notarial acknowledgment, if applicable.

IX. Determining the Amount of Support

The law gives no fixed percentage (e.g., no “always 20% of salary” rule). Instead, it uses a flexible standard:

Support must be “in proportion to the resources or means of the giver and the necessities of the recipient.”

In practice, social workers and parties consider:

Income and assets of the paying parent:
- Salary, business income, remittances, allowances.
Regular expenses of the child:
- Tuition and school fees.
- Daily food and transportation.
- Rent or share in household expenses.
- Medical needs.
Number of other dependents of the paying parent.

It is often strategic to:

Start with a realistic, enforceable amount rather than an ideal but impossible one.
Include a clause allowing for future adjustments.

X. What Happens If the Agreement Is Not Followed?

1. Return to DSWD for follow-up

First step usually:

The custodial parent returns to the social worker to report partial or complete non-compliance.
The social worker may:
- Request proof (screenshots, receipts).
- Call for another conference.
- Attempt renegotiation, especially if the non-paying parent has legitimate financial issues.

2. Barangay mechanisms

The matter may be brought to the Barangay, especially if:

Both parents are residents of the same barangay (or the same city/municipality, subject to the rules of the Katarungang Pambarangay Law).
The issue is non-compliance or “neglect.”

The barangay can:

Conduct mediation/conciliation.
Issue a Certification to File Action if settlement fails, which is useful for court filing (in cases where barangay conciliation is required).

Note: Certain family disputes and cases covered by special laws may be exempt from barangay conciliation, depending on the exact circumstances.

3. Petition for support in the family court

If amicable remedies fail, the custodial parent may file a petition for support in the proper family court. This is where:

The court can fix the amount of support after hearing both sides.
The court may issue interim orders for provisional support while the case is pending.
The DSWD agreement and case study can be presented as evidence.

Once there is a court order:

Support becomes judicially demandable.
Non-compliance can lead to:
- Execution of judgment (e.g., garnishment).
- Possible contempt of court proceedings.

4. VAWC (Violence Against Women and Their Children) cases

Under the law on Violence Against Women and Their Children (VAWC), economic abuse includes denial of financial support to a woman or her child, especially if it is legally due.

In certain situations:

Persistent refusal or failure to comply with a DSWD-facilitated agreement, especially if used as a means of control or punishment, may be part of economic abuse.
A victim may apply for a protection order, which can include:
- Orders for support.
- Other protective measures.

The DSWD agreement can show that:

The parent knew of the obligation.
Made commitments and then violated them.

5. Criminal non-support

The Revised Penal Code has provisions on non-support, which may apply in serious cases of unjustified refusal to support an underage child, especially when the parent has the means.

However:

Criminal action for non-support is usually a last resort.
Prosecutors will look for proof that:
- There is a legal duty to support.
- The child is in need.
- The parent has or had the capacity to give support.
- The refusal is unjustified.

Again, the DSWD child support agreement can be useful evidence.

XI. Interaction with Court Orders and Other Instruments

1. If there is already a court order

If a court has already fixed support (e.g., in a petition for support, annulment, legal separation, custody case):

A DSWD agreement cannot override the court order.
At most, the DSWD agreement:
- Can clarify implementation details.
- May be used to agree on more favorable or higher support (but a parent cannot, by contract, escape a valid court order).

In case of conflict:

Court order prevails.

2. Incorporation in court-approved compromise

Parties may:

Use the DSWD agreement as a basis for a judicial compromise.
Ask the court to approve and incorporate the agreement into a judgment.

Once approved:

The terms obtain the force of a final judgment, making them enforceable by execution.

XII. Role of LGU Social Welfare Offices and Barangay Councils

1. LGU Social Welfare Offices

While DSWD is the national agency, LGUs are frontline service providers through:

CSWDO/MSWDO
Social Welfare Aides

They assist with:

Case intake
Mediation
Drafting agreements
Referrals (PAO, barangay, courts)

2. Barangay Council for the Protection of Children (BCPC)

The BCPC:

Receives complaints related to child neglect, abuse, and exploitation.
Works with the social welfare office and other agencies to:
- Protect the child.
- Encourage compliance with support obligations.
- Initiate referrals to DSWD, PAO, or courts where needed.

XIII. Practical Tips for Parents Using DSWD for Child Support Agreements

Prepare documents. Bring:
- Birth certificates of children.
- Any acknowledgment documents.
- Proof of income (if you are the paying parent).
- Proof of expenses (if you are the custodial parent).
List actual needs. Make a realistic breakdown of:
- Monthly food costs.
- School fees and related expenses.
- Transportation and health needs.
Be realistic but firm. Ask for an amount that:
- Genuinely covers the child’s needs.
- Reflects the other parent’s real earning capacity.
Insist on clear terms. The agreement should clearly state:
- Amount.
- Due dates.
- Mode of payment.
- Where and how to send proof of payment.
Keep records. Save:
- Copies of the agreement.
- Receipts and proofs of support.
- Any communications about support.
Use the agreement wisely. If the other parent later stops paying:
- Report to DSWD / social welfare office.
- Consider barangay action where applicable.
- Consult PAO or a lawyer about filing in court.

XIV. Common Misconceptions

“If it’s just signed at DSWD, it doesn’t count.” False. A DSWD-facilitated agreement is a valid contract and important evidence, even without a court order.
“Child support only applies to married parents.” False. Both legitimate and illegitimate children have a right to support from their parents.
“Once I sign, I can never ask for more support.” False. Support may be increased if the child’s needs grow or the parent’s income improves.
“If the other parent refuses to sign, nothing can be done.” False. You can still file a petition for support in court even without an agreement.
“Support can be withheld if I don’t see the child.” Generally false. The obligation to support the child is independent of visitation disputes—though, in practice, these issues often get entangled.

XV. Conclusion

Executing a Child Support Agreement through DSWD is a practical, accessible, and child-focused way to:

Formalize a parent’s obligation to support their child.
Avoid or minimize immediate resort to court.
Create an important documentary trail that can later support legal action if necessary.

However, it is vital to remember:

DSWD does not replace the courts.
The agreement is a contract, not an automatically enforceable judgment.
For persistent non-compliance or complex disputes, family courts and, in some cases, VAWC remedies and criminal actions may still be necessary.

For specific situations, it is prudent to consult a lawyer or Public Attorney’s Office to understand the best combination of DSWD assistance, barangay mechanisms, and court remedies tailored to the child’s needs and the family’s circumstances.