Filing a Child Support Case Against a Seaman in the Philippines: Legal Options

This article explains how to demand and enforce child support from a Filipino seafarer (often called “seaman”) under Philippine law—from proving filiation, choosing the right forum, and securing interim support, to enforcing the order through wage garnishment against a manning agency.

1) The Legal Duty to Support

Who is obliged. Parents owe support to their children—whether legitimate or illegitimate. This obligation flows from the Civil Code/Family Code and is not dependent on marriage.

What “support” includes. Support covers everything indispensable for subsistence, dwelling, clothing, medical needs, education and transportation—education includes enrolment fees, books/supplies, reasonable allowances, and training consistent with the child’s station and the parent’s means.

How much. The amount depends on (a) the child’s needs and (b) the parent’s resources, and may be increased or reduced as circumstances change. Unpaid support before a formal demand (judicial or valid written extrajudicial demand) generally cannot be collected as “arrears”; it becomes due from demand onward.

2) Proving the Child’s Right to Support

You must establish filiation (parent–child relationship). Common proofs:

Birth certificate naming the father (especially when acknowledged).
Voluntary acknowledgment: notarized admission, Affidavit of Acknowledgment/Admission of Paternity, use of the father’s surname (for illegitimate children: compliance with recognition rules).
Open and continuous possession of status as a child (e.g., the father consistently presented the child as his own).
DNA (typically court-ordered if contested).
Other admissions: texts, emails, remittance slips, social media posts, sworn statements, photos, school/medical records listing the father as parent.

Tip: Gather receipts and budgets showing monthly needs (tuition, rent share, food, transport, internet, medical care) and proof of the seafarer’s income (employment contract, payslips, CBA extracts, remittance slips, POEA/DMW Standard Employment Contract terms).

3) Where and How to File

A. Choice of forum

Family Court (Regional Trial Court designated as Family Court) has exclusive original jurisdiction over petitions for support and related reliefs.
Venue: where the child (or custodial parent) resides or where the defendant resides.

Barangay conciliation? Not required when parties reside in different cities/municipalities or the respondent is working abroad. If both live in the same barangay/city, conciliation may apply unless an exception fits (e.g., urgent relief).

B. What to file

Petition/Complaint for Support (civil action). Include:
- Parties and filiation facts.
- Detailed monthly needs of the child with receipts.
- Information on the father’s employment and income as a seafarer (manning agency, vessel, rank, contract rate, CBA if any).
- Prayer for support pendente lite (interim support), attorney’s fees, and costs.
Application for Support Pendente Lite (provisional remedy) with sworn budget and proofs. Courts may grant temporary support even at an early stage.
Alternative/parallel remedy (when applicable): a petition/application under the Anti-VAWC law (if the mother is a victim of economic abuse from a spouse/partner). Courts can issue protection orders that include support and other monetary reliefs. This can run alongside or instead of a civil action, depending on facts.

C. Service of summons when the seafarer is abroad

Try personal service at his last Philippine residence or substituted service on a suitable person there.
If justified, ask the court for leave to serve outside the Philippines or serve a resident agent/manning agency if legally permitted (see enforcement section). Always detail efforts to locate and serve.

4) Calculating and Arguing the Amount

Courts look at:

Child’s reasonable needs (itemized).
Seafarer’s means: base wage, fixed overtime, leave pay, leave benefits, seniority/rank allowances, and typical monthly allotment practices under seafarer contracts.
Parity and fairness: Support is not a fixed percentage by law, but practitioners often show a needs-based budget and highlight that a seafarer’s pay is denominated in USD and generally above local wages.

Good practice:

Present a table of needs (monthly) with receipts.
Attach the Standard Employment Contract and/or CBA page showing wage components for the specific rank.
Propose a clear monthly figure plus school and medical costs as they fall due.

5) Interim Relief: Support Pendente Lite

Courts may award temporary support early in the case based on affidavits and receipts. This prevents hardship while litigation proceeds. The order can be revised after trial on fuller evidence. Non-compliance can be punished as contempt and enforced by garnishment (see below).

6) Enforcing Support Against a Seafarer

A. Wage garnishment via manning agency (as garnishee)

After a support order (or writ for pendente lite), you may seek a writ of execution and garnishment of wages/remittances in the hands of the Philippine manning agency (as agent of the foreign principal).
Philippine law shields wages from execution except for debts related to basic needs; support falls within the recognized exceptions. Thus, courts regularly allow garnishment for child support.
Identify the agency (name, address), attach the order/writ, and request the sheriff to serve a notice of garnishment. Ask for periodic remittance to you/child’s account through the court.

B. Leveraging seafarer allotments

Seafarer contracts customarily require designating an allottee for monthly remittances while on board. If the child/mother is the allottee, ensure the allotment is aligned with the court-ordered support.
If not the allottee, use the garnishment order to intercept/redirect part of the allotment/remittances at the agency level.

C. Other assets and remedies

Bank accounts, vehicles, real property in the Philippines can be levied after writ issuance.
Contempt for defiance of support orders.
Travel-related restraints are typically tied to criminal cases; support is civil. Focus on financial enforcement rather than hold-departure relief.

7) Special Path via Anti-VAWC (Economic Abuse)

If the respondent is (or was) the child’s mother’s spouse, former spouse, cohabiting partner, or person with whom she has/had a dating or sexual relationship, failures or refusal to provide support may constitute economic abuse. You may:

File a criminal complaint with the prosecutor.
Seek Temporary/Protection Orders from the court that can direct immediate support, exclusive custody to the mother (as warranted), and other monetary reliefs.
Violations of protection orders carry criminal penalties, which often prompts quicker compliance.

Note: Anti-VAWC protects women and their children; a stand-alone petition by or on behalf of the child can still proceed in Family Court even without an Anti-VAWC case.

8) Evidence Checklist

Child’s birth certificate (PSA).
Acknowledgment documents (if any).
School: assessment forms, tuition statements, official receipts, enrollment records.
Medical: prescriptions, HMO/insurance, receipts, special-needs documentation.
Living expenses: rent share, utilities, groceries, transport, internet, device amortization (if for school).
Father’s income: seafarer contract, payslips, remittance/allotment slips, CBA page, prior bank transfers.
Communications: admissions, chats, emails, social posts.
Proof of attempts to request support pre-suit (letters, demand emails, Viber messages) to mark the start date of support.

9) Typical Procedure & Timeline (High-Level)

Demand Letter (optional but recommended) with a specific monthly proposal, payable within 5–10 days.
File Petition in Family Court with an Application for Support Pendente Lite and Motion for Garnishment upon issuance.
Summons & Hearing: present filiation and needs. The court may issue interim support.
Compliance/Settlement or Trial on the merits (filiation, means, needs).
Decision + Writ of Execution; garnish wages/remittances with the manning agency and/or levy other assets.
Modification: Either party can seek increase/decrease upon change of needs or means.

10) Practical Tips for Seafarer Cases

Move early for garnishment directed at the manning agency, since the seafarer’s physical presence may be intermittent.
Ask the court to order remittance schedules aligned with the agency’s allotment cycle (often monthly).
If the child has special needs (therapy, assistive devices), document them meticulously; courts are receptive when properly evidenced.
For illegitimate children, ensure filiation is firmly established; if contested, be ready to ask for DNA testing.
Keep the support net of bank charges if remitted from abroad (brief the court why a slightly higher nominal figure is needed).

11) Do You Need a Lawyer?

While self-representation is legally possible, Family Court practice and enforcement against manning agencies are technical. If you cannot afford counsel, approach the Public Attorney’s Office (PAO); mothers and children in support cases often qualify. Court-annexed mediation may be ordered; settle if the amount is fair and enforceable (e.g., routed through the agency).

12) Frequently Asked Questions

Q: Can the court back-bill years of unpaid support? A: Support is generally due from demand (written demand or filing), not years before, unless there’s a valid agreement covering earlier periods.

Q: The father says “no salary while off-hire/on vacation.” Can he suspend payments? A: The duty to support is continuous. Amount may be adjusted to his means when off-hire, but he cannot unilaterally stop complying with a court order.

Q: Can we ask for support in US dollars? A: You may compute using USD proof of income, but the court will state the peso amount (with a fair exchange basis), or order a peso equivalent each month.

Q: What if he refuses DNA testing? A: Courts may draw adverse inferences from unjustified refusal and can rely on other evidence to establish filiation.

Q: Can we get support through a barangay protection order? A: Monetary reliefs (like support) are typically granted by courts. Barangay protection orders mainly address harassment/threats; file in court for support.

13) Sample Petition Outline (for your lawyer)

Parties & Jurisdiction (Family Court; venue; exemption from barangay conciliation if applicable)
Material Facts (relationship, filiation, child’s age)
Seafarer Employment (rank, contract rate, agency, CBA)
Child’s Needs (itemized budget with receipts)
Demand & Non-Compliance (attach demand letter)
Causes of Action (support; moral/exemplary damages if warranted)
Prayer
- Support pendente lite in ₱___ monthly
- Final support ₱___ monthly + special/variable expenses
- Garnishment of wages/remittances at [Agency Name]
- Attorney’s fees/costs
- Other just relief

14) Key Takeaways

File in Family Court where the child or respondent resides.
Seek support pendente lite immediately.
Enforce through garnishment at the manning agency; support is within wage-execution exceptions.
Keep proof of filiation, needs, and the seafarer’s income.
Consider Anti-VAWC protection orders when economic abuse applies.
Support can be modified as needs and means change.

Final Note

The strategy with seafarers is evidence + speed: establish filiation, quantify needs clearly, secure interim support, and route enforcement through the manning agency to match the maritime pay cycle.