First Steps to File a Child‑Support Case Against a Non‑Supporting Parent

(Philippine legal context, updated July 2025)

Quick glance:

Confirm the right to support.

Gather documents & proof.

Send a formal demand or try barangay conciliation.

File a “Petition for Support” in the proper Family Court.

Ask for provisional (temporary) support right away.

Attend mediation, pre‑trial, and hearings.

Enforce the order—salary garnishment, contempt, or criminal action—if payment still doesn’t come.

The walkthrough below explains every step in detail, including the legal bases, timelines, common evidentiary requirements, and practical tips for indigent or pro‑se parents.

1. Legal Foundations of Child Support in the Philippines

Key Provision	What it Says (Plain‑English)
Family Code arts. 195–201	Parents are solidarily obliged to support legitimate and illegitimate children. Support covers food, shelter, clothing, education, medical, and even transportation.
Art. 203 / 204	Courts may award provisional support as soon as a prima facie right is shown, even before final judgment.
RA 8369 (Family Courts Act)	Regional Trial Courts (RTCs) designated as Family Courts have exclusive original jurisdiction over petitions for support.
Katarungang Pambarangay Law (Punish‑Brgy. Ord.)	If both parties live in the same city/municipality and there is no violence, a barangay mediation is a prerequisite before filing in court.
Rule on Support (A.M. No. 02‑11‑12‑SC)	Simplifies pleadings, allows verified petitions and motions for temporary support, and mandates mediation.
Anti‑VAWC Act (RA 9262)	Economic abuse (withholding support) is a crime; victims can seek a Barangay or Court Protection Order and pursue criminal charges.
Revised Penal Code art. 275 (as amended)	“Failure to provide support” is criminal if abandonment is deliberate and child is below 18 or incapacitated.

2. Who May File, Where, and When

| Who can sue? | Child (through mother/guardian), mother, father with custody, DSWD, legal guardian, or PAO/IBP counsel on behalf of an indigent party. | | Venue | Option 1: Family Court where the child resides. Option 2: Family Court where the defendant (obligor parent) resides. | | Statute of limitation | None while the child is still entitled to support, but amounts may only be collected retroactively from the time judicial or extrajudicial demand was made. | | Age coverage | Until the child turns 18 or finishes tertiary/vocational schooling or becomes gainfully employed—whichever comes first. Children with permanent disability may be supported indefinitely. |

3. Preparing Your Case

Collect Civil Registry Documents
- PSA‑issued birth certificate of the child.
- PSA marriage certificate or CENOMAR (if unmarried).
- Affidavit of paternity/recognition, if illegitimate and father acknowledged elsewhere.
Compile Proof of Non‑Support and Needs
- Receipts for food, tuition, uniforms, rent, medicines.
- School assessments and doctor’s prescriptions.
- Sworn statements from teachers or social workers.
Secure Evidence of the Other Parent’s Capacity
- Pay slips, ITR, BIR 2316, employment contract, screenshots of business ads or lifestyle (e.g., social‑media flaunting).
- Land titles, vehicle OR/CR, DTI or SEC registrations.
Draft a Written Demand (Optional but Strategic)
- Date, state the legal duty under arts. 195–201, specify amount or kind of help sought.
- Send via registered mail or courier; keep the registry receipts.
- A written demand marks the start date for retroactive support if the parent later complies without a suit.

4. Barangay Conciliation (If Applicable)

| When required? | Yes if both parties live in the same city/municipality and there is no VAWC or child abuse allegation. | | Steps | 1) File a Complaint for Support with the Punong Barangay.
2) Mediation within 15 days.
3) If unresolved, a Certificate to File Action (CFA) is issued. | | Waivers | Violence, different LGUs, or the respondent is a government employee (Gov’t agency has separate grievance procedure). |

Tip: Keep copies of the barangay minutes and CFA; courts routinely ask for them.

5. Filing the Petition for Support in Court

5.1 Form & Content

Verified Petition under oath, stating:
1. Personal circumstances of parties.
2. Relationship establishing duty to support.
3. Facts showing refusal/neglect.
4. Child’s present monthly needs (attach computation).
5. Prayer for (a) provisional support, (b) regular support, (c) other equitable relief.
Certification Against Forum Shopping (signed and notarised).
Attachments: civil‑registry docs, barangay CFA, demand letter, receipts, proof of capacity, ID copies.

5.2 Filing Fees

Basis	Approx. cost (2025)
Docket	₱ 2,000 – 3,000 (varies by claim amount).
Mediation fee	₱ 500 (deferred until after raffling).
Sheriff’s travel	Deposit ₱ 1,000‑2,000.

Indigent exemption: If monthly gross income < double the minimum wage or you are PAO‑qualified, file a Motion to Litigate as Indigent with supporting affidavit, barangay certificate of indigency, and latest payslip/ITR.

6. Getting Provisional (Temporary) Support

Immediately file a Motion for Provisional Support under art. 203 + Rule on Support §5.
Court may grant ex parte upon prima facie showing (child’s birth cert + need + parent’s capacity).
Order is enforceable by writ of execution or income withholding even before final judgment.

7. Court Flow After Filing

Stage	What happens	Typical timeline*
Raffle & Summons	Case raffled to a Family Court; sheriff serves within 5 days.	1–3 weeks
Answer	Respondent has 15 days from service (30 days if served abroad).
Judicial Dispute Resolution (JDR)	Mandatory under A.M. 11‑1‑06‑SC; Judge‑mediator explores settlement.	+30 days
Pre‑Trial	Issues defined, evidence marked, parties ordered to submit Formal Offer.	+30 days
Trial/Reception of Evidence	Often affidavits in lieu of direct testimony; cross‑exam.	Varies (2–12 mos.)
Decision	Support is fixed; arrears computed from filing.	30 days from submission
Appeal	Aggrieved party may appeal to Court of Appeals within 15 days.

*Urban courts are congested; these are best‑case estimates.

8. Enforcement Tools

Remedy	Mechanism
Writ of Execution	Sheriff garnishes bank accounts, levies real/personal property.
Income Withholding Order	Employer ordered to deduct support from salary (Rule on Support §12).
Contempt of Court	Imprisonment or fine for willful refusal (Rule 71, Rules of Court).
Security/Bond	Court may require obligor to post a bond equal to 1‑year support.
Hold‑Departure Order	Prevents obligor from leaving PH without settling support.
Criminal Action – RA 9262	File with Provincial/City Prosecutor; penalty: prision correccional + fine ₱ 100k–300k; protection orders available within 24 hrs.
Criminal Action – RPC art. 275	Imprisonment 2 yrs‑1 day to 6 yrs if abandonment is deliberate.

Tip: Civil and criminal actions may proceed simultaneously; acquittal in VAWC does not bar civil support claims.

9. Determining the Amount of Support

Philippine law uses no fixed table; the standard is “in proportion to resources of the giver and the necessities of the recipient.” Courts typically look at:

Child’s itemized budget (receipts, school statements).
Payor’s gross and net income, assets, living expenses.
Number of dependents on each side.
Lifestyle evidence (cars, travel, social‑media).

Adjustments can be sought any time a material change occurs (job loss, medical emergency, tuition increase). File a Motion to Increase/Reduce Support with updated proofs.

10. Special Situations & Practical Tips

Scenario	What to do
Father denies paternity	Request DNA test (Sec. 4, Rule on Support); cost usually advanced by the party requesting but may be charged to losing party.
Obligor works overseas	Serve summons via DFA; garnish allotments; seek enforcement under International Recovery of Child Support (Hague 2007—PH is signatory since 2022).
Violence or harassment	Skip barangay; file for Protection Order & criminal complaint under RA 9262. PO may include immediate support.
Indigent solo parent	Approach Public Attorney’s Office, Integrated Bar of the Philippines legal‑aid, or DSWD.
Urgent medical need	File ex parte motion for pendente lite medical support; courts grant within days based on medical certificate.
Parent voluntarily pays after suit	You may move to dismiss without prejudice to reinstatement if support stops again.

11. Timeline Cheat‑Sheet

Day 0      Written demand sent (optional but recommended)
Day 1‑15   Barangay mediation (if required)
Day 16     CFA issued ➜ File Petition in Family Court
Day 30‑45  Summons served ➜ Respondent files Answer
Day 60     Motion for Provisional Support heard
Day 60‑90  JDR / Court‑annexed mediation
Month 4‑6  Pre‑trial, marking of exhibits
Month 6‑18 Trial proper (affidavits & cross)
Month 18‑20 Decision; writ of execution issues

(Expedite by seeking provisional support right after filing.)

12. Frequently Asked Questions

Q	A
Can support be claimed retroactively?	Yes, from date of judicial or written extrajudicial demand—not from child’s birth.
Is informal cash or “in‑kind” help counted?	Yes. Present receipts or sworn receipts; court deducts them from arrears.
Does remarriage affect the duty?	No. The duty to prior children is undiminished, but court may apportion resources among all dependents.
What if the parent is jobless?	Court may impute income based on skills, work history, or minimum wage; or order support in‑kind (e.g., taking child weekly).
*Can the case be handled pro se?*	Possible, but legal aid is strongly advised; court rules are technical.

13. Ethical Note & Disclaimer

This article is for general legal information only. Laws and court issuances are subject to change, and outcomes depend on specific facts. For personal legal advice, consult a Philippine lawyer or the Public Attorney’s Office.

Key Take‑Away

Document needs + capacity, demand support formally, fulfill barangay preliminaries (or cite the VAWC exemption), then file a verified Petition for Support and seek provisional relief. Courts in the Philippines do enforce child‑support obligations—especially now that wage‑garnishment and criminal sanctions under RA 9262 are well‑tested. A prepared, evidence‑backed case usually results in an enforceable order within the year, and temporary support can flow much sooner.

Good luck, and remember: each step you complete—demand, barangay CFA, provisional support motion—builds both legal leverage and a faster remedy for your child’s needs.