1) Overview of Child Support Under Philippine Law

In Philippine law, “support” is a legal obligation to provide what is necessary for a child’s sustenance, dwelling, clothing, medical care, education, and transportation, consistent with the family’s circumstances. It is not a punishment and not a reward; it exists to protect the child’s welfare and development.

Child support is anchored mainly on:

the Family Code of the Philippines (rules on support, who owes it, what it includes, proportionality, and changes), and
related rules on procedure and evidence (how claims are filed and proven, and how courts enforce orders).

Support is owed to a minor child and may continue beyond majority in particular situations (discussed below). It may be demanded in or out of court, but enforceable obligations typically require either a written agreement or a court order.

2) Who Must Provide Child Support

A. Parents, first and foremost

A child’s parents are primarily obligated to support the child, whether the child is:

legitimate, or
illegitimate (born outside a valid marriage).

The obligation flows from parentage, not marital status. The practical difference is often not whether support is owed, but how filiation is proven and which other rights attach (e.g., parental authority, surname, inheritance rules).

B. Other obligors when parents cannot fully provide

If a parent cannot provide sufficient support, the law can look to other relatives in the order provided by law (e.g., ascendants, siblings) depending on circumstances. However, for most child support cases, the dispute is between the parents.

3) What Child Support Covers

Support generally includes what is necessary for the child’s:

Food and basic needs
Housing / shelter (and utilities as part of living needs)
Clothing
Medical and dental care (including medicines, hospitalization, therapy)
Education (tuition, books, school supplies, projects, reasonable fees)
Transportation related to school and daily needs
Special needs (e.g., disability-related care, special education)

A note on “lifestyle” and reasonableness

Support is measured by need but calibrated by capacity. A child is not limited to bare subsistence if the parents’ means allow a higher standard consistent with family circumstances.

4) The Core Rule: How Courts Determine the Amount

Philippine courts apply two governing principles:

A. Needs of the child

The child’s needs are evaluated based on:

age and developmental stage,
schooling and academic requirements,
health conditions,
location and cost of living,
prior lifestyle (what the child was used to, within reason),
special circumstances (disability, therapy, unique educational needs).

B. Resources / means of the obligor (and the other parent)

Support is proportionate to:

the paying parent’s resources and earning capacity, and
also the receiving parent’s ability and contribution.

Courts consider actual income and also capacity to earn (e.g., job skills, business involvement), especially when there are indications of deliberate underemployment or income concealment.

Key consequence: No fixed percentage by law

Unlike some countries with statutory child support tables, Philippine law does not impose a universal fixed percentage. The amount is case-specific, guided by proof and equity, anchored on the proportionality rule.

5) Factors Commonly Considered by Philippine Courts

While each case varies, the following factors frequently drive outcomes:

A. Child-related factors (needs)

Number of children being supported
Educational level (preschool, grade school, high school, college)
School type and costs (public/private; special programs)
Health conditions (regular medication, therapy, disability accommodations)
Day-to-day care needs (childcare, nanny expenses when reasonably necessary)
Transportation costs (commute, school service)
Extra-curriculars (generally only if shown consistent with lifestyle and means)

B. Parent-related factors (means)

Employment income (salary, allowances, bonuses, commissions)
Business income (net, plus evidence of personal expenses paid by business)
Other income streams (rentals, dividends, side gigs)
Assets and lifestyle indicators (vehicles, properties, travel, high-end spending)
Debts and obligations (only those proven and legitimate; courts scrutinize claimed deductions)
Existing legal support obligations (other children, spouse, elderly parents—again subject to proof)
Earning capacity (education, work history, profession, health)

C. Conduct-related considerations (limited role)

Support is generally not defeated by parental conflict. However, behavior can matter when it affects:

credibility about income or expenses,
deliberate concealment or dissipation of assets,
refusal to work despite capacity,
bad-faith tactics to evade support.

6) Proof and Evidence: What You Must Show

A child support claim succeeds or fails largely on documentation. Courts decide based on competent evidence, not estimates.

A. Proof of filiation (relationship)

To demand support from someone, filiation must be established. Evidence commonly includes:

For legitimate children

child’s birth certificate showing the parents, and/or
marriage certificate of the parents plus the child’s birth record.

For illegitimate children

birth certificate with the father’s acknowledgment (if acknowledged), or
an Affidavit of Acknowledgment / Admission of Paternity, or
evidence of open and continuous possession of status as the child (facts showing the father treated the child as his), and/or
other admissible evidence establishing paternity (depending on the case).

If filiation is contested, support may be sought pendente lite (temporary support while the case is pending) if there is sufficient basis, but contested paternity can complicate and delay final relief.

B. Proof of the child’s needs (expenses)

Useful documents include:

School records: enrollment form, tuition schedule, official receipts, school fees list
Medical records: prescriptions, lab requests, therapy plans, hospital bills
Daily living costs: receipts for groceries, milk, diapers, hygiene items
Housing costs: lease contract, rent receipts, utilities (where relevant to child’s share)
Transportation: school service contract/receipts, fare estimates supported by routes and frequency
Childcare: nanny contract/receipts, daycare invoices

Best practice: create a monthly budget supported by receipts and contracts. Courts often prefer verifiable recurring expenses.

C. Proof of the obligor’s income and capacity

If the paying parent is employed:

payslips
employment contract
certificate of employment and compensation
BIR Form 2316 / ITR
SSS/GSIS records where relevant
bank statements showing payroll deposits

If self-employed or in business:

audited financial statements (if available)
business permits, SEC/DTI records
invoices, receipts, and bank statements
proof of ownership or control of business
lifestyle evidence (vehicles, travel, high-end purchases) to counter underreporting

If working abroad:

overseas employment contract
remittance records
bank deposits
proof of job position and standard pay scale (when available through admissible evidence)

D. Proof of the receiving parent’s contribution

Courts factor in that the custodial parent usually contributes through:

direct spending, and
in-kind support (time, care, supervision).

But documenting actual cash outlays strengthens the case and supports proportional allocation.

7) Computation: Practical Approaches Used in Real Cases

Because there is no statutory table, computation is typically done in one of these court-friendly ways:

Approach 1: Needs-first budgeting (most common)

Identify the child’s monthly needs (itemized).
Determine each parent’s monthly net resources (or earning capacity).
Allocate support proportionately.

Example (illustrative): Child’s monthly needs (supported by receipts) = ₱30,000 Mother’s net resources = ₱30,000/month Father’s net resources = ₱60,000/month Total parental resources = ₱90,000

Mother’s share: 30,000/90,000 = 1/3 Father’s share: 60,000/90,000 = 2/3

So father’s support share ≈ ₱20,000/month, mother ≈ ₱10,000/month (often already being spent directly by the custodial parent).

This model fits the legal rule that support is in proportion to means.

Approach 2: Income-based estimate (used when needs proof is incomplete)

If the child’s expenses are not fully documented, courts may:

fix an amount based on credible minimum needs plus schooling/medical evidence, and
consider the obligor’s income and lifestyle.

This is less predictable and increases the chance of an amount lower than what the child actually needs, because undocumented claims are often discounted.

Approach 3: Hybrid with direct payments + cash allowance

Courts may structure support as:

direct payment of tuition to school + health insurance/medical, plus
a monthly cash amount for daily needs.

This reduces disputes and ensures money reaches the intended expense.

Approach 4: Percentage-of-income arrangements (by agreement, not automatic)

Parents sometimes agree to a percentage scheme (e.g., 20% of net income). Courts may approve if it is reasonable, in the child’s interest, and workable, but it’s not the default rule.

8) Temporary Support: Support Pendente Lite

During a pending case (for support, custody, or family disputes), a party may seek temporary support to address immediate needs.

Typical features:

granted based on prima facie showing of relationship and need,
supported by preliminary evidence of the obligor’s means,
subject to adjustment when the case is resolved.

This remedy is crucial when the child needs schooling or medical support while litigation is ongoing.

9) When Support Can Be Increased, Reduced, or Stopped

Support is variable. It can be adjusted when there is a material change in either:

A. The child’s needs

transfer to a more expensive grade level,
new medical condition,
increased schooling costs,
inflation and cost-of-living increases (if substantiated).

B. The obligor’s means

job loss, pay cut, disability,
increased income, promotion, new business,
change in financial responsibilities.

A paying parent cannot unilaterally reduce support just because they feel it is high. The proper approach is to seek court modification (or execute a new written agreement).

Support may end or shift when:

the child becomes self-supporting,
the child reaches majority and no longer qualifies for continued support,
or the circumstances legally justify cessation.

10) Support Beyond 18: College and Special Circumstances

A. Education past majority

Support can continue if the child is:

pursuing education reasonably and diligently, and
still in need of support.

The continuation is not automatic in all cases, but Philippine law recognizes education as part of support, and courts may order continued support when justified by circumstances and evidence.

B. Disability or inability to be self-supporting

If a child (even after majority) cannot support themselves due to disability or serious condition, support may continue as necessary.

11) Common Misconceptions

Misconception 1: “Child support is fixed at a certain percentage.”

Not as a universal rule. Amounts are based on needs and means, proven by evidence.

Misconception 2: “If the mother has custody, the father must pay everything.”

Support is shared proportionately. The custodial parent’s contribution can be partly in-kind (care and supervision), but courts still aim for proportionality.

Misconception 3: “If the father is not listed on the birth certificate, he owes nothing.”

If paternity can be legally established, support can be ordered.

Misconception 4: “The father can refuse support if denied visitation.”

Support and visitation are generally treated as separate matters. A child should not be deprived of support due to parental disputes.

Misconception 5: “Giving occasional money is enough.”

Informal support helps but may be deemed insufficient or inconsistent. For enforceability and clarity, the obligation should be reflected in a written agreement or court order.

12) Procedural Paths: How Child Support Is Claimed and Enforced

A. Demand and negotiation

Many disputes begin with a written demand specifying:

proof of expenses,
proposed monthly amount,
mode of payment,
schedule (e.g., monthly, plus tuition deadlines).

Parties may formalize terms through:

a notarized agreement, or
a settlement incorporated into a court order if litigation is pending.

B. Court action for support

A petition/case for support typically asks the court to:

determine the amount,
set payment mechanics,
and sometimes grant temporary support pending judgment.

C. Enforcement mechanisms

Once there is a court order or enforceable undertaking, remedies may include:

execution against assets,
garnishment in appropriate cases,
contempt proceedings for willful disobedience,
other lawful enforcement measures depending on the facts.

13) Practical Guidance on Building a Strong Case (Evidence Strategy)

A. Document expenses for at least 2–3 months

Use:

official receipts,
invoices,
contracts,
school/medical statements.

Separate expenses into:

fixed recurring (tuition amortization, rent share, therapy),
variable (groceries, transport),
occasional annual (uniforms, enrollment fees), converted to a monthly equivalent.

B. Avoid inflated or vague budgets

Courts discount:

rounded figures without proof,
luxury items inconsistent with means,
duplicative entries (e.g., counting the same cost under multiple headings).

C. Prove the obligor’s real means, not just declared income

If the obligor underdeclares:

show bank flows,
show lifestyle indicators,
show business ownership/control evidence,
show inconsistencies (e.g., low declared income but high recurring expenses).

D. Propose a clear payment structure

Examples:

cash support paid monthly by bank transfer to a named account,
tuition paid directly to school,
HMO/pediatric plan maintained by the paying parent,
reimbursement rules for emergencies with receipts.

Courts prefer clear mechanics because it reduces future disputes.

14) Special Scenarios

A. Multiple children with different mothers/fathers

Courts consider all legitimate support obligations, but will still prioritize the child’s welfare and proportionality. Documentation becomes essential.

B. Overseas parent and currency issues

Courts can fix support in pesos with a structure reflecting remittances, or adopt a payment plan that accounts for overseas salary cycles. Proof of actual remittance capability matters.

C. New spouse or new family of the obligor

A new relationship does not erase existing support duties. It may affect capacity, but courts examine whether claimed burdens are legitimate and whether there is bad-faith dissipation of resources.

D. Big-ticket medical emergencies

These can be handled as:

separate extraordinary support, or
reimbursable expenses split proportionately, subject to proof and reasonableness.

15) A Practical Computation Template (Use in Demand Letters or Pleadings)

Step 1: List monthly needs (attach proof)

Food / milk / groceries (child’s share): ₱____
Housing (child’s share): ₱____
Utilities (child’s share): ₱____
Education (monthly equivalent): ₱____
Transportation: ₱____
Medical / insurance: ₱____
Childcare / caregiver: ₱____
Misc. essentials: ₱____ Total monthly needs: ₱____

Step 2: Identify each parent’s net means (attach proof)

Parent A net income: ₱____
Parent B net income: ₱____ Combined: ₱____

Step 3: Allocate proportionately

Parent A share = A / (A+B) × Total Needs
Parent B share = B / (A+B) × Total Needs

Step 4: Decide structure

Cash support: ₱____ / month
Direct payments (tuition/insurance): ₱____
Reimbursement rule: ____% split upon receipt submission within ___ days

This format makes the claim easier to evaluate and tends to be more persuasive because it connects receipts → needs → proportionality.

16) Key Takeaways

Child support in the Philippines is determined primarily by (1) the child’s needs and (2) the parents’ means, with support proportionate to resources.
There is no single fixed percentage mandated across all cases.
The strongest cases are evidence-driven: proof of filiation + proof of needs + proof of means.
Courts may grant temporary support while the case is pending and may later adjust amounts based on evidence.
Support is modifiable with material changes in circumstances and can continue beyond 18 in appropriate cases (education, disability, inability to self-support).