In the Philippines, the obligation to provide child support is a fundamental legal duty rooted in the Family Code. Unlike some jurisdictions that utilize rigid mathematical formulas or spreadsheets to calculate exact amounts, Philippine law employs a more flexible, equitable approach based on the specific circumstances of both the parents and the child.
The determination of child support is governed by the principle that support should be in proportion to the resources or means of the giver and the necessities of the recipient.
The Legal Basis of Support
Under Article 194 of the Family Code, support (sustento) comprises everything indispensable for:
- Sustenance and dwelling;
- Clothing and medical attendance;
- Education and transportation;
- Other needs based on the family's financial capacity.
The "Need vs. Means" Rule
The court follows the mandate of Article 201, which states that the amount of support shall be reduced or increased proportionately according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.
1. The Necessities of the Child (The Need)
The court examines the actual, documented expenses required to maintain the child’s well-being. This is not limited to "survival" but is instead tied to the social standing of the family.
- Standard of Living: If the parents are wealthy, the child is entitled to a lifestyle commensurate with that wealth.
- Age and Health: Older children or those with special medical needs or disabilities will naturally require higher support amounts.
- Education: This includes tuition, books, school supplies, and extracurricular activities appropriate to the family's status.
2. The Financial Capacity of the Parents (The Means)
The court evaluates the "means" of the parent (usually the non-custodial parent). This includes:
- Net Income: Salary, bonuses, and commissions.
- Assets: Properties, investments, and business interests.
- Necessary Expenses: The court allows the providing parent to deduct their own basic living expenses, but the duty to the child is prioritized.
Key Factors Considered by the Court
When a petition for support is filed, the judge will typically require evidence (such as ITRs, payslips, and receipts) to evaluate the following:
| Factor | Description |
|---|---|
| Combined Gross Income | While both parents are legally obligated to support the child, the court looks at their relative earning capacities. |
| Prior Agreements | While parents can agree on an amount, the court is not bound by it if the amount is deemed insufficient for the child's needs. |
| Non-Monetary Contributions | The custodial parent's daily care and supervision are often considered an "in-kind" contribution to support. |
| Number of Dependents | The court considers if the parent has other legal dependents (e.g., children from another marriage) who also have a right to support. |
Important Legal Characteristics of Support
Support is Never Final A judgment for child support never attains "immutability." Because the needs of a child grow and the income of a parent fluctuates, the amount can be adjusted at any time through a motion to increase or decrease support, provided there is a "substantial change in circumstances."
- Provisional Support (Support Pendente Lite): Courts can issue an order for immediate support while the main case is still being litigated to ensure the child's needs are met during the trial.
- Renunciation is Prohibited: The right to receive future support cannot be renounced or waived by the child or the custodial parent. Any agreement to "waive" child support is void under Philippine law.
- Criminal Liability: Under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act), the willful refusal to provide financial support can be classified as economic abuse, carrying criminal penalties including imprisonment.
Procedural Summary
To determine the amount, the court usually conducts a summary hearing where both parties submit their respective Affidavits of Expenses and Income. The judge then exercises judicial discretion to arrive at a "just" amount that ensures the child does not suffer while ensuring the providing parent is not deprived of their own basic means of survival.