Securing financial support for a child when the father is a United States citizen living abroad involves navigating a complex intersection of Philippine law, US state laws, and international treaties. Under Philippine law, particularly the Family Code, parents are legally obligated to provide support to their children, a right that is imprescriptible and cannot be waived.
1. Establishing Legal Paternity
Before a claim for support can be enforced, paternity must be legally established. In the Philippines, this is governed by the Family Code:
- Legitimate Children: If the child was born during a valid marriage, paternity is legally presumed.
- Illegitimate Children: If the parents were not married, the father must have recognized the child through the Record of Birth, a written admission of paternity, or a final court judgment (often involving DNA testing).
Without legal recognition of paternity, a US court will generally not entertain a support petition.
2. The Legal Framework for International Claims
The primary mechanism for seeking support from a parent in the US is the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.
The Philippines is a signatory to this convention. This allows for a streamlined process where the Philippine government coordinates with the US Department of Health and Human Services (HHS) and state-level Child Support Enforcement (CSE) agencies.
3. The Role of the Central Authority
The Department of Social Welfare and Development (DSWD) serves as the "Central Authority" in the Philippines for the Hague Convention. The process typically follows these steps:
- Application: The custodial parent files an application for support through the DSWD.
- Documentation: You must provide the child’s birth certificate, proof of paternity, and evidence of the father’s income or assets if available.
- Transmittal: The DSWD transmits the application to the equivalent Central Authority in the US state where the father resides.
- Enforcement: The US state agency locates the father and initiates an administrative or judicial process to establish a support order or enforce an existing Philippine order.
4. Enforcement Mechanisms in the US
Once a US state agency takes the case, they have several powerful tools to ensure payment, even if the father is uncooperative:
- Wage Withholding: Support is deducted directly from the father’s paycheck.
- Tax Refund Interception: The US government can seize federal or state tax refunds to cover unpaid support.
- License Suspension: Non-payment can lead to the suspension of driver’s, professional, or even recreational (hunting/fishing) licenses.
- Passport Denial: If arrears exceed a certain threshold (typically $2,500), the US State Department can deny or revoke the father’s passport.
5. Alternative: Filing via Philippine Courts
While the DSWD/Hague Convention route is the most practical for those living in the Philippines, one can also file a civil case for support in a Philippine Family Court.
- Extraterritorial Service of Summons: If the father is in the US, the court must authorize service of summons through international channels (often via the Hague Service Convention).
- Challenges: Even if a Philippine court issues a support order, it is not automatically "self-executing" in the US. You would still likely need to petition a US court to recognize and enforce the Philippine judgment under the principle of comity or the Hague Convention.
6. Criminal Liability (R.A. 9262 and R.A. 7610)
Under the Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262), the "willful" failure or refusal to provide financial support is considered a form of economic abuse.
- Criminal Prosecution: A criminal complaint can be filed with the Prosecutor's Office.
- Limitations: This is most effective if the father occasionally visits the Philippines. If he enters Philippine territory, he can be arrested and held until he provides support or posts bail. However, the US will generally not extradite a citizen solely for a child support case.
Summary Table: Actionable Steps
| Step | Action Required | Entity Involved |
|---|---|---|
| 1. Paternity | Ensure the father’s name is on the birth certificate or an admission exists. | Local Civil Registrar |
| 2. Application | File a formal request for international support recovery. | DSWD Central Authority |
| 3. Evidence | Provide the father’s last known US address, SSN (if known), and employer info. | Custodial Parent |
| 4. Recognition | The US state agency establishes or recognizes the support amount. | US State CSE Agency |
| 5. Collection | Support is collected in the US and remitted to the DSWD or the parent. | US State Agency / DSWD |
Note on Legal Fees: Utilizing the DSWD and the Hague Convention framework is generally the most cost-effective method, as it leverages government-to-government cooperation, often bypassing the need for expensive private international attorneys.