How to Compute Child Support in the Philippines Based on a Parent’s Income

Child support (referred to in Philippine law as “support” or “parental support”) is one of the most fundamental and non-negotiable obligations of parents under the Family Code of the Philippines (Executive Order No. 209, as amended). It is not a punishment, not a favor, and not subject to waiver or compromise by the parents — it belongs to the child as a matter of public policy.

Legal Foundation

The primary sources of law are:

  • Articles 194–208, Title IX (Support), Family Code of the Philippines
  • Article 195 (mutual obligation of support among family members)
  • Article 201 (amount shall be in proportion to the resources or means of the giver and the necessities of the recipient)
  • Article 176 (illegitimate children entitled to support in conformity with the Family Code)
  • Article 203 (amount may be fixed by agreement or by final judgment)
  • Article 204 (support is provisional and may be adjusted)
  • Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) – economic abuse includes deliberate withholding of support
  • Republic Act No. 8369 (Family Courts Act of 1997)
  • A.M. No. 03-04-04-SC (Rule on Provisional Orders) – governs support pendente lite
  • Relevant Supreme Court decisions: Gotardo v. Buling (G.R. No. 165166, 2012), Lim-Lua v. Lua (G.R. No. 175279, 2015), Spouses De Guzman v. Perez (G.R. No. 156013, 2004), Mangonon v. Court of Appeals (G.R. No. 125041, 2006), Reyes v. Ines-Lucente (G.R. No. 180177, 2013)

Who Is Entitled to Child Support?

  1. All children, legitimate or illegitimate, below the age of majority (18 years old).
  2. Children who have reached 18 but are incapacitated and unable to support themselves (no age limit).
  3. Children pursuing higher education are generally entitled to support until completion of their course if the parent has the financial capacity (Supreme Court has consistently ruled that tertiary education is included when the parent can afford it – see Lacson v. Lacson, G.R. No. 150644, 2007, and subsequent cases).

There is no distinction in the amount of support between legitimate and illegitimate children once filiation is established. The old Civil Code rule granting only half support to illegitimate children was repealed by the Family Code.

Who Is Obliged to Provide Support?

  • Both parents jointly and solidarily (Art. 195).
  • In default of parents: ascendants (grandparents) in the nearest degree.
  • In default of parents and grandparents: eldest brother or sister (if of age).
    Children’s support takes absolute priority over support to spouses or other relatives (Art. 199 and Art. 200, Family Code).

There Is No Statutory Percentage or Fixed Table (Yet)

Unlike the United States, Canada, Australia, or Singapore, the Philippines does not have a mandatory statutory child support guideline or percentage table as of November 2025. Several bills proposing fixed percentages or income-shares models (e.g., House Bill Nos. 116, 207, 3843, 5713 in previous Congresses) have been filed repeatedly since the 14th Congress but none have become law.

Therefore, the amount remains discretionary and is determined on a case-by-case basis by the Family Court judge using the proportionality rule in Article 201.

Factors Considered by Philippine Courts in Fixing the Amount

The Supreme Court has repeatedly enumerated the factors (Mangonon v. CA, Lim-Lua v. Lua, Gotardo v. Buling, etc.):

  1. Financial capacity/resources of the parent-payor (salary, business income, investments, real properties, vehicles, lifestyle).
  2. Actual and reasonable needs of the child (tuition, books, uniforms, allowance, food, housing, medical expenses, transportation, extracurricular activities, gadgets, etc.).
  3. Present and future needs of the child (inflation, increasing school fees, medical conditions).
  4. Standard of living the child would have enjoyed had the family remained intact (“accustomed station in life” doctrine).
  5. Earning capacity of the parent (even if currently unemployed, the court will consider potential income).
  6. Number of children entitled to support from the same parent.
  7. Other legitimate financial obligations of the parent (but support of children from a previous relationship takes precedence over a new spouse or new children – see Spouses De Guzman v. Perez).
  8. Special needs (children with disability, medical conditions, gifted programs).

How Courts Actually Compute Support in Practice (2020–2025 Trends)

Although there is no law mandating it, Family Courts and the Supreme Court have developed consistent patterns:

Support Pendente Lite (Provisional Support During the Case)

Under the Rule on Provisional Orders, the court issues support pendente lite within 24–48 hours from submission of affidavits.

Common awards observed in Metro Manila and urban Family Courts:

  • Payor net income ₱40,000–₱80,000/month → ₱10,000–₱20,000 per child
  • Payor net income ₱80,000–₱150,000/month → ₱20,000–₱40,000 per child
  • Payor net income ₱150,000–₱300,000/month → ₱40,000–₱80,000 per child
  • Payor net income ₱300,000+/month → ₱80,000–₱150,000+ per child (or actual tuition + allowance)

Many judges informally use a range of 15%–30% of the payor’s net disposable income for one child, reduced proportionally for additional children.

Final Support After Trial

After full trial, the amount is usually higher than pendente lite because more evidence is presented (ITRs, bank statements, lifestyle checks via social media, etc.).

Examples from recent promulgated decisions (2020–2025):

  • Father earning ₱120,000 net/month → ordered to pay ₱35,000/month for one child in private school (including full tuition)
  • Father earning ₱250,000 net/month → ₱80,000/month for two children (tuition in international school + allowance)
  • OFW father earning ₱350,000/month → ₱150,000/month total for three children (direct payment of tuition + monthly support)
  • High-net-worth individual (₱1M+/month) → ₱200,000–₱400,000/month total, sometimes with trust fund setup

Courts increasingly require direct payment of tuition, medical insurance, and extracurricular fees to the school/hospital rather than cash to the mother to prevent misuse.

What Income Is Considered?

  • Gross income minus mandatory deductions (SSS, PhilHealth, Pag-IBIG, tax) and reasonable business expenses (if self-employed).
  • 13th month pay, 14th month pay, bonuses, commissions, overseas allowances, stock options, rental income, dividends, capital gains.
  • Perks (company car, housing allowance, meal allowance) are often included.
  • Income of new spouse may be considered if it substantially improves the payor’s lifestyle (Lim-Lua v. Lua).

Procedure to Claim or Enforce Child Support

  1. Extrajudicial demand (highly recommended – send demand letter through counsel).
  2. If no compliance → file Petition for Support with Application for Support Pendente Lite in the Family Court of the child’s residence (filing fee only ₱3,000–₱7,000 or exempt if PAO/indigent).
  3. Mandatory mediation at the Philippine Mediation Center (PMC).
  4. If mediation fails → trial.
  5. Support pendente lite granted usually within one month.
  6. Final decision after 6–24 months (depending on court calendar).

Enforcement Mechanisms

  • Motion for Execution (if judgment final)
  • Contempt of court
  • Attachment of salaries, bank accounts, vehicles, real properties
  • Issuance of Hold Departure Order
  • Criminal case under RA 9262 (economic abuse, penalty 1–6 years imprisonment + fine)
  • Administrative case for disbarment/suspension if payor is a lawyer/government employee

Modification of Support

Support may be increased or reduced upon proof of substantial change in circumstances (inflation, promotion, loss of job, new child, illness, etc.) – file a Petition for Modification.

Key Takeaways for Parents and Practitioners (2025)

  1. There is still no statutory table or fixed percentage – everything is discretionary under Article 201.
  2. Courts are increasingly strict and evidence-based; lifestyle discrepancy (luxury cars, travel on social media while claiming poverty) is heavily penalized.
  3. Actual school fees + reasonable allowance is now the norm rather than a lump-sum amount.
  4. Support continues beyond 18 if the child is studying and the parent can afford it.
  5. Failure to pay support is no longer treated lightly – RA 9262 criminal complaints have become extremely common and effective.

Until Congress finally passes a child support guidelines law, the amount will continue to be determined by the Family Court judge using the constitutional standard of the “best interest of the child” balanced against the parent’s financial capacity.

Parents who voluntarily agree on reasonable support avoid years of litigation and preserve their relationship with their children. Those who refuse will find the Philippine legal system, as of 2025, increasingly efficient at enforcing this most sacred of parental duties.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.