How to Demand and File a Case for Child Support in the Philippines

(A practical, Philippine-specific legal guide — comprehensive but readable.)

Quick note: This is general information, not a substitute for tailored legal advice. For free help, you can approach the Public Attorney’s Office (PAO) if you qualify as an indigent, or consult a private lawyer.

1) Core Principles of Child Support under Philippine Law

What “support” covers. Support includes everything indispensable for a child’s life and development: food, shelter, clothing, medical and dental care (including insurance and therapy), education (tuition, school needs, devices, internet), and necessary transportation. Extraordinary expenses (e.g., emergency surgery) can be claimed on top of regular monthly support.

Who must support. Both parents are primarily obliged to support their minor child — whether the child is “legitimate” or “illegitimate,” and whether the parents are married or not. If a parent truly cannot give support, other relatives in the direct line (e.g., grandparents) may be required in a secondary or supplementary capacity.

When support starts and how long it lasts. Support is owed from the time the child needs it. Courts usually award support starting from the date of judicial or extra-judicial demand (see §3 below on why a demand letter matters). Support can continue beyond age 18 if the child cannot yet support themselves for reasons independent of their will (e.g., still reasonably pursuing education, disability).

How the amount is computed. There is no fixed percentage in Philippine law. Courts set an amount that is proportionate to (a) the child’s reasonable needs and (b) each parent’s means and standard of living. The amount may be increased or reduced if circumstances change (loss of job, new special needs, etc.).

Support is not a bargaining chip. A parent’s right to visit or to co-parent is not a precondition for their duty to support; you cannot “trade” support for custody/visitation.

2) Before You Sue: Build Your Case

A. Gather proof of filiation (parent-child relationship)

If parents are married: child’s birth certificate listing both parents usually suffices.
If not married: collect proof that the other parent is the father/mother, such as:
- Birth certificate with father acknowledged;
- Notarized public documents or handwritten admissions;
- Photos, messages, remittances, hospital records showing involvement;
- DNA evidence (if disputed; courts can order testing; refusal can be weighed against the refusing party).

If paternity/maternity is denied, you may file a combined action to establish filiation and claim support.

B. Document the child’s needs

Create a detailed monthly budget with receipts/quotes for:

Food, diapers, formula;
Rent/utilities (apportioned share);
School tuition/fees, books, uniforms, devices, internet;
Medical care, therapy, medications, insurance;
Transportation and other regular costs;
Extraordinary expenses (special education, surgeries, assistive devices).

C. Collect proof of the other parent’s capacity

Any lawful indicator of income, assets, or lifestyle helps:

Payslips, employment certificates, ITRs;
Bank or e-wallet transaction histories (if accessible);
Business permits, SEC/DTI records, social media/advert listings;
Proof of regular gigs, commissions, or properties;
For seafarers/OFWs, manning/agency details, standard contracts, allotments. If you can’t obtain these yourself, courts can subpoena employers and records later.

3) Make an Extra-Judicial Demand Letter (Highly Recommended)

Why it matters: under the Family Code, while support is owed from need, amounts generally become payable only from demand (extra-judicial or judicial). A dated, receipted demand can secure earlier accrual than the court filing date.

How to do it

Write a clear, respectful letter asking for a specific monthly amount (or a breakdown), with bank/e-wallet details and a deadline (e.g., 10 days).
Attach your child’s budget and key documents (birth certificate, receipts).
Serve it so you can later prove receipt (personal service with signed acknowledgment, registered mail with registry return card, reputable courier with tracking, or via a lawyer/PAO).

If they pay: keep a ledger and receipts. You can still formalize the arrangement in a Kasunduan (settlement) or a Notarized Agreement and, ideally, have it converted into a court judgment by compromise for easy enforcement.

4) Try Barangay Conciliation (When Required)

Under the Katarungang Pambarangay system, many civil disputes must first be mediated at the barangay if the parties reside in the same city/municipality (with recognized exceptions). File a complaint with the Punong Barangay or Lupon Tagapamayapa.

Notable exceptions (no barangay step needed):

Parties live in different cities/municipalities (unless they voluntarily submit to barangay mediation);
Cases requiring urgent court relief;
Matters covered by protection orders for VAWC (economic abuse/withholding support tied to violence);
When a party is a juridical entity (not typical in child support).

Outcomes:

Amicable settlement (Kasunduan): becomes final after 10 days if not repudiated; it’s enforceable like a judgment.
No settlement: you receive a Certification to File Action, which courts usually require (unless your case is within an exception).

5) Where and How to File in Court

Court: File a Petition for Support (or “Complaint for Support”) in the Family Court (a designated RTC branch). If your locality has no family court, file in the RTC designated to handle family cases.

Venue: Generally, in your place of residence or the defendant’s.

Parties: The parent (as natural guardian) files on behalf of the minor; if the child is of age but still entitled (e.g., still studying), the child may file personally.

Essential contents & attachments:

Child’s birth certificate;
Allegations proving filiation if not presumed;
Detailed budget, receipts, and proof of needs;
Evidence of respondent’s means (what you have; subpoena the rest later);
Copy of demand letter and proof of service;
Barangay certification (if required);
Prayer for support pendente lite (temporary support while the case is pending), final support, arrears from demand, attorney’s fees/costs as may be just, and other equitable reliefs.

Fees & counsel: Pay docket and sheriff’s fees. If indigent, apply to litigate as a pauper and seek assistance from PAO.

After filing: The case will usually go through Court-Annexed Mediation (CAM) and possibly Judicial Dispute Resolution (JDR). Settlements can be approved by the court and enforced by execution if breached.

6) Getting Money Fast: Support Pendente Lite & Protection Orders

A. Support pendente lite (during the case)

File a Motion for Support Pendente Lite with:

Your affidavit and financial/budget statement;
Proof of the child’s needs and the other parent’s means;
Draft order stating the monthly amount and due date (e.g., every 15th of the month) and mode of payment.

Courts may grant this after summary hearing. Non-payment can lead to contempt and execution even before final judgment.

B. VAWC protection orders (if there is violence or economic abuse)

If withholding support is part of violence against women and their children (VAWC), you may seek court protection orders (Temporary/Permanent Protection Orders). Courts can include support as immediate relief. (Barangay Protection Orders offer urgent behavioral restraints; monetary reliefs like support are typically court-ordered.)

7) How Courts Compute the Amount (Practical Tips)

Start with the child’s real budget. Avoid padding; keep receipts.
Apportion shared costs. For rent/utilities, compute the child’s reasonable share.
Reflect each parent’s means. The duty is proportionate; a higher-earning parent pays more.
Include recurring school/medical items and flag extraordinary expenses separately.
Ask for a specific number but be ready to justify and to accept reasonable adjustments.
Update the court if circumstances change (job loss, new therapy, tuition hikes).

8) If Paternity Is Disputed

You can combine Filiation and Support in one case.
Ask the court to order DNA testing if appropriate. Refusal may be appreciated by the court against the refusing party.
Present alternative proof: acknowledgments, photos, messages, financial support/history, witness testimony, hospital records.

9) Special Situations

Unmarried parents: The child still has a full right to support. Parental authority over an illegitimate child is with the mother by default, but support is owed by both parents.
Child with disabilities/special needs: Courts recognize higher recurring costs (therapies, aides, devices).
OFW or seafarer-parent: The court can garnish remittances or allotments and order the employer/manning agency to withhold and remit support. Service of orders abroad can be more complex; local properties and local pay channels are easier to reach.
Multiple children: Support must account for all dependents, but each child’s needs remain paramount.
Grandparents’ support: If a parent truly cannot give support and the other parent alone is insufficient, the court can require grandparents (nearest in degree) to contribute.

10) Enforcing a Support Order

If there’s an order or judgment and the payer defaults:

Writ of execution to garnish salary, commissions, bank accounts, or rents; levy on real/personal property.
Direct payment orders to employers (with notice).
Contempt for willful non-compliance.
Criminal liability may arise in specific contexts (e.g., violation of a protection order under VAWC).
Judgment by compromise (if you settled) is enforceable like any final judgment.

Keep a payment ledger (date, amount, channel, purpose). Always receipt payments to avoid later disputes.

11) Modifying or Terminating Support

You may file a Motion to Increase/Reduce/Modify Support if needs or means materially change (job loss, promotion, new medical needs, graduation). Support may cease if the need ceases (e.g., child becomes self-supporting) — but courts are cautious and look for solid proof.

12) Checklists

Documents to Prepare

Child’s birth certificate (PSA or civil registry copy).
Proof of filiation if not presumed (acknowledgments, messages, photos).
Demand letter + proof of service.
Barangay Certification to File Action (if required) or proof of an exception.
Itemized budget with receipts/quotes (3–6 months ideally).
Evidence of the other parent’s income/means (payslips, ITRs, business records).
IDs and proof of addresses of both parties.

Court Filings You’ll Likely Need

Petition/Complaint for Support;
Motion for Support Pendente Lite;
Affidavits and Financial Statement;
Pre-trial brief;
Compromise agreement (if settled);
Motion for Execution/Contempt (if there’s default).

13) Templates (Plain-Language Samples)

A. Demand Letter (sample)

<Date>

<Parent’s Name>
<Address / Email>

Subject: Demand for Child Support for <Child’s Name>, born <DOB>

Dear <Name>,

I am requesting monthly child support for our child, <Child’s Name>, in the amount of ₱<amount>, beginning <date>. This covers food, housing share, utilities share, transportation, medical care, and school needs. A detailed budget and receipts are attached.

Please remit on or before every <day> of the month to:
<Bank/GCash details>.

If you cannot pay the full amount now, kindly propose a reasonable schedule within ten (10) days from receipt.

Sincerely,
<Your Name>
<Signature / Contact Details>
(Attachments: Birth Certificate; Itemized Budget; Receipts)

B. Budget Sheet (attach to demand and motion)

Food: ₱____
Rent (child’s share): ₱____
Utilities (child’s share): ₱____
School (tuition, fees, uniform, books, device, internet): ₱____
Medical/therapy/insurance: ₱____
Transportation: ₱____
Misc. (hygiene, diapers, etc.): ₱____
TOTAL MONTHLY SUPPORT NEEDED: ₱____

C. Prayer in a Petition for Support (example wording)

Ordering respondent to pay ₱ monthly support, payable on/before every , via ;
Granting support pendente lite in the same amount (or as the court may find proper) effective from <date data-preserve-html-node="true" of demand/filing>;
Requiring respondent to furnish financial documents (ITR, payslips, contracts) and to update the court on employment changes;
Awarding arrears from the date of extra-judicial demand and continuing monthly thereafter;
Granting other just and equitable reliefs.

14) Smart Strategy Tips

Make the record now. A short, well-served demand letter can be worth months of arrears later.
Be precise and reasonable. Courts reward clear, evidence-based budgets.
Don’t overreach. Asking for an unrealistic amount can hurt credibility.
Secure a bank/e-wallet trail. It simplifies enforcement and avoids “he-said, she-said.”
Protect safety. If there’s any form of violence, prioritize protection orders alongside support.
Think enforceability. A compromise judgment or an order with employer remittance instructions is often the fastest way to real money for the child.

15) Frequently Asked Questions

Q: Can I ask for support even if we never married? Yes. Marriage is not required. The child’s right to support is the same; you just need to prove filiation.

Q: From when will the court award start? Typically from the date of demand (extra-judicial or judicial), so send a demand letter early and keep proof of service.

Q: What if the other parent hides income or is paid in cash? The court can impute income based on lifestyle, assets, industry rates, and other evidence; it can subpoena employers and records.

Q: Can I get support while the case is pending? Yes — request support pendente lite with an affidavit and budget.

Q: The payer moved abroad. Can I still enforce? You can garnish local income/assets and direct local employers/agents to remit. Enforcement purely overseas may require additional steps in that country; consult counsel.

Final Word

You don’t need to navigate this alone. Start with a documented demand, move through barangay conciliation when required, and file in Family Court with a strong, receipt-backed budget. Ask for support pendente lite early. Whether through a compromise or a court order, the law’s touchstone is the child’s best interests — and your paper trail is what turns that principle into actual, timely support.