How to File a Demand for Child Support in the Philippines: Requirements and Procedures

Updated for the Family Code framework and current Family Courts practice. This is practical, education-oriented guidance—not a substitute for legal advice.

1) Legal Basis, Who Owes, and What “Support” Covers

Primary law: The Family Code of the Philippines (Articles 194–208) governs support.

Who can demand support? Children (legitimate or illegitimate) may demand support from their parents. Grandparents may be subsidiarily liable when parents cannot give support; siblings can also be obliged in limited cases, all subject to ability to pay and the child’s need.
What is “support”? Everything indispensable for sustenance: food, clothing, suitable dwelling, medical and dental care, transportation, and education/training (including tuition, books, school fees, and reasonable allowances).
How is the amount set? There is no fixed statutory formula (no official “percent-of-income table”). Courts balance:
- the needs of the child (age, schooling, health); and
- the means of the parent(s) obligated (actual income, assets, dependents, debts).
When does support start? As a rule, from the date of demand—judicial (court filing/service) or written extrajudicial demand—unless the court sets a different effective date.
Can it change? Yes. Support may be increased, reduced, or suspended if circumstances materially change (e.g., job loss or higher school costs).
Until when? Generally until age 18; but if the child is still in school or training and remains dependent, support may continue for that purpose. Support for a child with disability can extend as justice requires.

2) Establishing Filiation (Paternity/Maternity)

You must be ready to prove the parental relationship, especially for an unmarried mother claiming from the putative father.

Common proof options:

PSA Birth Certificate with the father’s name (voluntary acknowledgment/admission of paternity).
Public documents (e.g., Affidavit of Acknowledgment/Admission of Paternity, notarized agreements, written communications).
Open and continuous possession of the status of a child (acts of recognition: introductions, consistent support/remittances, school records listing the father).
Genetic (DNA) evidence if contested (requires court order or consent).

If the parents were married when the child was conceived/born, the child is presumed legitimate; filiation is usually not contentious.

3) Practical Routes to Demand Child Support

You can pursue (A) extrajudicial (out of court) routes first, then (B) barangay conciliation if applicable, and (C) a court case if needed. You may skip earlier steps when the law allows (e.g., parties reside in different cities/municipalities, or safety issues).

A. Extrajudicial Demand (Demand Letter & Negotiation)

Prepare a demand letter stating:
- child’s identity and filiation basis,
- monthly needs (itemized budget),
- proposed amount and payment date/mode,
- request for disclosure of income (payslips/ITR) and a response deadline (e.g., 10–15 days).
Attach supporting documents (see Section 5).
Serve via personal delivery, courier with tracking, or email—and keep proof of service.
Negotiate a written Support Agreement (good practice: notarize). Include:
- amount and due date (e.g., every 15th and 30th),
- escalation/review clause (e.g., every school year),
- mode (bank transfer/Gcash), and
- default and remedies (late fees, mediation, venue).

Why do this? A dated written demand can make any eventual award retroactive to the demand date and often resolves matters faster and cheaper.

B. Barangay Conciliation (Katarungang Pambarangay)

When required: Generally, if both parties reside in the same city/municipality, a dispute for money/support must go through barangay conciliation before court filing.

When not required/exempt:

Parties live in different cities/municipalities;
One party is abroad;
Cases involving violence against women and their children (VAWC) or where urgent legal protection is sought;
Other statutory exceptions.

Process (typical):

File a complaint with the Barangay Captain.
Mediation by the Punong Barangay; if unresolved, conciliation before the Lupon.
If settlement fails, you receive a Certification to File Action.
A written settlement is binding; breach allows execution via the barangay or filing in court.

C. Court Action (Petition for Support)

Court: Family Court (designated RTC). Venue (typical): Where the child or the caretaker parent resides, or where the respondent resides (check current Rules of Court). Parties: The child (represented by the mother/guardian) vs. the obligated parent(s).

Key filings:

Verified Petition for Support (state facts, filiation, needs, respondent’s means), with a prayer for:
- Provisional support (pendente lite)—temporary support while the case is pending;
- Disclosure of respondent’s income/assets;
- Attorney’s fees/costs, if justified.
Attachments (see Section 5).
Application for temporary relief (e.g., protection orders in VAWC scenarios; see Section 10).

Flow (simplified):

Filing & raffling to a Family Court.
Service of summons (personal/substituted; with court leave, by publication or other modes if evasive/abroad).
Judicial dispute resolution/mediation (courts often require this).
Pre-trial (stipulations, issues, exhibits).
Trial (you must prove filiation, needs, and respondent’s means).
Decision & writ of execution; continuing jurisdiction for modification.

Provisional Support: Courts may issue interim support orders early, based on affidavits and receipts. These are immediately enforceable and later adjustable.

4) How Courts Commonly Compute Support

Needs-first budgeting: tuition & mandatory fees, school supplies, uniform/PE, transportation, modest allowance, food, rent share, utilities share, internet (for school), medical/medicines, contingency.
Means and lifestyle evidence: pay slips, ITR/Alphalist, bank deposits, business permits/FS, declared assets, vehicle ownership, social media “lifestyle” (with caution), and prior remittance levels.
Multiple dependents: The court may allocate pro rata among all dependents and obligees, ensuring no child is unfairly disadvantaged.
In-kind vs cash: Courts prefer cash for predictability; in-kind contributions may be credited if regular, quantifiable, and essential.

Rule of thumb (practice, not law): Parties often reference 20–30% of a parent’s net monthly income per child, then adjust up/down for actual needs and circumstances. The court is not bound by any fixed percentage.

5) Documents & Evidence Checklist

Identity/Filiation

PSA Birth Certificate; for illegitimate child, documents showing acknowledgment (if any).
Marriage Certificate (if applicable).
Photos/messages/letters evidencing recognition or support history.

Needs of the Child

School records (assessment forms, tuition statements, enrollment forms).
Receipts for food, rent share, utilities, internet, transportation, medical care, medicines, therapy.
Budgets (monthly itemization with realistic amounts).

Means of Respondent

Payslips, ITR/BIR 2316/1701, bank statements (if available), remittance receipts, business registrations and permits, property docs, vehicle OR/CR.
Lifestyle indicators (travel posts, high-end purchases)—use judiciously.

Process Records

Demand letter and proof of service.
Barangay filing/settlement or Certification to File Action (if applicable).
Prior support agreements and proof of partial payments.

6) Drafting the Demand Letter (Template You Can Adapt)

Subject: Demand for Child Support — [Child’s Full Name, Birthdate] Dear [Parent’s Name], I am writing regarding our child, [Name], born on [date]. As [mother/father/legal guardian], I request monthly support consistent with the Family Code to cover [education/medical/transportation/living expenses].

Monthly budget (summary): Tuition/fees – ₱; School needs – ₱; Transportation – ₱; Food – ₱; Rent/Utilities share – ₱; Medical/Medicines – ₱; Misc. – ₱**. *Total: ₱***.

Based on your income and our child’s needs, I propose ₱____ monthly, payable every [15th/30th] via [bank/Gcash] beginning [date]. Please provide copies of your latest payslips/ITR within 10 days so we can finalize a fair amount.

Absent agreement by [date], I will proceed with barangay conciliation and/or a petition for support in the Family Court, including a prayer for provisional support.

Sincerely, [Your Name] [Address / Email / Mobile]

7) Filing the Court Petition (Contents & Format)

Allegations to include:

Child’s identity and filiation basis.
Custody/who the child lives with.
Detailed needs budget (attach receipts/assessments).
Respondent’s means (attach what you have; ask court to compel disclosure).
Extrajudicial demand made and result; barangay results or exemption.
Prayer for:
- monthly support at ₱___ (or “at an amount the Court finds just”),
- provisional support,
- production of documents,
- attorney’s fees/costs (if warranted), and
- other just reliefs.

Annexes: See Section 5. Verification & Certification against Forum Shopping required. Follow current Rules of Court on form and service.

8) Enforcement & Collection Tools

Writ of Execution/Garnishment against salaries, bank accounts, or receivables.
Employer/withholding orders (once the court learns the employer’s identity).
Levy on leviable property (subject to exemptions).
Contempt for disobedience of court orders.
Security deposits (occasionally ordered in chronic default).
Interim receipts/accounting—ask the court to require proof of payment every month.

If the obligated parent willfully withholds support to a woman partner and/or their child as part of abuse, that can constitute economic abuse—separately actionable (see Section 10).

9) Special Situations

Parent lives abroad or hides income

Barangay conciliation is not required if parties live in different cities/municipalities (or one is abroad).
Ask the court for alternative service (substituted/electronic/publication) with supporting affidavit of diligent efforts.
For income, seek judicial subpoenas directed at employers, banks, BIR, SSS, Pag-IBIG, and known business partners.
If foreign employment is known, present employment contracts/pay statements you have and request the court to require disclosure.

Disputed paternity

Move for court-ordered DNA testing and interim provisional support based on prima facie showing (e.g., prior acknowledgments/communications).

Multiple households/dependents

Court weighs fairness among dependents; prepare to prove your child’s specific needs and the respondent’s actual obligations to others.

High school/college transition

File a motion to modify support when entering senior high/college due to higher tuition and transport/lodging costs.

10) When VAWC (Economic Abuse) Is Involved

If the respondent is/was your spouse/partner (including dating relationship) and withholds support or harasses you financially, you may seek remedies under the Anti-Violence Against Women and Their Children law:

Protection Orders (Temporary/Permanent) can direct support and restrain harassment, often on an urgent basis.
You may file both civil support and VAWC remedies in parallel when the facts fit.

11) Timelines, Costs, and Legal Aid

Extrajudicial: days to a few weeks if cooperative.
Barangay: typically 15–30 days from filing to certification (if unresolved).
Court (to provisional support): often weeks to a few months depending on service of summons and court docket.
Full decision: varies widely by congestion and issues (months to more than a year).

Fees: Filing fees vary by claim amount; indigent/PAO clients may be exempt. Keep all receipts—they strengthen your budget proof.

Where to get help: Public Attorney’s Office (PAO) for indigent parties; law school legal aid offices; women/children NGOs; LGU social workers; DSWD.

12) Common Pitfalls (and How to Avoid Them)

Vague budgets → Provide specific line items with receipts/quotes.
No proof of demand → Keep dated written demand and delivery proof.
Ignoring barangay when required → You’ll be dismissed for lack of cause of action; know the exemptions.
Overclaiming → Ask for what is reasonable and “indispensable,” not luxuries.
Relying solely on cash gifts → Secure a written, notarized Support Agreement.
Letting arrears pile up → Seek provisional support and execution promptly.

13) Quick Reference: Step-By-Step

Assemble evidence (Section 5).
Send written demand with itemized budget (keep proof).
Barangay conciliation if required; secure Certification if failed.
File Petition for Support in the Family Court with a motion for provisional support.
Push for disclosure of income (subpoenas), attend mediation/JDR, and prepare for trial if needed.
Enforce via garnishment/execution; modify when circumstances change.

14) Simple Budget Worksheet (you can reuse)

Tuition & Mandatory Fees: ₱_____ / month (annual ÷ 12)
School Supplies/Uniform/PE: ₱_____ / month
Transportation: ₱_____ / month
Food/Groceries Share: ₱_____ / month
Rent/Utilities/Internet Share: ₱_____ / month
Medical/Medicines/Therapy: ₱_____ / month
Miscellaneous/Contingency: ₱_____ / month Total Monthly Support Needed: ₱_____

Final Notes

Put the child’s needs at the center and document everything.
If safety is a concern, prioritize protection orders and ask the court for interim support as soon as practicable.
Once you have a support order, track payments and follow up on arrears promptly.

If you’d like, tell me your situation (ages, school costs, where each party lives, and any proof of income you have) and I’ll draft a tailored demand letter and court petition checklist for you.