In the Philippines, the right of a child to receive support is an enforceable legal mandate. Under the Family Code of the Philippines, support (sustento) is not merely a moral obligation but a statutory requirement that parents must fulfill regardless of their relationship status or the legitimacy of the child.

1. The Legal Basis for Support

The primary governing law is Title VIII of the Family Code (Articles 194 to 208). Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

The obligation to provide support is mutual between parents and their children. However, in the context of a legal complaint, it usually involves a custodial parent seeking compulsory support from a non-custodial parent.

2. Who is Entitled to Support?

Under Philippine law, the following are entitled to receive support:

Legitimate Children: Children born during a valid marriage.
Illegitimate Children: Children born outside of a valid marriage. Note that for illegitimate children, the father's name must appear on the Birth Certificate, or he must have signed a Statement of Admission of Paternity to establish the legal obligation easily. If not, a Petition for Recognition/Acknowledgment must be filed alongside the support claim.
Legally Adopted Children.

3. The Components of Support

Legal support is comprehensive and covers:

Food/Sustenance: Nutritional needs.
Housing: A roof over the child's head.
Clothing: Basic wearing apparel.
Medical Attendance: Check-ups, medicines, and hospitalizations.
Education: Includes tuition and school-related expenses, even if the child is already of age, provided they are still pursuing their education.
Transportation: Costs for commuting to school or medical facilities.

4. The Principle of "Proportionate Amount"

The amount of support is never fixed by law. It is governed by two main factors:

The Needs of the Recipient: What does the child actually require to live a dignified life?
The Means of the Giver: How much can the parent realistically afford?

Because these factors fluctuate (e.g., a parent gets a promotion or the child enters college), an order for support is never final. It can be increased or decreased by the court at any time through a motion for modification.

5. The Procedural Roadmap: How to File

Step 1: The Formal Demand

Before heading to court, the law generally requires a formal demand. It is best to send a Demand Letter via registered mail. This serves as proof that the parent was given a chance to provide support voluntarily but failed to do so.

Step 2: Barangay Conciliation (Optional but Recommended)

For most civil cases, the Katarungang Pambarangay Law requires mediation. However, in urgent cases involving support, you may file a petition directly in court, especially if "Support Pendente Lite" (immediate support) is needed.

Step 3: Filing the Petition

You must file a Verified Petition for Support in the Regional Trial Court (Family Court) where either the child or the respondent resides.

Documentary Requirements:
- Child’s PSA Birth Certificate.
- Marriage Certificate (if applicable).
- Proof of the parent's income (if available).
- A list of the child’s estimated monthly expenses.

Step 4: Support Pendente Lite

Legal cases in the Philippines can take years. To ensure the child does not suffer in the meantime, you can ask the court for Support Pendente Lite. This is a provisional order that compels the parent to start paying a certain amount while the main case is still being heard.

6. Enforcement and Non-Compliance

If a parent refuses to pay despite a court order, the law provides several remedies:

Execution of Judgment: The court can order the sheriff to garnish the parent's bank accounts or seize properties to cover the unpaid support.
Direct Withholding (Garnishment of Wages): The court can order the parent’s employer to deduct the support amount directly from their salary and remit it to the custodial parent.
Contempt of Court: A parent who willfully defies a support order can be cited for indirect contempt, which may result in fines or imprisonment.
Criminal Liability (R.A. 9262): Under the Anti-Violence Against Women and Their Children Act, the "willful denial of financial support" is considered a form of economic abuse. This can lead to criminal charges, which carry much heavier penalties, including jail time.

7. Important Considerations

No Waiver of Support: A parent cannot "waive" the right to child support in an agreement. Any contract where a mother agrees never to ask for support in exchange for something else is considered void as it is against public policy.
Retroactivity: Support is generally due from the time the extrajudicial or judicial demand is made.
Public Attorney’s Office (PAO): If the custodial parent is indigent, they may seek the free services of the PAO to file the case.