This is general legal information about Philippine procedure and doctrine on child support. It isn’t a substitute for tailored advice from a lawyer or the Public Attorney’s Office (PAO).

1) The Legal Basics

What “support” means. Under the Family Code, support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education (including schooling-related expenses), and transportation—commensurate to the family’s social and economic standing.

Who must give support. Parents are primarily obliged to support their children—legitimate or illegitimate—based on two variables:

the child’s reasonable needs; and
the parent’s financial capacity. If the obligated parent truly cannot pay in full, courts can apportion or reduce support; if capacity improves or needs increase, support may be increased later.

When support starts and accrues. The right to support exists from the time of need, but amounts become demandable only from an extrajudicial or judicial demand. Practically, this is why sending a demand letter matters (see §4).

Non-waiver. Future support cannot be waived or sold. Arrears that have already accrued may be compromised or set off in limited situations, but courts closely scrutinize such agreements if they prejudice the child.

Illegitimate children. They have the same right to support. If paternity is contested, recognition (voluntary or judicial, including DNA evidence) may be required before a final support order.

Economic abuse. Intentionally depriving a woman or her children of financial support can constitute economic abuse under the Anti-VAWC law and may justify a Protection Order that includes temporary support.

2) Where to File & What Case to Bring

A. Petition for Support (Civil)

Court: Family Court (designated RTC).
Venue: Where the child or the respondent resides (choose what is convenient for the child).
Relief: A final support order and provisional support pendente lite (temporary support while the case is ongoing).

Why this route: It directly targets a standing, adjustable support order, enforceable through execution and contempt.

B. Protection Orders under Anti-VAWC (If applicable)

Who may file: The woman (against a spouse/partner/former partner) for herself and/or her children.
Where: Barangay (for BPO), Municipal Trial Court/RTC, or Family Court (for TPO/PPO).
Relief: Can include immediate support even on an ex parte basis (particularly in Temporary Protection Orders).

When to choose: There’s a qualifying intimate relationship and there is violence or economic abuse. This can be faster for interim support.

C. Barangay Katarungang Pambarangay (Amicable Settlement)

When available: If parties live in the same city/municipality and the dispute isn’t excluded (e.g., VAWC cases are excluded).
Output: A Barangay Settlement/Agreement which, once notarized or approved, can be enforced like a court judgment.

Use case: Low-conflict situations where parents can settle quickly; you may still seek a court order if the settlement fails or is violated.

3) Step-by-Step: Standard Court Route

Consult & Assess
- Identify the obligated parent, income sources, and the child’s monthly needs.
- If paternity isn’t admitted, plan for DNA or documentary proof (e.g., birth certificate with acknowledgment; records of continuous support; communications).
Send a Formal Demand Letter (extrajudicial demand)
- Itemize the child’s needs and a proposed monthly amount; give a deadline to respond.
- Keep proof of dispatch and receipt. This helps accrual and shows good faith.
Prepare the Petition for Support
- Core allegations: filiation (parent-child relationship), needs of the child, and respondent’s means.
- Prayer: (a) provisional support pendente lite; (b) a final monthly amount; (c) automatic cost-of-living adjustments if warranted; (d) income withholding/garnishment if the respondent is employed; and (e) attorney’s fees/costs where appropriate.
File in the Family Court
- Attachments (see §6) and pay filing fees (or apply as indigent litigant to be exempt).
- The case will usually go through referral to mediation and Judicial Dispute Resolution (JDR) ahead of trial.
Seek Provisional Support
- Courts may grant temporary monthly support quickly on affidavits/receipts while the case proceeds.
- Ask the court to direct the employer or bank to deduct and remit.
Discovery & Evidence
- Child’s needs: receipts, school assessments, medical records, budgets.
- Parent’s means: payslips, ITRs, business permits, bank records, lifestyle evidence (vehicles, property, travel).
- Filiation (if disputed): birth certificate, admission of paternity, photos/messages, DNA testing (the court can order DNA under the Rule on DNA Evidence).
Hearing & Order
- The court fixes an amount and payment schedule (usually monthly), and may order COLA/indexing or percentage-of-income structures when appropriate.
Enforcement
- Writ of execution with garnishment of salary/commission/bonuses;
- Levy on non-exempt property;
- Indirect contempt for willful non-compliance;
- Employer directives to withhold and remit.
- If the respondent is overseas or assets are abroad, consider recognition/enforcement of judgments in the destination country (coordinate with counsel there).

4) The Demand Letter (Why and How)

Purpose: Triggers accrual of support; sets a negotiation baseline; shows reasonableness.
Contents: (a) child identification; (b) itemized monthly needs; (c) proposed amount and due date; (d) bank details for deposit; (e) request for payslips/ITR; (f) meeting/mediation proposal.
Tone: Firm but solution-oriented; attach receipts and a budget.
Service: Courier/email/messenger with proof of delivery.

5) If Paternity Is Disputed

Paths to proof:
- Voluntary acknowledgment: Affidavit of Admission of Paternity; father’s signature on the birth certificate; authenticated private writings or consistent conduct.
- Judicial recognition: File an action for compulsory recognition with support, or ask the Family Court to resolve filiation incidentally in the support case.
- DNA testing: Courts may order DNA on motion upon a showing of relevance and proper safeguards.
Interim support anyway? Courts can still grant provisional support if there is strong prima facie proof of paternity and urgent need, subject to later adjustment.

6) Evidence & Documents Checklist

Identity & filiation

PSA birth certificate of the child (and any acknowledgment documents).
Marriage certificate (if applicable).
Photos/messages/letters; prior remittances; sworn statements from persons with knowledge.

Child’s needs

School assessment/tuition; supplies; transport; food budget; rent/mortgage share; utilities; medical and insurance; extracurriculars; caregiver/nanny costs.

Respondent’s means

Payslips; Certificates of Employment/Compensation; Income Tax Returns; bank statements; proof of business ownership; social media/business listings; property tax declarations; LTO/Land titles; travel records.

Procedural

Demand letter + proof of receipt.
Affidavits of witnesses.
If claiming VAWC relief: incident reports, medical/legal certificates, prior protection orders, and evidence of economic abuse.

7) How Courts Calculate the Amount

There’s no rigid formula or national guideline table. Courts balance:

Needs of the child (actual, reasonable, and foreseeable—education and healthcare weigh heavily);
Standard of living the child would have enjoyed if supported;
Payor’s capacity (income, earning potential, assets, and dependents);
Equity factors (existing obligations, good or bad faith, history of support).

Practical outcomes courts often use

A fixed monthly sum plus specific shares of variable expenses (e.g., 50% of tuition and medical bills).
Percentage of income where pay is variable (sales/commissions/bonuses).
Automatic deductions by the employer and remittance to the custodial parent’s bank account.
Cost-of-living adjustments or review dates (e.g., annual adjustment upon proof).

Retroactive support. Courts frequently award from the date of extrajudicial demand or filing, not from birth (unless previously agreed or ordered).

8) Special Situations

OFW or foreign-based parent. File in the Philippine Family Court if it has jurisdiction (residence/acts in the Philippines or as provided by procedural rules). Service may require extraterritorial service; enforcement abroad may need recognition under the foreign country’s rules.

Self-employed/business owners. If payslips/ITR are lacking, courts accept circumstantial proof (lifestyle, assets, bank inflows). Ask for subpoenas to BIR, banks, or third parties.

Multiple families/children. Courts allocate support across dependents; the duty to each child remains, but amounts reflect total capacity and fairness.

Non-payment after order. Use execution, garnishment, levy, and contempt. Significant or malicious non-payment may expose the parent to criminal or administrative exposure (e.g., as economic abuse under VAWC, or child abuse if deprivation results in neglect).

9) Timelines & Process Tips

Provisional support can be obtained early (weeks, sometimes faster in VAWC TPOs).
Final orders take longer—expect mediation and JDR first.
Always update the court if circumstances change (job loss, new special needs).
Keep a ledger of payments and receipts for easy enforcement and future adjustments.

10) Costs, Fees, and Where to Get Help

Filing fees: Vary by court and claim; indigents can be exempt.
Lawyers: Private counsel or PAO (for those who qualify financially).
Government & social support: Local Social Welfare and Development Offices (LSWDO), DSWD programs, solo parent benefits (separate from child support but can help), barangay assistance, and school scholarships.
Mediation fees: Often modest; court-annexed mediation may be subsidized.

11) Settlement Agreements (Do’s & Don’ts)

Good settlement features

Clear monthly amount and due date;
Allocation for variable expenses (tuition/medical) with receipts and reimbursement timelines;
Deposit/transfer details;
Annual review or COLA clause;
Compliance mechanisms (salary deduction, penalty for late payment, escalation to court).

Red flags

Waiver of future support (void);
Amounts drastically below minimum needs without justification;
No enforcement mechanism or proof requirements.

12) Quick Templates (Plain-Language Starters)

A. Demand Letter (outline)

Parties and child identification (name, birth details).
Legal basis: parental duty of support.
Itemized monthly budget (attach receipts).
Proposed monthly amount and payment details.
Deadline (e.g., 10 calendar days) and offer to meet/mediate.
Reservation to file in Family Court and seek provisional support.

B. Petition for Support (key allegations)

Filiation and circumstances of the relationship;
The child’s current and foreseeable needs;
Respondent’s income/assets (with supporting docs or the need for discovery);
Prayer for provisional support, final support, employer withholding, and execution remedies.

13) FAQs

Q: Can I get support without suing? Yes—via a written settlement (preferably notarized or with barangay confirmation). Still send a demand letter first.

Q: Can support be paid in kind? Courts prefer cash for predictability, but may allow in-kind components (e.g., paying tuition directly) plus a cash allowance.

Q: What if he/she pays sporadically? Keep records. Ask the court for automatic payroll deduction and penalties for late payment.

Q: Will the child’s surname or legitimacy affect support? No—every child is entitled to support. Surname/legitimacy mainly affect custody and inheritance, not the support obligation.

Q: Is support taxable? No—support is not income to the recipient; it’s a legal obligation.

14) Action Plan You Can Use Today

List the child’s monthly needs with receipts.
Draft and send a formal demand (keep proof).
If unsafe or there is abuse, seek a Protection Order immediately for temporary support.
File a Petition for Support in the Family Court with a motion for provisional support.
Prepare for evidence on both needs and means, including options for DNA if paternity is disputed.
Push for employer withholding and clear enforcement terms in any order or settlement.
Revisit the amount annually or when circumstances change.

If you’d like, tell me your situation (who/where the parties are, what documentation you have, rough monthly budget, and whether there’s any abuse or safety concern). I can draft a demand letter and a court-ready checklist tailored to you.