How to File a Child‑Support Case Against the Father in the Philippines
(A step‑by‑step legal guide for mothers, guardians and caregivers)
Quick glance:
- Know the law – Family Code, RA 9262, Family Courts Act, and the Supreme Court’s Rule on Support.
- Try barangay mediation first (unless violence is involved).
- Prepare your documents – child’s birth certificate, proof of filiation or paternity, and evidence of the father’s means.
- File a verified Petition for Support in the proper Family Court (RTC).
- Ask for provisional support while the case is pending.
- Enforce the final order through wage garnishment, levy, or contempt.
- Optional: Pursue criminal liability for economic abuse under RA 9262 if the father still refuses to pay.
1. Governing Laws & Principles
| Source | Key points you must know |
|---|---|
| Family Code of the Philippines (Arts. 194‑208) | • Both parents are solidarily liable for support. • Support covers food, shelter, clothing, medical care, education, transportation, even internet if schooling requires it. • Amount is proportional to the child’s needs and the parent’s resources. |
| Republic Act 9262 (Anti‑Violence Against Women & Their Children Act) | • “Economic abuse” includes withholding support. • You may file criminal charges or ask for a Protection Order that compels the father to pay. |
| Republic Act 8369 (Family Courts Act) | • Regional Trial Courts sitting as Family Courts have exclusive original jurisdiction over petitions for child support. |
| Supreme Court A.M. No. 12‑11‑11‑SC (Rule on Support, 2013) | • Simplifies and speeds up support cases. • Allows summary hearings and provisional support orders within 30 days from filing. |
| Barangay Justice System (RA 7160, Katarungang Pambarangay) | • Compulsory conciliation for residents of the same barangay unless violence, threats, or different cities/provinces apply. |
2. Who May File & When
| Eligible Petitioner | When to File |
|---|---|
| Mother or father (if suing the other parent) | Anytime the child needs support, even during pregnancy (pre‑natal and delivery expenses are covered). |
| Legal guardian, ascendant, or foster parent | If the child lives with you and the biological father is not providing adequate support. |
| Child (18‑21) | May sue in his/her own name for continuing educational support while still studying or training for a profession. |
Prescription: The right to demand support does not prescribe (Art. 203, Family Code), but retroactive support can only be collected from the date of judicial or extrajudicial demand (e.g., a demand letter).
3. Pre‑Filing Requirements
Barangay Mediation (Lupon) Not required if:
- The parties live in different barangays, cities, or provinces.
- There is violence or a real threat of violence.
- One party is a government employee acting in official capacity.
Outcome:
- Amicable settlement → write it down, notarize, have it approved by the Lupon Chairman; it becomes enforceable like a court judgment.
- Failure to settle → secure a Certificate to File Action (CFA) within 15 days.
Document Checklist
- PSA‑issued birth certificate of the child.
- Proof of paternity/filiation (birth certificate naming the father; acknowledgement in the Registry of Births; affidavits; photos; messages; DNA test if contested).
- Proof of child’s expenses: tuition, school IDs, medical receipts, grocery lists, utility bills.
- Proof of the father’s income or assets: payslips, BIR returns, business permits, social‑media posts indicating lifestyle, land titles (if publicly available), affidavits of witnesses.
4. Where & How to File the Case
| Step | Explanation |
|---|---|
| 1. Draft a Verified Petition for Support | Must be under oath; include personal circumstances, facts establishing paternity, detailed list of monthly expenses, and a prayer for support pendente lite. |
| 2. File in the proper venue | File with the Family Court of: (a) the child’s residence or (b) the father’s residence (your choice, Art. 213, Family Code & Rule on Support). |
| 3. Pay docket fees | Indigent litigants may file a pauper’s affidavit and avail of PAO assistance to waive fees. |
| 4. Serve Summons & Notice | Clerk of Court issues summons; personal service or substituted service if evasive. |
| 5. Preliminary Conference & Mediation | Court will schedule within 15 days; judge may issue interim support order on the spot. |
| 6. Summary Hearing | Parties submit affidavits in lieu of direct testimony; cross‑examination is limited. |
| 7. Decision | The court fixes the monthly support, retroactive to the date of demand, and may index it to the CPI or order percentage of income. |
Provisional Support (Art. 64, Rule on Support) Within 30 days from filing, the court may require the father to deposit a reasonable amount or allow wage withholding pendente lite pending final judgment.
5. How the Court Computes Support
Although there is no rigid formula (unlike U.S. guidelines), courts commonly weigh:
- Actual monthly needs of the child – itemized budget.
- Standard of living prior to separation.
- Father’s net disposable income – gross income minus mandatory deductions (SSS, PhilHealth, Pag‑IBIG, taxes).
- Number of dependents being supported.
- Inflation and cost‑of‑living in the locality.
A 10‑20 % of net income per child is a rule of thumb, but judges may deviate.
6. Enforcement Tools if the Father Defaults
| Remedy | Mechanics |
|---|---|
| Writ of Execution / Garnishment | Directs the employer or bank to remit the amount monthly. |
| Income Withholding Order | Similar to garnishment but prospective; HR must deduct from salary. |
| Levy/Sheriff Sale | Seizure of non‑exempt properties (vehicles, land, shares). |
| Contempt of Court | Imprisonment or fines until compliance. |
| Hold‑Departure Order (HDO) | Prevents father from leaving PH until arrears are posted as bond. |
| Criminal Prosecution under RA 9262 | Penalty: Prisión Correccional (6 mos‑6 yrs) & fine + mandatory support as civil liability. |
7. Special Scenarios
| Situation | Practical notes |
|---|---|
| Father works abroad (OFW) | • Serve summons via DFA, POEA, or last known Philippine address. • Garnish allotment at the manning agency or foreign employer under POEA contract. |
| Paternity is denied | • File a Petition to Compel Recognition & Support and ask for DNA testing (SC Admin. Matter No. 06‑11‑5). |
| Father is a minor | • His parents (child’s grandparents) are subsidiarily liable (Art. 199). |
| Child has disabilities | • Support continues beyond 21 if the child cannot support himself. |
| Change of circumstances | • Either party may file a Petition to Increase/Reduce Support anytime (Art. 202). |
8. Legal Aid & Practical Tips
- Public Attorney’s Office (PAO) – Free representation for indigent clients.
- Integrated Bar of the Philippines (IBP) legal aid – For low‑income litigants.
- DSWD, WCPD, and LGU Gender & Development desks – Social workers can help prepare affidavits and budget breakdowns.
- Keep meticulous records – Receipts, screenshots, and correspondence are powerful exhibits.
- Act promptly – While support can’t prescribe, the retroactivity of monetary awards is tied to your first formal demand.
9. Frequently Asked Questions (FAQs)
| Question | Short Answer |
|---|---|
| Can I demand lump‑sum back support for many years? | Only from date of first demand (written demand, barangay complaint, or filing in court). |
| Is informal cash or GCash transfer counted? | Yes; courts credit any bona‑fide support already given. |
| Can we settle out of court after filing? | Yes. File a Compromise Agreement; the judge will adopt it as a judgment if it protects the child’s interests. |
| What if the father resigns to avoid wage garnishment? | File a motion for Contempt and trace assets; quitting work does not extinguish the obligation. |
| May I move abroad with the child while the case is pending? | Seek the court’s leave; unilateral relocation may affect custody issues but not the child’s right to support. |
10. Key Takeaways
- Support is a child’s right, not a mother’s favor to ask.
- Court proceedings have been streamlined—summary hearings, affidavits in lieu of testimony, and quick provisional orders.
- Non‑payment can be both a civil and a criminal matter.
- Gather evidence early—paternity, income, and expenses.
- Engage the barangay and social services first if safe, but do not hesitate to litigate; Family Courts are mandated to prioritize children’s cases.
This guide provides general information and is not a substitute for personalized legal advice. Circumstances vary; always consult a licensed Philippine lawyer or the Public Attorney’s Office for assistance in your specific case.