In the Philippines, the right of a child to receive support is a fundamental legal entitlement, grounded in the principle that the "best interests of the child" are paramount. Support (sustento) comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

The Legal Basis for Support

Under the Family Code of the Philippines, parents have a joint obligation to support their children. This obligation is not contingent upon the parents being married. Both legitimate and illegitimate children are entitled to support from their parents.

Legitimate Children: Entitled to support from both parents.
Illegitimate Children: Entitled to support from the mother and the father, provided paternity is legally established (e.g., through an admission in a public document or a private handwritten instrument signed by the father).

How to File for Child Support

The process for securing child support typically follows these stages:

1. Demand for Support

The legal obligation to provide support arises from the moment it is needed, but it is payable only from the date of judicial or extrajudicial demand. It is advisable to send a Formal Demand Letter via registered mail to the other parent, specifying the amount requested based on the child’s needs.

2. Barangay Conciliation

If the parties reside in the same city or municipality, the case may undergo mediation at the Lupong Tagapamayapa (Barangay level). If a settlement is reached, it has the force and effect of a court decision after 15 days, provided it is not repudiated. If no agreement is reached, a "Certificate to File Action" will be issued.

3. Filing a Petition in Court

If mediation fails, a Petition for Support must be filed in the Regional Trial Court (Family Court) where the minor or the petitioner resides.

Support Pendente Lite: During the pendency of the case, the petitioner can move for "Support Pendente Lite," which asks the court to order immediate, temporary support while the main case is being heard.

Determining the Amount of Support

There is no fixed "table" or percentage for child support in the Philippines. The amount is determined based on two variables:

The Needs of the Recipient: The actual expenses for food, school fees, utilities, and medical care.
The Means of the Giver: The income, assets, and financial capabilities of the parent obligated to give support.

Support is never final; it can be increased or decreased by the court depending on changes in the child’s needs or the parent’s financial status.

Legal Remedies for Non-Payment

If a parent refuses to pay despite a court order or a legal obligation, the following remedies are available:

1. Motion for Execution

If there is already a court order, the petitioner can file a Motion for Execution. The court will issue a Writ of Execution, which allows a sheriff to garnish the wages of the erring parent or attach their properties to satisfy the support arrears.

2. Criminal Prosecution under R.A. 9262

The Anti-Violence Against Women and Their Children Act of 2004 (R.A. 9262) classifies the willful refusal to provide financial support as a form of Economic Abuse.

Depriving a woman or her child of financial support that they are legally entitled to is a criminal offense.
Penalty: Imprisonment (Prision Mayor) and a fine ranging from ₱100,000 to ₱300,000.
Protection Order: The court can issue a Permanent Protection Order (PPO) which may include a "mandatory salary deduction" where the employer is ordered to automatically remit the support amount to the mother/child.

3. Criminal Prosecution under R.A. 7610

The Special Protection of Children Against Abuse, Exploitation and Discrimination Act can also be invoked if the non-support amounts to child abuse or neglect that endangers the child's development.

4. Civil Contempt

A parent who willfully defies a court order to pay support can be held in Contempt of Court. This can lead to imprisonment until the parent complies with the order.

Key Considerations

Prescription: The right to claim future support cannot be waived or renounced. However, the right to claim arrears (past unpaid support) can prescribe.
Paternity Issues: If the father denies paternity of an illegitimate child, the petitioner must first prove filiation through DNA testing or other competent evidence before support can be legally mandated.
Compromise: While the right to support cannot be the subject of a compromise, the amount of support can be agreed upon by both parties.