In the Philippines, the obligation to provide child support is a fundamental mandate rooted in the Family Code. A recurring challenge for many mothers seeking support is the "insufficient income" defense—a claim by the father that he lacks the financial capacity to provide, often supported by a lack of formal employment or low-declared earnings.

However, under Philippine law, parental support is not a voluntary act but a legal necessity that remains even in the face of financial hardship.

1. The Legal Foundation of Support

Under Article 194 of the Family Code, support (sustento) comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.

The amount of support is governed by Article 201, which establishes a balancing test:

The necessities of the recipient (the child).
The resources or means of the giver (the father).

It is a common misconception that if a father has "no income," he has "no obligation." The law looks at the father's capacity, not just his current liquid cash.

2. Challenging the "Insufficient Income" Defense

When a father claims he cannot pay, the court does not simply take his word for it. The legal strategy to counter this involves several layers of verification.

Capacity vs. Actual Income

Jurisprudence suggests that "means" refers to the parent's overall ability to provide. If a father is able-bodied and capable of working, he cannot use voluntary unemployment or underemployment as a shield. The court can determine a reasonable amount based on his educational background, previous employment history, and physical health.

The Lifestyle Check

If a father claims indigence but maintains a lifestyle inconsistent with that claim (e.g., owning a vehicle, frequent travel, or active social media posts showing discretionary spending), this evidence can be presented to the court to impeach his credibility.

Proof of Assets

Income is only one part of "means." The court can look into:

Real Properties: Land or houses registered in his name.
Personal Property: Vehicles, businesses, or investments.
Bank Records: Through court-subpoenaed records if necessary.

3. The Judicial Process

Filing for support follows a specific procedural path in the Philippine justice system.

Step 1: Demand Letter

Before filing in court, it is often required to send a formal, written demand for support. This establishes that the father has been notified of the need and has refused or failed to comply.

Step 2: Mediation

If the parties are not married or are in the process of legal separation, they may be required to undergo mediation through the Lupong Tagapamayapa (Barangay) or the Philippine Mediation Center (PMC) once a case is filed.

Step 3: Filing the Petition for Support

The petition is filed in the Regional Trial Court (Family Court) where the child resides.

Step 4: Support Pendente Lite (Immediate Support)

One of the most critical tools for a petitioner is the application for Support Pendente Lite (support during the pendency of the case). Recognizing that a child cannot wait for a final judgment (which may take years) to eat or go to school, the court can issue a provisional order for support within days or weeks of the initial filing.

4. Support under R.A. 9262 (VAWC)

If the father’s refusal to provide support is willful and intended to exert pressure or inflict suffering on the mother and child, it may fall under Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act).

Economic Abuse: Depriving the woman or her children of financial support which they are legally entitled to is a form of violence.
Protection Orders: A woman can apply for a Temporary Protection Order (TPO) or Permanent Protection Order (PPO) which includes a provision for immediate support.
Criminal Liability: Unlike a purely civil case for support, a VAWC case can lead to imprisonment for the father.

5. Enforcement Mechanisms

If the court orders support and the father still refuses to pay citing "insufficient funds," the law provides several remedies:

Garnishment of Wages: The court can order the father's employer to deduct the support amount directly from his salary and remit it to the mother.
Lien on Property: A legal claim can be placed on his assets.
Contempt of Court: Continued refusal to follow a court order for support can result in the father being cited for contempt, leading to fines or imprisonment.
Hold Departure Order: In certain cases, the court may prevent the father from leaving the country until his obligations are met.

6. Summary of Evidence Needed

To win a case where the father claims poverty, the mother should gather:

Child’s Birth Certificate: To prove filiation (the legal relationship).
Itemized List of Expenses: Including receipts for tuition, food, medical check-ups, and rent.
Evidence of the Father’s Potential: Previous payslips, LinkedIn profiles, or evidence of his professional licenses (e.g., PRC ID).
Evidence of Lifestyle: Screenshots of social media posts or witnesses who can testify to his spending habits.