This guide explains who can claim child support, where and how to file, what to prepare, how amounts are determined, and how to enforce orders—plus special scenarios (unmarried parents, OFWs, abuse cases). It’s informational and not a substitute for advice from a lawyer or the Public Attorney’s Office (PAO).

1) Legal foundations (what “support” means)

Support is a legal duty. Parents must support their children—legitimate or illegitimate—covering necessities consistent with the family’s means: food, housing, clothing, medical/dental care, education (including transportation and reasonable school-related costs), and other essentials appropriate to the child’s station in life.
Who is obliged? Primarily the parents. If a parent truly cannot pay, certain relatives in the direct line (e.g., grandparents) may be subsidiarily liable by law.
When does support start/end? It is owed from the time the need arises and continues while the need and the obligor’s means exist. Past-due support (arrears) may be collected; future support continues month to month.
Adjustable amount. Courts can increase, reduce, suspend, or terminate support based on changes in the child’s needs and the payor’s resources.
Filiation matters. If paternity/maternity is disputed (commonly in cases involving an unmarried father), the court may need to determine filiation/acknowledgment first or alongside the support claim (DNA evidence can be ordered).

2) Where to start (practical pathways)

You can pursue child support through any of these routes, often in this order:

A. Private settlement (fastest if both sides cooperate)

Send a written demand proposing a monthly amount (with a breakdown of child needs) and asking for proof of the other parent’s income.
If you agree, sign a Notarized Support Agreement (include amount, due date, bank details, annual cost-of-living review, sharing of unusual medical or school expenses, and default/late-payment terms).
You may elevate it to a court-recognized compromise (so it’s directly enforceable like a judgment).

B. Barangay Justice (Katarungang Pambarangay)

If both parties reside in the same city/municipality, many cases require barangay conciliation before filing in court.
If you reach an Amicable Settlement before the Lupon, it becomes binding and enforceable (after the 10-day repudiation period).
Exceptions: Cases involving violence against women and their children (VAWC) or parties living in different cities/municipalities typically skip barangay conciliation and go straight to court.

C. Protection orders in abuse cases (RA 9262)

If there is economic abuse or other VAWC acts, you may seek a Temporary/Protection Order from the court that can include child support and other safeguards. Barangay Protection Orders address immediate restraints; courts handle support terms.

D. Family Court petition (main route when there’s no agreement)

File a Petition for Support (or Recognition and Support if filiation is contested) in the Family Court (designated Regional Trial Court) where you or the child resides.
Ask for support pendente lite (interim support) so payments start while the case is pending.

3) Step-by-step: Filing a Petition for Support

Assess and draft.
- Identify the obligor (usually the other parent).
- Compute the monthly need (see Section 4).
- If unmarried and paternity is denied, include a prayer for compulsory recognition (attach proof of filiation).
Prepare documents (see Section 6 for a full checklist).
Venue & filing.
- Family Court of your or your child’s residence.
- If required, attach a Certification to File Action from the barangay (showing conciliation failed or is inapplicable).
Pay docket fees (or apply as an indigent litigant to have fees waived/reduced; PAO may represent qualified clients free).
Ask for interim relief.
- File a Motion for Support Pendente Lite with proposed amount and basis (budgets/receipts; proof of the other parent’s income).
- Courts often set this quickly; orders are immediately executory and can be garnished if unpaid.
Service of summons on the respondent.
Pre-trial/mediation (court-annexed). Many cases settle here with a judicially approved compromise.
Trial (if needed).
- Prove: child’s needs; respondent’s capacity; filiation (if at issue).
- Court issues a Decision fixing monthly support, shares for special expenses, and payment mode.
Enforcement (see Section 7).
Modification. Either party may later seek to increase/decrease support upon proof of changed needs or means.

4) How courts estimate the amount

Courts aim for fairness:

Child’s reasonable needs (itemized) ÷
Parents’ combined means, with primary liability on the respondent and consideration of other legal dependents.

Practical tips:

Provide a line-item budget: tuition, books, uniforms, meals, rent/apportionment of utilities, transport, medical/insurance, extracurriculars, phone/data (if age-appropriate), childcare, and a small contingency.
Include one-off/irregular costs (enrollment fees, gadgets required by school) and propose how to split them (e.g., 50/50 upon proof).
Avoid relying on “rules of thumb” (e.g., fixed % of income). The law uses needs vs. means, not a fixed formula.
If income is hidden or irregular, ask the court to impute income from lifestyle, bank records, BIR data, employment history, or typical industry pay.

5) Special case: Unmarried parents & disputed paternity

If acknowledged: A birth certificate signed by the father, an Affidavit of Acknowledgment/Admission of Paternity, or consistent acts of recognition can suffice.
If unacknowledged/contested: You may file for Recognition and Support together; the court can order DNA testing and accept other proof (photos, messages, remittances, affidavits, cohabitation).
Surname rules (separate from support): Using the father’s surname requires acknowledgment and compliance with civil registry rules; it does not control the support duty (support can be ordered even if the child uses the mother’s surname).

6) What to prepare (documents & evidence)

Identity & filiation

Child’s PSA birth certificate (and CENOMAR/marriage certificate if relevant).
Any acknowledgment documents, photos, messages, remittance slips, school records naming the father, etc.
For disputed paternity: evidence supporting filiation; request for DNA if necessary.

Needs & expenses

Itemized budget with supporting receipts/bills (tuition, school supplies, transport, rent/utilities share, food, healthcare, medication, therapy, insurance, extracurriculars).

Capacity to pay

Pay slips, contracts, BIR ITR/2316, bank statements (if available), business registrations, social media posts or lifestyle evidence, vehicles, property records, or testimony showing earning capacity.
For OFWs/seafarers: POEA/ship contracts, remittance patterns.

Procedure

Demand letter (for arrears retroactivity and good-faith record).
Barangay documents (if applicable): complaint, minutes, or Certification to File Action.
Draft Petition and Motion for Support Pendente Lite with proposed computation.
Proof of indigency for PAO/fee waiver if needed.

7) How to enforce support

Writ of execution/garnishment: Salary, bank accounts, receivables; courts may direct employers to withhold and remit.
Contempt: For willful non-compliance with a court order.
Liens/levy: On non-exempt property for arrears.
VAWC route: If the facts qualify (e.g., economic abuse), non-payment in violation of a protection order can have criminal consequences.
For OFWs/seafarers: Serve employer/agency; request allotment orders or garnishment of allotments; use remittance histories and contracts to track income.
Inter-agency assistance: The court may request help from government agencies to locate employers/income.

8) Common defenses—and how they’re handled

“I can’t afford it.” The court tests this against evidence; support may be reduced but not eliminated if any capacity exists.
“The child doesn’t need that much.” Provide detailed receipts and school/medical requirements.
“Not my child.” Court may require DNA or other filiation proof; if paternity is established, support follows.
“I already have another family.” The law recognizes other dependents, but prior support duties remain; the amount is apportioned, not erased.
“No formal job.” Courts can impute income from skills, assets, and lifestyle.

9) Timelines, retroactivity, and changes

Retroactivity: While support is owed from need, collectibility of arrears generally runs from judicial or extra-judicial demand (e.g., your demand letter date). Always send a dated demand before filing.
Interim support: You can receive pendente lite support while the case is pending.
Modification: Either party can seek adjustment when needs or means change (e.g., new school level, job loss/promotion, medical conditions).

10) Costs and help available

Court fees: Payable upon filing; may be waived for indigents.
Lawyers: PAO represents qualified clients free of charge; law school legal aid clinics and NGOs can assist.
Mediation: Court-annexed mediation is standard and often produces enforceable compromises.
Security: In sensitive cases, ask the court to withhold your address from pleadings and to allow sealed filings or protective measures.

11) Templates (plain-language skeletons)

A. Demand Letter (summary)

Parties & child details
Legal basis for support
Itemized monthly needs + proposed amount and bank details
Request for income documents within 7–10 days
Statement that you’ll file if no response

B. Budget Worksheet (monthly)

Education (tuition, books, uniforms, fees, transport)
Housing apportionment (rent/utilities share)
Food/groceries proportionate to child
Medical/dental/therapy/insurance
Clothing/toiletries
Communications (if applicable)
Childcare/after-school care
Extracurriculars
Irregular/annual items (enrollment, device, field trips) amortized monthly
Contingency (modest)

C. Motion for Support Pendente Lite (key points)

Brief facts, filiation basis
Child’s needs breakdown with exhibits (receipts)
Respondent’s capacity exhibits (pay slips/ITR/contract/social media/business)
Proposed amount, payment schedule, and bank/GCash details
Prayer for immediate execution and, if needed, garnishment through employer

12) FAQs

Can we agree on in-kind support only? Courts prefer cash for predictable needs; in-kind can supplement if clearly defined.
Is support taxable? Generally not income to the child; it’s a legal obligation, not compensation.
Can support cover a caregiver or therapy? Yes, if reasonably required for the child’s welfare.
Can the court backdate support years before filing? Arrears typically count from demand (judicial or extra-judicial). Send that demand letter early.
Can I move to a different city and still file there? Yes—venue may be where the child or the petitioner resides.

13) Quick action checklist

Draft and send a demand letter (keep proof of delivery).
Prepare evidence (filiation, needs, capacity) and a budget spreadsheet.
Consider barangay conciliation if applicable (or skip when exempt).
File Petition for Support in the Family Court with Motion for Support Pendente Lite.
Pursue mediation; if settled, get a court-compromise judgment.
If unpaid, seek garnishment and contempt, or VAWC remedies when applicable.
Review annually for adjustment as needs and means change.

You can take this article to PAO or a private counsel to turn into pleadings tailored to your facts. If you want, I can convert the checklists into ready-to-fill templates and a budget calculator you can print or share.