How to File for Child Support in the Philippines: Requirements and Computation

This practical legal article explains the Philippine rules on child support—who must pay, how much, where to file, and how to enforce or modify support. It is written for parents, guardians, and practitioners who need a single, comprehensive reference.

1) Legal Foundations and Key Principles

What is “support.” Support includes a child’s sustenance, dwelling, clothing, medical care, education (including transportation and school-related needs), and other items indispensable for upbringing. It covers both ordinary needs and, where appropriate, special needs (e.g., therapy, assistive devices).

Who is obliged. Both parents owe support to their children, whether the children are legitimate or illegitimate, and regardless of the parents’ marital status or relationship. If parental resources are insufficient, the duty can cascade to ascendants in the direct line (e.g., grandparents), but primary responsibility remains with the parents.

Standards for amount. There is no fixed percentage under Philippine law. The amount depends on:

the needs of the child (age, health, schooling, lifestyle consistent with family circumstances), and
the resources (actual income, earning capacity, property) of the parent(s).

Characteristics.

Not waivable for future needs; compromises are permitted but cannot prejudice essential needs.
Variable: may be increased or decreased upon a material change in needs or means.
Demand-based accrual: Generally becomes due from the date of extrajudicial or judicial demand (e.g., demand letter or filing), and arrears thereafter may be collected.
Priority: Support for minors is a legal priority over many other expenses.

2) Establishing Filiation (if paternity/maternity is contested)

To claim from a parent who denies parentage, you must establish filiation. Common modes include:

Civil registry records: birth certificate showing the parent’s recognition/acknowledgment.
Admissions: public instruments, private handwritten admissions.
Open and continuous possession of the status of a child (conduct showing acknowledgment).
Scientific evidence: DNA testing (often decisive in disputed paternity suits).
Other corroboration: photos, communications, support remittances, affidavits.

If filiation is uncontested (e.g., the parent is on the birth certificate or has consistently acknowledged the child), you may proceed directly to support.

3) Pre-Filing Options and Barangay Conciliation

Demand letter / negotiation. Start with a written demand for support attaching child-expense estimates and requesting voluntary remittance or a written agreement.

Barangay Justice System (Katarungang Pambarangay). When both parties reside in the same city/municipality but in different barangays, certain family disputes require prior barangay conciliation before going to court. Support claims are often accommodated, but exceptions apply (e.g., where parties reside in different cities/municipalities; where urgent court intervention is needed; or where there are allegations of violence—then you may proceed directly to court and/or seek protection orders). When in doubt, consult the Punong Barangay or Lupon for guidance based on residence and exceptions.

Written settlement. If you reach a settlement, put it in clear, enforceable terms: amount, frequency, mode of payment, escalation (e.g., inflation), sharing of extraordinary expenses (medical, school projects), reporting of income changes, and remedies for default.

4) Where and How to File in Court

Court: File a civil action for support in the Family Court (Regional Trial Court designated as such) where the child resides or where the defendant resides.

Who may file: The child (through the mother/guardian), the custodial parent, or a legal guardian.

What to file:

Verified Complaint/Petition for Support stating:
- identities of parties and the child;
- basis of filiation (or how it will be established);
- child’s needs (itemized budget);
- respondent’s income and assets (known figures; if unknown, plead for discovery).
Application for Support Pendente Lite (provisional support while the case is pending), with proposed monthly amount and a supporting budget.
Evidence (see Section 5).
Certification against forum shopping, and other standard court requirements.
Filing fees (fee waivers/indigency may be available upon proof).

Provisional relief. Family Courts routinely issue support pendente lite after summary hearing based on affidavits/receipts/ITRs, so the child is not left unsupported during litigation. The order is immediately executory but may be adjusted later.

Alternative/parallel remedies.

Protection Orders under laws addressing violence against women and their children can include support and custody-related directives when applicable.
Criminal/administrative overlays may apply in cases of economic abuse or child neglect; these do not replace civil support but can pressure compliance.

5) Documentary Requirements and Useful Evidence

Identity & status

Child’s birth certificate (PSA copy).
Parents’ IDs; marriage certificate (if married).
Evidence of filiation if contested (recognition documents, admissions, DNA, etc.).

Needs of the child

School records: assessment/tuition forms, enrollment receipts, books/uniform lists.
Medical records: prescriptions, therapy plans, receipts, HMO statements.
Living costs: rent and utilities allocations, food, clothing, transportation, internet.
Special needs: assistive devices, tutors, developmental therapy.

Means of the parent

Payslips, Income Tax Returns, Certificate of Employment and Compensation.
Business permits, audited financials, bank statements (if available).
Asset proof: vehicle OR/CR, land titles, lifestyle indicators (travel posts, property listings; authenticated where possible).
Prior remittances: deposit slips, bank transfers, e-wallet logs.

Service & enforcement

Known addresses, employer details, plate numbers, or any locator information to aid service of summons and later execution.

6) Computing Child Support: Method and Sample

There is no statutory formula (e.g., 20% or 30% is not mandated). Courts use a needs-versus-means approach and aim for proportional sharing between parents.

Step-by-step method (practical)

List monthly needs of the child (ordinary + recurring special).
Determine each parent’s capacity: stable take-home income, average business draw, or imputed earning capacity when a parent is underemployed by choice.
Allocate proportionally to the parents’ means after considering who bears in-kind costs (housing, caregiving time).

Example worksheet (illustrative only)

Child’s monthly needs
- Food/home share: ₱7,000
- School (tuition amortized, supplies): ₱6,000
- Transport/comm: ₱1,500
- Medical/HMO: ₱1,500
- Clothing/misc.: ₱1,000 Total: ₱17,000
Parents’ net capacities (after taxes/mandatory deductions)
- Mother: ₱35,000
- Father: ₱65,000
Proportional shares (35k:65k → 35% : 65%)
- Mother’s share (often via in-kind custodial spending): ₱5,950
- Father’s share (cash remittance): ₱11,050

Extraordinary expenses (one-off medical, field trips, gadgets required by school) are usually shared 50/50 or pro rata upon proof and prior notice.

Adjustments

Cost-of-living: Build in an annual review or CPI-linked escalation.
Bonuses/commissions: Courts may order a percentage of 13th-month pay/bonuses as supplemental support.
Multiple families: The court balances obligations to other dependents but cannot nullify the child’s right to adequate support.

7) Payment Terms and Good Practice

Schedule: Monthly, on or before a date certain.
Mode: Bank transfer/e-wallet with reference; or salary deduction by employer upon court order.
Proof: Keep a support ledger with receipts. Payors should annotate “child support for [Name][Month/Year]”.
In-kind items: Allowed but do not replace cash unless agreed or ordered; school and medical payments can be made directly to providers to avoid disputes.

8) Enforcement of Support Orders

If the parent defaults:

Writ of execution/garnishment against salaries, bank accounts, receivables, vehicles, or other property.
Levy on non-exempt assets.
Income withholding via employer upon notice/writ.
Contempt for willful non-compliance with a court order.
Travel hold or passport issues may arise incident to pending criminal cases or contempt, in appropriate scenarios.
Criminal exposure may exist where non-support forms part of economic abuse or child abuse contexts; this is separate from the civil case but can compel compliance.

Overseas workers/self-employed respondents:

Serve through last Philippine address, employer/agency info, or by approved substituted or extraterritorial service.
Enforce via local assets; require regular remittances and proof of compliance; coordinate with employer/agency when feasible.

9) Modification, Suspension, or Termination

Increase/decrease allowed if there is a substantial change in needs (e.g., starting private school, medical condition) or means (e.g., job loss, promotion).
Suspension is exceptional (e.g., absolute lack of means), but basic needs must still be addressed; courts may impute earning capacity if non-working by choice.
Termination usually upon majority and completion of basic education, but may continue for college or special needs depending on circumstances and jurisprudence.

10) Tax and Financial Considerations

Child support is not income to the recipient parent and is not deductible to the payor.
Keep all documentary proof for accountability and future adjustments.
Consider life/health insurance naming the child as beneficiary as part of structured settlements.

11) Practical Checklists

Filing checklist

Birth certificate (PSA)
Proof of filiation (if contested)
Itemized budget + receipts/quotations
Evidence of respondent’s income/assets
Addresses and employer details for service and enforcement
Verified complaint + certification against forum shopping
Application for support pendente lite with affidavit and attachments

Negotiated agreement essentials

Monthly base amount; payment date and mode
Sharing of extraordinary expenses (medical/school)
Annual review/escalation clause
Reporting duty upon income changes
Default and cure provisions; venue and governing law
Signatures before a notary; copies to school/health providers if relevant

12) Templates (Editable)

A. Demand Letter for Child Support (Extrajudicial)

Re: Demand for Child Support for [Child’s Name], born [DOB] Dear [Parent’s Name], I am writing to demand reasonable monthly child support for our child, [Name]. The attached budget shows monthly needs totaling ₱[amount], based on receipts and school/medical documents. Considering your income and my contributions, I propose that you remit ₱[amount] monthly, due every [day] of the month, via [bank/e-wallet], starting [date]. Extraordinary expenses (medical, school activities) shall be shared [50/50 or pro rata]. Kindly confirm in writing within five (5) days. Absent an agreement, I will be constrained to seek support pendente lite and other relief before the Family Court. Sincerely, [Name], [Address], [Contact]

B. Itemized Monthly Budget Table

Category	Basis/Notes	Amount (₱)
Food/home share	Household budget apportionment	7,000
Rent/utilities share	% of actual bills	3,000
School tuition (amortized)	Assessment attached	4,500
Supplies/uniforms	Receipts attached	1,500
Transport	Commute to school	1,500
Medical/HMO	Premium/allowance	1,500
Clothing/misc.		1,000
Total		17,000

C. Core Allegations in a Petition for Support

Parties, residence, and jurisdiction of the Family Court.
Filiation facts and documents (birth certificate; admissions; etc.).
Child’s best interests; specific needs with itemized budget and attachments.
Respondent’s means (income/assets; request for discovery/subpoenas).
Prayer for support pendente lite in the amount of ₱[amount] monthly, plus proportional sharing of extraordinary expenses.
Prayer for final support; withholding/garnishment; attorney’s fees and costs as allowed.
General reliefs.

13) Frequently Asked Questions

Can the paying parent demand receipts? Yes, courts favor transparency. Regular statements reduce disputes. Can support be paid entirely in kind? Typically no; cash is needed for flexible expenses, though direct payments to schools/hospitals are common alongside cash. What if the paying parent hides income? Courts may impute income from lifestyle evidence and order discovery and third-party subpoenas (e.g., employers, banks, BIR records) subject to rules. Does new marriage or new children erase support? No. It may affect the allocation, but not the existence of the duty. From when are arrears collectible? From demand (extrajudicial or filing) and as may be fixed by the court. Is college included? Often yes, depending on the family’s circumstances and the child’s aptitude/needs, subject to the payor’s means.

14) Bottom Line

To obtain child support efficiently in the Philippines: document needs, establish filiation (if disputed), make a clear demand, then file in the Family Court with an application for support pendente lite. Compute amounts by matching the child’s concrete needs with the parents’ proven means, build enforcement into the order, and revisit the amount when circumstances change.