How to Write and Send a Demand Letter for Child Support in the Philippines

Child support is a fundamental obligation under Philippine law, ensuring that children receive the financial assistance necessary for their upbringing, education, and well-being. When one parent fails to provide this support, the other may need to take proactive steps to enforce it. A demand letter is often the first formal step in this process—a written notice requesting the payment of overdue or ongoing child support. It serves as a polite yet firm reminder of legal duties and can help avoid immediate court proceedings.

This article provides a comprehensive guide on writing and sending a demand letter for child support in the Philippine context. It covers the legal framework, practical steps, key components, and subsequent actions. Note that while this information is based on established Philippine family law principles, it is not a substitute for professional legal advice. Consult a licensed attorney or the appropriate government agency for personalized guidance.

Legal Basis for Child Support in the Philippines

Child support obligations are primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended), particularly Articles 194 to 198. These provisions outline the following key principles:

Article 194: Both parents, regardless of marital status (legitimate, illegitimate, or adopted children), are legally obligated to support their children. Support includes providing for the child's needs such as food, clothing, shelter, medical care, education, and recreation, proportionate to the parent's resources and the child's requirements.
Article 195: The obligation extends to ascendants (grandparents) if parents are unable, but parents bear primary responsibility. Support must be given in a manner consistent with the family's circumstances.
Article 196: Support is due from the moment of birth and continues until the child reaches the age of majority (18 years old), or longer if the child is incapacitated or pursuing education.
Article 197: Illegitimate children have the same rights to support from both parents.

Additional laws reinforce these obligations:

Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004): Addresses economic abuse, including denial of financial support, which can be grounds for protection orders that include support directives.
Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act): Indirectly supports child welfare but is more relevant in exploitation cases.
Supreme Court Rules on Legal Separation, Annulment, and Nullity of Marriage: These often include provisions for child support in family court proceedings.

Failure to provide support can lead to civil liability (e.g., payment of arrears) or criminal charges under Article 198 of the Family Code (misdemeanor for non-support) or RA 9262 (for economic violence). A demand letter establishes a record of the obligation and can serve as evidence in court, showing good faith efforts to resolve the matter amicably.

When to Send a Demand Letter

A demand letter is appropriate in situations such as:

Non-payment of agreed support: If there's a prior agreement (e.g., via barangay conciliation, separation deed, or court order) that's being ignored.
No existing agreement: When seeking to establish or enforce support for the first time, especially post-separation or in cases of unmarried parents.
Partial or inconsistent payments: To demand full compliance or arrears (back payments).
Increasing needs: If the child's circumstances change (e.g., higher education costs), requiring adjustment of support amounts.

It is not mandatory to send a demand letter before filing a case, but it is highly recommended. Under the Katarungang Pambarangay Law (Presidential Decree No. 1508, as amended by the Local Government Code of 1991), disputes involving family matters must first undergo barangay conciliation. A demand letter can initiate this process by serving as a formal complaint.

Send it when amicable resolution seems possible, but before the situation escalates to emotional or financial distress. Time is critical: Support obligations accrue daily, and statutes of limitations (e.g., 10 years for written contracts under the Civil Code) may apply to claims.

Steps to Prepare Before Writing the Demand Letter

Gather Evidence: Collect proof of parentage (e.g., birth certificate), financial needs (e.g., school receipts, medical bills), your income statements, and any prior agreements or communications about support. Calculate arrears precisely, including interest if applicable (e.g., 6% per annum under Civil Code Article 2209 for monetary obligations).
Determine the Amount: Support should be reasonable and proportionate. Courts typically use a formula considering the child's needs (at least 50% of the basic needs) and the paying parent's capacity (e.g., 20-30% of net income). Reference Philippine Statistics Authority data on poverty thresholds or average living costs for guidance.
Seek Mediation if Possible: For co-parents, attempt informal talks. If needed, file a complaint with the barangay lupon tagapamayapa (conciliation body) first, as required for disputes under PHP 1,000,000 (Local Government Code, Section 412).
Consult Resources: Approach the Department of Social Welfare and Development (DSWD), Public Attorney's Office (PAO), or Integrated Bar of the Philippines (IBP) for free legal aid, especially if low-income.

How to Write a Demand Letter

Writing a demand letter requires clarity, professionalism, and specificity to make it legally effective. Use formal language, avoid emotional accusations, and keep it concise (1-2 pages). Type it on letterhead if possible, or use plain bond paper.

Key Components of the Demand Letter

Header and Date:
- Your full name, address, contact details.
- Date of the letter.
- Recipient's full name and address (the other parent).
Salutation:
- "Dear [Recipient's Name]," or "To Whom It May Concern," if address unknown.
Introduction:
- State your relationship to the child (e.g., "As the mother/father of our minor child [Child's Full Name], born on [Date of Birth]").
- Briefly mention the purpose: "This letter serves as a formal demand for child support pursuant to our parental obligations under the Family Code."
Body:
- Factual Background: Describe the child's needs and your current situation (e.g., separation date, living arrangements). Reference any prior agreements (e.g., "As per our separation agreement dated [Date], you agreed to pay PHP [Amount] monthly").
- Details of Non-Compliance: Specify arrears (e.g., "You have failed to pay support for the last [X] months, totaling PHP [Amount], inclusive of [breakdown]"). Include dates and amounts.
- Legal Obligation: Cite relevant laws (e.g., "Under Article 194 of the Family Code, you are legally bound to provide support").
- Demand: Clearly state what you want (e.g., "I demand payment of PHP [Total Amount] within [X] days from receipt, plus ongoing monthly support of PHP [Amount] starting [Date]").
- Consequences: Warn of next steps (e.g., "Failure to comply will compel me to seek barangay conciliation and, if necessary, file a petition in the Regional Trial Court for support and/or criminal charges under Article 198").
Closing:
- Reiterate the deadline (e.g., 15-30 days, reasonable under circumstances).
- Offer discussion: "I am open to amicable resolution."
- Signature: Your full name, signature, and contact info.
- Notarization: Optional but recommended for evidentiary value (under Acknowledgment Rules).

Sample Demand Letter Template

[Your Full Name]
[Your Address]
[City, Province, ZIP Code]
[Email and Phone]
[Date]

[Recipient's Full Name]
[Recipient's Address]
[City, Province, ZIP Code]

Dear [Recipient's Name],

Re: Demand for Child Support for [Child's Full Name]

I am writing as the [mother/father] of our minor child, [Child's Full Name], born on [Date of Birth] in [Place of Birth], as evidenced by the attached birth certificate.

Pursuant to our parental obligations under Articles 194-198 of the Family Code of the Philippines, you are required to provide financial support for [Child's Name]'s basic needs, including education, healthcare, and maintenance. [Briefly describe background, e.g., "Following our separation on [Date], we agreed verbally/in writing to monthly support of PHP [Amount]."]

To date, you have not fulfilled this obligation. Specifically:

Monthly support due from [Start Date] to [End Date]: [X] months at PHP [Amount] per month = PHP [Total].
Additional arrears for [specific expenses, e.g., school fees]: PHP [Amount].
Total demanded: PHP [Grand Total], plus legal interest.

I hereby demand that you remit the full amount of PHP [Grand Total] within 15 days from receipt of this letter, via [bank transfer/cash/etc. to specified account]. Commencing [Date], ongoing monthly support of PHP [Amount] shall be paid on the [e.g., 5th] of each month.

Should you fail to comply, I will be constrained to pursue remedies, including filing a complaint with the barangay lupon for conciliation and, if unresolved, a petition for support in the Family Court. This may also lead to criminal prosecution for non-support.

I prefer an amicable settlement and am available for discussion at [your contact]. Please acknowledge receipt of this letter.

Very truly yours,

[Your Full Name]
[Signature]

Enclosures: [List documents, e.g., Birth Certificate, Prior Agreement]

(Notarization block if applicable)

Tips for Effective Writing

Be factual and objective; avoid insults to prevent defensiveness.
Use certified mail for proof of delivery.
Customize based on specifics; for multiple children, itemize per child.
If the other parent is abroad (OFW), consider additional laws like RA 9422 (remittance of earnings).
For illegitimate children, attach proof of paternity (e.g., affidavit or DNA results if contested).

How to Send the Demand Letter

Methods of Delivery:
- Registered Mail: Via Philippine Postal Corporation (PHLPost) for a receipt and tracking (cost: ~PHP 50-100).
- Personal Service: Have a disinterested third party (e.g., barangay official) deliver and witness (affidavit of service).
- Electronic: Email if you have consent, but pair with physical copy for legal weight.
- Courier Services: LBC or similar for faster, trackable delivery.
Proof of Service: Always obtain acknowledgment (e.g., return receipt, affidavit). This is crucial for court evidence.
Multiple Copies: Send to the recipient's known addresses (home, work). If unknown, use substituted service via publication (court-approved).
Barangay Involvement: Simultaneously file a formal complaint at the recipient's barangay to start conciliation (free, required for intra-family disputes).

What Happens After Sending the Demand Letter

Response Timeline: Give 15-30 days. If paid, document receipt and monitor compliance.
No Response or Refusal: Proceed to barangay conciliation (within 15 days of filing). If unresolved, obtain a Certificate to File Action.
Partial Compliance: Negotiate adjustments; consider a written agreement notarized for enforceability.

Potential Legal Actions If Unresolved

Barangay Conciliation: Mandatory; aims for a settlement deed enforceable like a court order.
Petition for Support: File in the Regional Trial Court (Family Court) under Rule 61 of the Rules of Court. Seek temporary support pendente lite (during proceedings).
Criminal Case: For willful non-support (misdemeanor, fine/jail up to 6 months). File with the prosecutor's office.
Protection Order: Under RA 9262, if denial of support constitutes violence.
Enforcement Mechanisms: Court can order wage garnishment, asset attachment, or passport restrictions (for arrears over PHP 10,000 under recent jurisprudence).

Costs: Filing fees ~PHP 1,000-5,000; PAO provides free representation for indigent parties.

Additional Considerations and Tips

Tax Implications: Child support is not taxable income (BIR rulings), but document for dependency claims.
Modification: Support can be adjusted via court if circumstances change (e.g., job loss).
International Aspects: If the parent is abroad, coordinate with the Department of Foreign Affairs or use Hague Convention if applicable (Philippines is not a signatory but recognizes reciprocity).
Common Pitfalls: Don't exaggerate amounts (could undermine credibility); keep records of all communications.
Support for Custodial Parent: If you're the recipient, explore DSWD programs like the 4Ps (Pantawid Pamilyang Pilipino Program) for supplemental aid.
Emotional Well-Being: Involve counselors; organizations like the Women's Crisis Center offer support.
Updates in Law: As of 2025, ongoing reforms under the proposed Family Code amendments may enhance enforcement, but core principles remain.

Enforcing child support upholds a child's rights and promotes family responsibility. If you're facing this situation, act promptly—delays can compound financial strain. For tailored assistance, contact the PAO hotline (02) 8928-7233 or visit your local family court.