A Philippine legal article

1. Overview

In the Philippines, child support is not a favor or a voluntary act—it is a legal obligation grounded in the Family Code and related laws. A “demand letter for child support” is a common first formal step taken by a parent or guardian to request support from the legally responsible person.

The key questions are:

Is a demand letter legally valid?
Is it enforceable by itself?
What legal effect does it have?
What happens if the recipient ignores it?

Short version: a demand letter is valid as a formal demand and evidence of request, but it is not by itself a court-enforceable order. It becomes enforceable only through a settlement with binding terms or a court/judicial order.

2. Legal Basis of Child Support

2.1 What “support” includes

Under Philippine law, support covers everything indispensable for sustenance, including:

food, clothing, shelter
education (including school-related expenses)
medical and dental needs
transportation and other necessities appropriate to the child’s condition in life

Support is not limited to bare minimum survival costs. It tracks the child’s reasonable needs and the parents’ means.

2.2 Who is obliged to give support

Parents are primarily obliged to support their children, whether the child is:

legitimate
illegitimate
adopted

Illegitimate children are entitled to support from both parents. The father’s obligation exists once paternity is established (voluntarily or judicially).

2.3 Proportion of support

Support depends on:

The child’s needs
The parent’s resources/means

It is flexible and may increase or decrease as circumstances change. There is no fixed percentage in law; courts determine it case by case.

3. What a Demand Letter Is (and Isn’t)

3.1 What it is

A demand letter is a written formal request for child support. It usually contains:

identification of the child
statement of legal relationship/obligation
amount or schedule requested
breakdown of needs/expenses
request for response or payment by a deadline
warning of legal action if ignored

It is often sent through counsel but may be sent personally.

3.2 What it is not

A demand letter is not:

a court order
an automatic garnishment authority
a criminal conviction
a final determination of the support amount

It does not by itself compel payment through state enforcement.

4. Validity of a Demand Letter

A demand letter is legally valid in the Philippines as a form of extrajudicial demand. The law recognizes that a person may formally demand compliance with a legal obligation before going to court.

Even without court involvement, such a letter:

asserts the right to support
specifies what is being demanded
signals readiness to escalate to legal action
creates a dated paper trail

There is no special statutory format required. Validity comes from clear communication of demand.

5. Enforceability: The Crucial Distinction

5.1 Not enforceable by itself

A demand letter cannot be enforced like a judgment. If the recipient refuses or ignores it, the sender cannot legally seize assets or compel payment without a proper legal mechanism.

5.2 How it becomes enforceable

A demand letter leads to enforceability in two main ways:

A. Through a binding agreement If the parties respond to the letter and reach a settlement, enforceability depends on the form of that settlement:

Private written agreement – enforceable as a contract; may still require court action to compel compliance if breached.
Barangay settlement (Kasunduan) – can be enforceable through barangay procedures and eventually through court if violated.
Court-approved compromise agreement – once approved by a court, it has the effect of a final judgment.

B. Through a court order If no agreement is reached, the requesting party files a case for support. Once the court issues an order:

noncompliance can lead to execution (wage garnishment, levy, etc.)
repeated refusal may result in contempt

6. Why a Demand Letter Still Matters

Even if not self-enforcing, a demand letter is strategically and legally important:

Evidence that support was requested This helps show that the obligor was notified and refused or neglected to comply.
Helps define the timeline Courts generally do not award “past support” for periods before a demand was made, except in special circumstances. A letter helps establish when the obligation was formally invoked.
Encourages settlement Many support disputes resolve at this stage to avoid litigation.
Shows good faith Courts often look favorably on parties who try extrajudicial resolution first.

7. Common Situations and Legal Effects

7.1 If the recipient partially pays

Partial payment may be treated as:

acknowledgment of obligation
basis to negotiate the final amount It does not automatically waive remaining claims unless explicitly agreed.

7.2 If the recipient denies paternity

For illegitimate children, support hinges on proof of filiation. The demand letter may be ignored if paternity is disputed. The proper next step is a petition to establish filiation with support.

7.3 If the recipient is abroad

A demand letter is still valid and useful. Enforcement may require:

filing a support case in the Philippines
coordination under relevant cross-border family support mechanisms where applicable
possible enforcement against local assets or through international cooperation depending on country

8. Filing a Case After a Demand Letter

If ignored, the next legal step is typically a petition/action for support. Key points:

Where to file

Family Courts (Regional Trial Courts designated as Family Courts)
In areas without a Family Court, regular RTCs handle family matters.

What the court considers

proof of relationship (birth certificate, acknowledgment, evidence of filiation)
child’s needs (receipts, school fees, medical bills, cost of living)
parent’s means (income records, lifestyle evidence, employment, assets)

Provisional support Courts can order provisional support while the case is pending, so the child is not left waiting for years.

9. Is Ignoring a Demand Letter a Crime?

Ignoring a demand letter alone is not a crime. However, refusal to give support can lead to legal consequences:

9.1 Civil liability

The court may order payment and enforce it through execution.

9.2 Criminal liability in certain cases

Failure to support may intersect with criminal law when:

it involves violence against women and children, including economic abuse (e.g., under laws addressing economic deprivation of a child or the mother)
there is willful refusal despite ability to pay These are context-specific and usually require court findings.

10. Amount of Support Demanded: What’s Reasonable?

A demand letter can propose a figure, but the final amount must remain anchored on law:

Needs of the child (not luxury, but not deprivation either)
Capacity of the obligor

Courts dislike arbitrary amounts. A strong demand letter is usually backed by:

itemized monthly budget
receipts and school/medical documents
justification tied to the child’s standard of living

11. Practical Features of an Effective Demand Letter

A good Philippine child support demand letter usually includes:

Statement of facts

relationship, child’s age
custodial situation

Legal basis

parental obligation to support
child’s right to support

Specific demand

monthly amount
due date and mode of payment
retroactive or reimbursement request if any

Supporting breakdown

education
food and daily living
medical
housing and utilities portion attributable to child
transportation and other necessities

Deadline to respond Often 5–15 days.
Notice of next steps Barangay mediation (if applicable) or court action.

12. Barangay Conciliation: When Required

For many family-related disputes, barangay conciliation may be a prerequisite before court filing, depending on:

the parties’ residence in the same city/municipality
whether the dispute is within barangay authority
exceptions provided by law (e.g., urgent cases or where parties live in different jurisdictions)

A demand letter can be used to initiate barangay mediation or to show that settlement efforts began earlier.

13. Can Support Be Waived?

A child’s right to support generally cannot be waived by a parent. Parents may agree on the manner of support as long as the child’s welfare is protected. Courts can invalidate arrangements that effectively deprive the child.

14. Key Takeaways

Yes, a demand letter for child support is valid in the Philippines.
No, it is not automatically enforceable by itself.
It becomes enforceable through either:
1. a binding settlement (preferably court-approved), or
2. a court order for support.
It is still very important legally because it documents demand, sets timelines, and supports later court action.
Ignoring it is not a crime per se, but refusal to support after demand can lead to civil enforcement and, in appropriate cases, criminal consequences tied to economic abuse.

15. Final Note

This article explains general Philippine law and procedure. Actual outcomes depend on facts like proof of filiation, the child’s documented needs, and the obligor’s real financial capacity. If litigation is needed, a lawyer can help tailor the demand and evidence to maximize enforceability and speed of relief for the child.