In the Philippines, the right of a child to receive support is considered a matter of public policy. The law recognizes that a child’s development—physical, mental, and social—is heavily dependent on the financial contribution of both parents, regardless of their marital status. When a parent fails to provide adequate support, particularly for essential needs and educational expenses, the legal system provides specific mechanisms for enforcement.

1. The Legal Basis for Support

Under the Family Code of the Philippines, support (sustento) comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

Article 194: Specifically includes "education" even beyond the age of majority (18) if the child has not finished their education or training for a profession, provided the delay is not due to the child's fault.
Article 195: Establishes the reciprocal obligation of parents and legitimate/illegitimate children to support each other.

2. Determining the Amount of Support

There is no "fixed" amount for child support in the Philippines. Instead, the court applies the Variable Standard, which balances two factors:

The Necessities of the Recipient: The actual costs of living and schooling.
The Resources or Means of the Giver: The income, properties, and financial capacity of the obligor (the parent asked to pay).

Support is never final; it is subject to the "fluctuation" rule. It can be increased or decreased at any time by the court if the needs of the child increase or the resources of the parent change.

3. Remedies for Insufficient Support

If a parent is providing an amount that does not meet the child's basic needs or refuses to pay for educational expenses (such as tuition, books, and miscellaneous fees), the following legal actions can be taken:

Civil Action: Petition for Compulsory Support

A formal petition is filed in the Family Court where the minor resides. This civil case seeks a court order to compel the parent to provide a specific monthly allowance.

Support Pendente Lite: During the pendency of the case, the court can issue a provisional order for immediate support so the child does not suffer while the litigation is ongoing.
Attachment of Property: The court may order the attachment of the defaulting parent's properties or the garnishment of their salary to ensure payment.

Criminal Action: R.A. 9262 (VAWC)

The Anti-Violence Against Women and Their Children Act of 2004 classifies the "deprivation or threat to deprive the woman or her children of financial support" as a form of Economic Abuse.

Penalty: This is a criminal offense that can lead to imprisonment and fines.
Protection Order: A victim can apply for a Permanent Protection Order (PPO), which may include a provision for "Mandated Support," where the employer of the respondent is ordered to automatically deduct the support amount from their salary and remit it directly to the mother/child.

4. Specific Provisions for Educational Expenses

Education is a priority under Philippine law. If a parent claims they can only afford "basic" support but refuses to pay for schooling, the court looks at the parent's lifestyle. If the parent has the means to provide a private education or higher education but refuses to do so out of spite or negligence, the court can specifically mandate the payment of:

Enrollment fees and tuition.
School supplies and uniforms.
Allowance for transportation and meals.

5. Support for Illegitimate Children

The law is clear: Illegitimate children are entitled to support to the same extent as legitimate children. The only prerequisite is that filiation must be established. This is usually done through:

The child’s birth certificate (signed by the father).
A public document or a private handwritten instrument signed by the father acknowledging paternity.
"Open and continuous possession of the status of an illegitimate child."

If the father refuses to recognize the child, a Petition for Compulsory Recognition is often joined with the Petition for Support.

6. Jurisdictional Nuances and Enforcement

Demand is Necessary: Generally, the obligation to give support becomes enforceable from the moment the person having a right to it needs it, but it is payable only from the date of judicial or extrajudicial demand.
Waiver: The right to future support cannot be renounced or waived. Any agreement where a parent "gives up" the child's right to support in exchange for something else is void.
Compromise: While the amount of support can be a subject of compromise, the right to support itself cannot be compromised.

The Role of the Public Attorney’s Office (PAO)

For those who cannot afford private legal counsel, the PAO provides free legal assistance to file petitions for support. Additionally, the Department of Social Welfare and Development (DSWD) can assist in mediation before the case reaches the court.