Legal Obligations for Child Support

Introduction

In Philippine law, the obligation to provide child support is one of the most fundamental and non-negotiable duties of parents. It is rooted in the constitutional policy that the State shall defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development (Article XV, Section 3(2), 1987 Constitution).

Child support (known in Philippine law as “support” or “parental support”) is not discretionary; it is mandatory, continuing, and survives separation, annulment, divorce (for foreigners under certain conditions), or even the death of one parent. Failure to comply can result in civil, administrative, and criminal liabilities.

Primary Legal Bases

1. Family Code of the Philippines (Executive Order No. 209, as amended by E.O. 227, Republic Act No. 6809, and Republic Act No. 9255)

   • Articles 194–208 govern support in general.
   • Articles 163–171 (for legitimate children), Articles 175–177 (for illegitimate children), and Articles 195–198 specifically address parental duties.

2. Revised Penal Code

   • Article 59 (abandonment of minor or failure to render support when able).
   • Article 195 (serious or less serious physical injuries through abandonment, now largely superseded by RA 7610 and RA 9262).

3. Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004)

   • Economic abuse includes deprivation of financial support legally due to the child (Section 5(e)).

4. Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), as amended

   • Criminalizes child neglect, including failure to provide support.

5. Republic Act No. 11861 (Expanded Solo Parents Welfare Act of 2022)

   • Reinforces support obligations and provides additional benefits to solo parents seeking enforcement.

6. A.M. No. 02-11-11-SC (Rule on Provisional Orders) and A.M. No. 04-10-11-SC (Rule on Support)

   • Supreme Court rules governing procedure for support cases.

Who is Entitled to Receive Child Support?

All children, without exception, are entitled to support from their parents:

• Legitimate children
• Legitimated children
• Legally adopted children
• Illegitimate children (whether acknowledged voluntarily or judicially declared)
• Children conceived through artificial insemination (if consented to by the husband)
• Children born during a voidable marriage before annulment
• Children of void marriages when the marriage was contracted in good faith (Article 54, Family Code)

The right to support begins from the moment of conception (Article 194) and continues until the child reaches the age of majority (18 years old), unless the child is incapacitated or is still studying (see discussion below).

Who is Obliged to Give Support?

Primary obligation: Both parents, jointly and solidarily, regardless of their marital status.

Order of liability (Article 199, Family Code):

1. Spouse
2. Descendants (legitimate or illegitimate) in nearest degree
3. Ascendants in nearest degree
4. Brothers and sisters (legitimate or not)

For children, the obligation falls first and primarily on the parents. Grandparents become liable only subsidiarily — when both parents are dead, incapacitated, or unable to provide support (Article 200).

The obligation is solidary: the child can demand the full amount from either parent. The paying parent may later seek reimbursement from the other (Article 196).

Nature and Scope of Support (Article 194)

Support comprises everything indispensable for:

• Sustenance (food, nutrition)
• Dwelling (housing)
• Clothing
• Medical attendance (health care, hospitalization, medicines)
• Education (including school fees, books, transportation to school, allowance)
• Transportation (in keeping with the family’s financial capacity)

The education component includes college education if the child is of average intelligence and the parent has the financial capacity (jurisprudence: Lacson v. Lacson, G.R. No. 150644, 2008; De Guzman v. Perez, G.R. No. 156013, 2008).

Support must be in keeping with the financial capacity of the family (Article 194, par. 2). Luxury is not required, but neither is bare subsistence if the parent is wealthy.

Duration of Support Obligation

• Until the child reaches 18 years old (age of majority).
• Continues beyond 18 if the child is:
  a. Incapacitated or disabled and unable to support himself/herself, or
  b. Still pursuing studies (college or vocational) and is not yet self-supporting.

Supreme Court has repeatedly ruled that support continues for students until they finish their course, provided they are not failing and the parent can afford it (e.g., Sps. Lim v. Lim, G.R. No. 163209, 2010).

Amount of Support: How It Is Determined (Article 201)

The amount shall be:

1. In proportion to the resources or means of the giver, and
2. In proportion to the needs of the recipient.

Courts use the following factors:

• Financial capacity of the parent (income, properties, business interests, lifestyle)
• Needs of the child (school, medical, extracurricular)
• Standard of living the child would have enjoyed had the family remained intact
• Inflation and increased costs over time

Support is always modifiable (increase or decrease) upon proof of substantial change in circumstances (Article 202).

Modes of Compliance

1. Monthly cash payment (most common)
2. Direct payment of tuition, medical bills, rent, etc. (with proper receipts)
3. In kind (food, clothing, housing)

The parent cannot unilaterally decide to stop cash support and just pay bills directly without agreement or court approval.

Enforcement Mechanisms

1. Civil action for support (with prayer for support pendente lite under the Rule on Provisional Orders).

   • Can be filed in the Family Court of the place where the child resides.
   • Support pendente lite is granted almost automatically upon prima facie showing of relationship and need.

2. Petition for habeas corpus if the child is deprived of rightful custody and support.

3. Execution of judgment – attachment of salary (up to 50% under recent jurisprudence), properties, bank accounts.

4. Protection order under RA 9262 – includes mandatory financial support.

5. Administrative complaint with the employer (for government employees, under CSC rules) or DSWD.

6. Hold-departure order and passport cancellation for chronic non-payers (A.M. No. 03-8-02-SC).

Special Situations

Illegitimate children

• Must first be recognized voluntarily (birth certificate, private handwritten instrument, public document, or public declaration) or judicially declared (action for compulsory recognition under Article 175).
• Once filiation is established, support right is retroactive to birth.

Adopted children

• Adoptive parents assume full support obligation; biological parents are relieved unless the adopter is married to a biological parent.

Surrogacy and IVF children

• The consenting intended parents are legally responsible.

Remarriage of parent

• Does not relieve the parent of support obligation. The new spouse has only subsidiary liability.

Death of parent

• Obligation passes to the estate and is a charge against inheritance.

Parent abroad (OFW or immigrant)

• Philippine courts retain jurisdiction. Support cases can be filed here and enforced abroad via diplomatic channels or under reciprocal enforcement treaties.

Criminal Liability for Non-Support

1. Violation of RA 9262 – economic abuse (imprisonment of 1 month to 6 months for deprivation of support).
2. Violation of RA 7610 – child neglect/abandonment (prisión mayor).
3. Violation of R.A. No. 11648 (2022 law increasing penalty for failure to provide support to illegitimate children) – elevates penalty to prisión correccional minimum and medium.

Chronic non-support is now punished more severely than before.

Prescription

The right to claim support does not prescribe (it is a continuing right), but back support is limited to three years prior to the filing of the action (Article 203, as interpreted in jurisprudence).

Conclusion

In Philippine law, child support is not charity — it is a legal and moral imperative. The State treats it as a matter of public policy, and courts are directed to resolve doubts in favor of the child. Parents who believe they can evade this duty through separation, relocation, or financial maneuvering will find the legal system increasingly hostile: from automatic salary deductions to criminal prosecution and travel restrictions.

The child’s right to support is absolute. The parent’s obligation is inescapable.