Under Philippine law, the right to support is a fundamental right of a child. It is a common misconception that if a father has no formal job or is currently unemployed, he is automatically exempt from providing for his children. The Family Code of the Philippines and Republic Act No. 9262 (the Anti-Violence Against Women and Their Children Act) provide clear mechanisms to ensure that a parent’s financial obligations are met, regardless of their employment status.

1. The Legal Basis for Support

The Family Code (Articles 194 to 204) mandates that parents are legally obliged to support their children. This support is not limited to cash; it encompasses everything indispensable for sustenance:

Food and Shelter
Clothing and Medical Attendance
Education (even beyond the age of majority if the child has not finished schooling)
Transportation

The law explicitly states that support shall be in proportion to the resources or means of the giver and the necessities of the recipient.

2. Dealing with the "Unemployed" or "Informal Earner" Defense

When a father claims he cannot pay because he has no "payslip" or formal job, the Philippine courts apply several principles:

Capacity vs. Necessity: While the amount is adjusted based on capacity, unemployment does not extinguish the obligation. The court may look into the father's lifestyle, assets (land, vehicles, gadgets), or potential to earn based on his skills.
The Minimum Wage Standard: In many cases, if the father is able-bodied, the court may impute a minimum earning capacity based on the current daily minimum wage.
Shift in Burden of Proof: If a father claims total inability to pay, the burden is on him to prove that he is physically or mentally incapable of any form of gainful labor.

3. Step-by-Step Legal Process

Step 1: The Formal Demand Letter

Before filing a case, it is often required (or at least highly recommended) to send a formal Demand Letter via registered mail. This letter should specify the child's needs and provide a deadline for a response. Proof of receipt of this letter is essential evidence of the father's "refusal" to provide support.

Step 2: Barangay Conciliation

If the parties reside in the same city or municipality, the case must generally undergo Barangay Conciliation.

If an agreement is reached, the Amicable Settlement has the force and effect of a court judgment after 15 days.
If no agreement is reached, the parent will secure a Certificate to File Action.

Step 3: Filing the Petition for Support

You may file a Petition for Support in the Family Court where the child resides.

Support Pendente Lite: You can ask the court for "support while the case is pending." This ensures the child receives funds immediately while the main case is being litigated.
Proof of Filiation: You must prove that the man is the father. A Birth Certificate signed by him is the best evidence. If he did not sign the birth certificate, DNA testing or other "open and continuous possession of the status of a child" (e.g., photos, school records, letters) may be required.

4. The RA 9262 Route (Economic Abuse)

Filing a criminal case under RA 9262 is often faster and carries more weight. Under this law, the "willful" refusal to provide financial support is considered Economic Abuse.

Protection Orders: A judge can issue a Temporary Protection Order (TPO) directing the father to provide support immediately.
Criminal Liability: If found guilty of economic abuse, the father faces imprisonment and a fine, in addition to being ordered to pay back-support.

5. Enforcement Against Informal Earners

If the father has no fixed salary to garnish, the court can employ other methods:

Attachment of Property: The court can order the seizure of his personal properties or real estate to satisfy the support arrears.
Hold Departure Order: In some instances, if the father is a flight risk, the court may prevent him from leaving the country until he settles his obligations or provides a bond.
Contempt of Court: If a father refuses to follow a court order for support despite having the means (even if informal), he can be cited for contempt and jailed.

6. Important Considerations for the Mother

No Waiver of Support: A mother cannot "sign away" the child's right to support. Any agreement stating the father is "waived" from paying support is void under Philippine law.
Retroactive Support: Support is generally due from the time of the judicial or extrajudicial demand.
Legal Aid: If the mother is indigent, she can seek assistance from the Public Attorney’s Office (PAO) or the Integrated Bar of the Philippines (IBP) for free legal representation.

Legal Note: The duty to support is a joint obligation of both parents. However, the parent with actual custody provides "in-kind" support (care, supervision), while the non-custodial parent typically provides the financial counterpart proportional to their means.