Right to Continued Child Support for Adult Children Still Enrolled in School

Under Philippine law, the obligation to provide support does not automatically terminate when a child reaches the age of majority (18 years old). While the legal status of "emancipation" grants an individual the right to govern their own person and property, the Family Code of the Philippines maintains a specific bridge for adult children who are still pursuing their education.


The Legal Basis for Support

The primary governing law is Article 194 of the Family Code, which defines "support" comprehensively. It includes everything indispensable for:

  • Sustenance and dwelling
  • Clothing and medical attendance
  • Education and transportation

Critically, the law specifies that support for education includes schooling or training for some profession, trade, or vocation, even if the child is over the age of majority.

Duration of the Obligation

The obligation to provide for a child’s education persists as long as the child has not finished their education or training for a profession, provided that the child is applying themselves to their studies.

There are two key conditions for this right to continue:

  1. Requirement of Diligence: The adult child must show a bona fide effort to complete their studies. While occasional failure doesn't immediately disqualify a child, a "professional student" who stays in school indefinitely without progress may lose the right to demand support.
  2. Financial Capacity: Support is always proportional to the resources or means of the giver (the parent) and the necessities of the recipient (the child).

Key Components of Educational Support

In the context of an adult student, support typically covers:

  • Tuition and Miscellaneous Fees: Direct costs paid to the educational institution.
  • School Supplies: Books, equipment, and laboratory fees.
  • Living Expenses: If the student must live away from home, this includes board and lodging.
  • Transportation: Travel to and from the educational institution.

The Impact of Emancipation (RA 6809)

Republic Act No. 6809 lowered the age of majority from 21 to 18 years. However, this transition did not erase the parental duty to provide for education. The Supreme Court has consistently held that the parental obligation to support a child’s schooling transcends the technical boundary of 18 years old, provided the child has not yet completed their initial vocational or professional training.


How Support is Determined

The amount of support is never fixed; it is variable and subject to the "proportionality rule."

If a parent’s financial situation improves, the child may petition for an increase. Conversely, if the parent loses their source of income, they may petition the court to reduce the amount, regardless of the child's tuition costs.

Extinction of the Right

The right to claim support as an adult student may be extinguished under the following circumstances (Article 199 and 201, Family Code):

  • Completion of Studies: Once the child finishes their degree or vocational course.
  • Marriage: If the adult child marries, the primary obligation to support shifts to their spouse.
  • Employment: If the child becomes gainfully employed and can support themselves, the necessity (a requirement for support) vanishes.
  • Death: Of either the recipient or the provider.

Jurisprudential Reminders

Philippine jurisprudence emphasizes that the goal of this legal provision is to ensure that children become productive members of society. The law recognizes that in the modern economy, a high school diploma is often insufficient, and "emancipation" at 18 should not be a "cliff" that prevents a student from attaining a college degree or technical certification.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.