Demand Letters for Child Support in the Philippines — A Comprehensive Legal Guide
1. Purpose of a Demand Letter
A demand letter for child support is a formal written notice sent—usually by the custodial parent, guardian, or their counsel—to the parent who is refusing or failing to provide adequate financial support. It serves four key functions:
- Formally notifies the obligor of the support obligation and any arrears.
- Specifies the amount sought and the legal bases.
- Sets a deadline for voluntary compliance, thus showing good-faith attempts to settle without litigation.
- Creates a paper trail that can later be presented in barangay mediation, the Department of Social Welfare and Development (DSWD), or the courts.
Although not strictly required by statute, a well-crafted demand letter is best practice before elevating the matter to compulsory processes.
2. Legal Foundations of Child Support in the Philippines
| Source | Key Provision | Practical Take-away |
|---|---|---|
| Family Code of the Philippines (E.O. No. 209, 1987), Arts. 194-208 | Both parents, legitimate or not, “are obliged to support their children in proportion to their resources.” | Support = everything indispensable for sustenance, dwelling, clothing, medical care, education and transportation. |
| Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) | “Economic abuse” includes depriving or threatening to deprive financial resources necessary for the child’s education, food, shelter and medical care. | Failure or refusal to support may expose the erring parent to criminal liability. |
| Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) | Government duty to protect children’s right to survival and development. | Useful where neglect amounts to child abuse. |
| Rule on Custody of Minors & Writ of Habeas Corpus (A.M. No. 03-04-04-SC) | Courts may issue support pendente lite during custodial proceedings. | Interim remedies can be requested if litigation is unavoidable. |
Note: Philippine law does not distinguish between legitimate and illegitimate children in the entitlement to support; differentiation exists only as to succession rights.
3. When (and Why) Send a Demand Letter
| Scenario | Why Issue a Demand Letter First? |
|---|---|
| Parent sporadically sends support | Encourages regularization and fixes an agreed schedule. |
| Parent outright refuses or disappears | Documents constructive notice; strengthens later criminal/economic-abuse complaint. |
| Prior verbal promises exist | Converts informal agreement to a written record; can be attached to barangay summons. |
| Parent abroad (OFW) | Serves as proof for POEA recruitment agencies or Philippine consulates. |
4. Essential Contents of the Letter
- Heading & Address – Full name and address of the obligor parent.
- Statement of Relationship – Identify the child, indicate date of birth, and establish paternity/maternity (e.g., birth certificate details or court recognition).
- Legal Bases – Cite Art. 195 et seq. of the Family Code and, where applicable, RA 9262.
- Current Needs & Arrears – Itemize monthly/semester amounts (tuition, food, rent share, medical insurance, etc.). Attach receipts/quotations whenever possible.
- Demand & Deadline – A clear, lump-sum figure for arrears plus a continuing monthly amount, with a reasonable deadline (10–15 days is common).
- Mode of Payment – Bank account/GCash number; condition that payment by check be payable to the child’s custodian.
- Consequence of Non-Compliance – State intent to file (a) barangay complaint for economic abuse; (b) criminal case under RA 9262; and/or (c) civil action for support.
- Signature & Notarization – Signed by the demanding parent or counsel; notarization is recommended for evidentiary weight.
- Proof of Service – Send via registered mail, courier with tracking, or personal service with a signed acknowledgment.
5. Drafting Tips
| Tip | Rationale |
|---|---|
| Keep tone firm yet professional. | Avoid accusations that may be deemed harassment or libelous. |
| Itemize expenses, attach supporting documents. | Aids the court or barangay in computing support. |
| Use pesos and figures (e.g., “₱12,000.00”). | Prevents ambiguity. |
| Do not threaten criminal charges lightly. | Threatening without basis may backfire and violate ethics rules if drafted by counsel. |
| Retain copies of everything. | Needed for annexes in future pleadings. |
6. Sample Demand Letter (Template)
[Your Name] [Address] Mobile No.: __________ Email: __________
Date: 30 May 2025
[Name of Obligor] [Address]
Re: Formal Demand for Child Support of [Child’s Full Name] (born DD Month YYYY)
Dear [First Name]:
I am writing regarding your legal obligation to support our child, [Child’s Name], now ___ years old. Under Articles 194-208 of the Family Code, both parents must provide financial support proportionate to their means. Your continued refusal/failure to contribute constitutes economic abuse as defined in Section 3(e) of Republic Act 9262.
1. Outstanding Arrears
(a) Tuition/School Fees (SY 2024-2025) ₱ ________ (b) Food & Groceries (Jan–May 2025) ₱ ________ (c) Healthcare & Medicines ₱ ________ Total Arrears ₱ ________
2. Monthly Support Going Forward
Effective July 2025, please remit ₱ ________ on or before every 5th day of the month. Deposit to [Bank/GCash details] or deliver to my residence.
3. Demand
Kindly settle the total arrears of ₱ ________ and thereafter maintain the monthly support not later than 15 June 2025.
4. Failure to Comply
Should you ignore this demand, I will be constrained to:
- File a Punong Barangay complaint for support and economic abuse; and/or
- Initiate criminal action under RA 9262 and a civil case for support before the proper court, with costs and attorney’s fees.
I hope we can avoid litigation for the sake of our child. I look forward to your prompt compliance.
Respectfully,
[Your Printed Name] (Custodial Parent)
Cc: [Lawyer’s Name], Counsel
Enclosures: • PSA Birth Certificate of [Child’s Name] • Summary of Expenses & Receipts (Annex “A”) • Copy of This Letter (for signing upon receipt)
—End of Sample Letter—
7. Next Steps After Sending the Letter
Wait for the deadline. If partial payment is tendered, confirm in writing whether you accept it as partial compliance only.
Barangay Mediation (Lupon Tagapamayapa)
- Mandatory for parents residing in the same city/municipality (Katarungang Pambarangay Law).
- The Punong Barangay may issue a Subpoena; failure to appear may result in a Certification to File Action.
DSWD Social Welfare Intervention
- Particularly useful in RA 9262 complaints; social worker prepares a Case Study Report.
Criminal or Civil Filing
- Criminal: Violation of RA 9262 (penalty: imprisonment + protection order + support).
- Civil: Action for support (Rule 61, Rules of Court) with possible support pendente lite.
Execution & Enforcement
- Withholding orders to employer or SSS benefits.
- Garnishment of bank accounts.
- Hold Departure Order (HDO) in extreme cases.
8. Common Questions
| Question | Quick Answer |
|---|---|
| Can support be reduced later? | Yes, either parent may petition to increase or decrease support based on supervening changes (Art. 202, Family Code). |
| Is notarization mandatory? | Not legally required but strongly recommended for evidentiary purposes. |
| May I demand retroactive support? | Generally yes, from the date you formally demand it (Art. 203). |
| Does the letter stop child from seeing the parent? | No; support and visitation are separate rights. Withholding either is discouraged. |
| Can grandparents be sued? | Only if parents are financially incapacitated (Art. 199). |
9. Practical Checklist
- Gather receipts / bills.
- Compute arrears and monthly need.
- Draft demand letter; cite laws.
- Sign and notarize.
- Serve via registered mail/courier; keep proof of service.
- Diary deadline and follow-up steps.
10. Final Reminders & Ethical Note
- Legal Representation. While a layperson may write the letter, engaging counsel ensures correct computation, tone, and strategic positioning—especially if RA 9262 charges may follow.
- Best Interests of the Child. All negotiations should keep the child’s welfare paramount; avoid turning the letter into a weapon of hostility.
- Good-Faith Negotiation. Philippine courts view with favor parents who first exhaust amicable means.
Disclaimer: This article provides general information, not legal advice. For case-specific guidance, consult a licensed Philippine lawyer.
With this guide and template, you now have a self-contained roadmap—from drafting and serving a demand letter to enforcing child support obligations under Philippine law.