Topic 3 of 7
Philippine Child Support
Ask yourself
What does a parent legally owe their child?
Introduction
Every child has the right to be supported by their parents, whether the child is legitimate or illegitimate and whether or not the parents live together. Philippine law treats support as an obligation that cannot be waived.
What is it?
Support covers everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. Education includes schooling or training for a profession, trade or vocation, even beyond the age of majority.
Legal basis and applicable laws
- Family Code, Articles 194 to 208 — Support
- Family Code, Article 176 (as amended by R.A. 9255) — rights of illegitimate children
- Republic Act No. 9262, Section 5(e) — deprivation of financial support as economic abuse
Important legal provisions
Article 194, Family Code
Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
Article 195, Family Code
Spouses, legitimate ascendants and descendants, parents and their legitimate and illegitimate children, and the legitimate and illegitimate children of the latter, are obliged to support each other.
Article 201, Family Code
The amount of support shall be in proportion to the resources or means of the giver and to the necessities of the recipient.
Article 203, Family Code
Support is demandable from the time the person needs it, but shall not be paid except from the date of judicial or extrajudicial demand.
Rights and responsibilities
Your rights
- Children — legitimate or illegitimate — have the right to receive support from both parents.
- The amount may be increased or reduced as needs and resources change (Article 202).
- The right to support cannot be renounced or transferred to a third person (Article 2035, Civil Code; Article 203).
Your responsibilities
- Both parents share the obligation in proportion to their resources.
- The parent with custody must use support for the child's benefit.
- Illegitimate children must first establish filiation (e.g., recognition in the birth certificate or a written admission) to claim support from the father.
Legal procedures and remedies
- 1Send a written demand for support to the parent — support is payable from the date of demand.
- 2If refused, file a petition for support in the Family Court; support pendente lite (while the case is ongoing) may be requested.
- 3Where the denial of support is used to control or harm the mother or child, a complaint may be filed under R.A. 9262.
Important reminders
- 1There is no fixed percentage or amount in the law — it depends on the needs of the child and the means of the parent.
- 2Keep receipts and records of the child's expenses.
- 3Make the first demand in writing so you have proof of the date.
A child's right to support cannot be waived by any agreement between the parents. If support is being withheld, demand it in writing and seek help.
Frequently asked questions
Is an unmarried father required to give support?+
Yes, once filiation is established. Illegitimate children are entitled to support under Article 195 of the Family Code.
Does support end when the child turns 18?+
Not necessarily. Under Article 194, support for education may continue beyond the age of majority while the child is completing schooling or training.
Legal references
- [1]The Family Code of the Philippines E.O. No. 209, Articles 176, 194–208 — LawPhil
- [2]Anti-Violence Against Women and Their Children Act of 2004 Republic Act No. 9262, Section 5(e) — LawPhil
This page is for educational purposes only and does not constitute legal advice.