2018 Guide to Child Support in Philippine Law

by | Oct 7, 2018 | Family Law, Custody & Support

An angry couple fighting amidst the tears of a crying baby.

Child support is a major area of disagrement among separated couples.

Child support is often an major area of disagreement between separating spouses, bogging down proceedings and causing increasingly hostile negotiations.

The Philippines has several laws dealing with custody and support of children.

Philippine Law and Child Support

A child is entitled to support from both parents

A baby is expensive!

Support in the law is described as everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

The law emphasizes that this support should include schooling or training for some profession, even beyond the age of majority. [Art 194, Family Code of the Philippines]

Those who are obliged to support each other are enumerated in Art 195:

  • The spouses;
  • Legitimate ascendants and descendants;
  • Parents and their legitimate children and the legitimate and illegitimate children of the latter;
  • Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
  • Legitimate brothers and sisters, whether of full or half-blood

You’ll immediately see that regardless of whether the child is legitimate or illegitimate, support is an obligation from both parents.

How much support can I expect?

You might think there is some support calculator to define exactly how much support you can expect for your child.

You’ll be surprised to know that how much support really differs from case to case.

The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. [Art 201, Family Code of the Philippines]

A scale showing the balance between support needed and the support that can be given.

The needs of the child is balanced with the income generated by the parent.

What this means is that support really depends on the capacity of the giver.

Does he or she have good investments?

Does he or she have a good job?

If that is the case, support can be drawn from these sources. If not however, there is no possible way that support can be received even if there is a court order for it.

If you are preparing to negotiate with your ex-partner, it would be helpful to create an accounting of the child’s expenses for schooling and maintenance.

This can help guide the discussion and set realistic expectations.

How can the court order for support be implemented?

A gavel surrounded by the items that can provide child support.

Enforcement plans need to be thought through!

You might think that after receiving a court order, support will automatically be sent to your account from your ex-partner’s.

It is a little more complicated than that.

As the Philippines has no uniform infrastructure to ensure support is actually given, the options for receiving support can be very specific:

  • You might be able to request the deduction of support from your ex-partner’s payroll.
  • You might be able to receive support by asking the court to garnish his assets such as by taking his cars or other properties.

These court orders can then help ensure that the court’s decision translates into actual financial support for the child.

R.A. 9262 or Criminalizing Lack of Father’s Child Support

A father can be charged through RA 9262 when he doesn't provide support

RA 9262 criminalizes lack of support.

R.A. 9262 puts pressure on a father to provide for his child by threatening him with criminal action if he does not provide support.

Section 5 e (2) in particular discusses Child Support:

Depriving or threatening to deprive the woman or her children of financial support legally due to her or her family, or deliberately providing the woman’s children insufficient financial support.

Meanwhile, Sec 6 (c) discusses the penalty as punishable by prison correctional or jail.

In successful support cases, however, it is when there is true cooperation and trust that the child’s welfare is of primary importance that support is consistent and regular.

It is when a father is involved in the discussion and that he trusts that the money is truly going to his child that support cases achieve their goal.

How do I file a Child Support Case?

You’ll usually file a case for child support where one of the spouses resides. It may be its own independent case or ancillary to a case for legal separation, annulment of marriage or the like.

Once the case is filed, your court will send a notice and the full copy of the petition to your ex-partner ordering him to show why the petition should not be granted.

A child split between two parents.

Child support begins with filing a case.

Your court will then conduct a preliminary conference between the parties to see if a resolution without full-blown trial is possible.

In the meantime, the court has the power to issue provisional orders for support after giving the other party the opportunity to respond to the provisional claim and the allegations about the financial conditions of both parties, as supported by affidavits, depositions or other authentic documents. The court can, therefore, issue a provisional order for support which will be enforced even while the case is not yet finished.

The guidelines for such provisional support are as follows:

The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership.

Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

In determining the amount of provisional support, the court may likewise consider the following factors: (1) the financial resources of the custodial and non-custodial parent and those of the child; (2) the physical and emotional health of the child and his or her special needs and aptitudes; (3) the standard of living the child has been accustomed to; (4) the non-monetary contributions that the parents will make toward the care and well-being of the child,

The Family Court may direct the deduction of the provisional support from the salary of the parent.

Parents arguing with a baby between them.

Agreement between ex-partners is essential!

But if the court elects not to order provisional support, all your evidence and witnesses’ testimonies will be heard in a full-blown trial and then the court will make its decision.

You might wonder how long a full-blown case for support lasts.

Well, it depends on how quickly you and your ex-partner can agree on terms.

When you and your partner can negotiate a compromise agreement where both needs are met, then the court process is smoother. You may spend only a year to a year and a half in court.

However, it can take years if you and your ex-partner cannot agree and are unwilling to compromise.

How much will I spend?

A child watching his parents argue about support.

Costs depend on how quickly you can come to an agreement.

When you and your ex-partner cannot agree, a case will become more complicated and more expensive.

More evidence, court appearances, and coordination between lawyers will be required.

As such, the cost of the case will primarily depend on you and your spouse.

The normal court costs are the following:

  • Acceptance fee which varies per lawyer and depends on how complicated your case is
  • Court fees for filing the petition
  • Document processing fees such as notarization and postal service
  • Pleading fees for each written submission to the court
  • Court Appearance fees for each appearance to the court

What documents do I need for a Child Support Case?

People amidst documents they've put together for child support

Gather documents to support your case!

You’ll need several documents for a child support case:

  • PSA Birth Certificate and proof of paternity such as Affidavit of Paternity and any other proofs, if illegitimate.
  • PSA Marriage Certificate if you were married
  • Summary of receipts and expenditures related to the child
  • Summary of properties and proof such as titles, bank accounts, etc. of the other spouse
  • Summary of your ex-partner’s income and proof

The more information that you gather helps in explaining to the court what the requirements of the child are in addition to proving the capacity of your ex-partner to pay.

This is important and helps a great deal.

What if my ex-partner is a foreigner and or abroad?

Two people in separate parts of the world.

When an ex-partner is abroad or a foreigner, it may be more complicated to get support.

When your ex-partner is a foreigner and when he currently lives abroad, the laws of his country and of the country where he currently lives in comes into play.

Obtaining and enforcing a court order may require engaging lawyers in the foreign country. Furthermore, your personal appearance abroad may be needed to file the petition there. What is required will depend on the law of the country from which relief is sought. It will certainly require close coordination between you and your lawyer.

Your ex-partner can be asked for child support in his home country and be compelled to pay, especially when:

  • The child is a citizen of that country
  • There is clear proof of paternity/maternity

In the United States, there are a number of ways to compel a parent to provide support.

The amount owed may be deducted from wages otherwise his passport may be confiscated, his driver’s license suspended or he may go to jail among other penalties.

Resorting to these will require some familiarity with the laws involved and the possible enforcement mechanisms.

136 Comments

  1. Maricris Young

    good day. i want to file for child support claims but don’t have the capacity to pay the lawyer, since my salary are used up for all the daily expenses. i have 2 daughters, 13 and 11 years old girls. i suffered verbal aggression from my husband and he doesn’t do his obligations to our family, adding up to it is he is bipolar, as to my experience of saving our marriage for 14 yrs. that’s why i’ve been separated for almost 2 yrs now. i badly need your advice since he is threatening me that he will hex/bewitched me because i am telling him that he needs to face his obligation of giving financial support to our daughters but he keeps on turning it back the blame to me regarding the school expenses (tuition) of my daughters. it’s been 10 months of not receiving any financial support from him plus he owes me 20k for all the payment i’ve made for thr tuition in which he didn’t gave any money for it. thank you.

    Reply
    • Lawyers in the Philippines

      Will send you an email.

      Reply
  2. Anonymous

    I am glad ive read your article. I have the same dilemma with my husband. Ive suffered verbal abuse. I want to ask for financial assistance as well. Since we were married i didnt obliged him to give as long as he wont give me any problem. We are both teachers. People would be easily fooled by him coz he is so professional from jead to toe. A total package with his looks. But it was all a lie. He would accused me of cheating.. He would call me names like slut.. And it breaks me everytime he does that. Please help. Thank u so much in advance

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  3. anonymous

    I am a Filipino citizen wanting to ask on what to do about the child support for my kids from their father. We were married in civil and in church in 2003. I had filed a case against my husband – it is under R.A. 9262 (anti-violence against women and children)in 2004. The case was finished with a court order for the child support. But my husband did not comply with the court order when he arrived in Canada with a working permit in 2012. He is now working there. He complied to the support order in 2010 until early 2011. On the later part of 2011, he is only giving half of the amount of the support. Until 2013 came, no more support as in none. It is just now that I have learned about his whereabouts and all we want is for him to continue his child support to his 2 legitimate kids compared to his illegitimate kids all born in Canada.
    I want to inquire about the steps I need to do for the child support. Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      You’d need to have the court order enforced in Canada.

      This may involve referring it to Canadian authorities.

      Will send you an email.

      Reply
  4. Carla

    Hi. I would like to asked your assistance. My husband has an illegitimate son with her ex-girlfriend. My husband is continuously providing financial support for his son but the child’s mother keep on demanding more which my husband could not afford. what will be our move for this? Thank you.

    Reply
    • Lawyers in the Philippines

      Hi:

      By law, the amount of child support depends on the needs of the child and the capacity of the giver.

      You may want to prepare a summary of your husband’s income and expenses and present a justification of what and why he can give a certain amount.

      If they cannot agree between them, the figure may need to be settled in court.

      Reply
  5. Marilyn M.

    Thank you for the article. I am currently pregnant with a child out of wedlock. The father of the child has stopped communicating since we found out about the pregnancy. I have a stable job, but is still worried about the financial burden that I have to face all alone especially after the child’s birth. How and when can I claim for child support? Please help. Thank you.

    Reply
    • Lawyers in the Philippines

      Hi Marilyn:

      If you and the father cannot reach an agreement, a child support case may be filed in court to compel the father to provide.

      The details and the process can be found in the post above.

      Reply
      • Anonymous

        Hi. I also have a problem with the father of my son regarding support. Can I have a legal advice regarding that? I want to make him to support our child because my salary is not enough to raise our child. I don’t have enough money to pay for a lawyer. Can you help me? Thank you

      • Lawyers in the Philippines

        I usually suggest trying to come to a compromise with the father.

        However, if this is not possible, you may wish to involve the Barangay or DSWD. They can help get the father to talk to you.

        If no compromise is possible, the Public Attorneys Office can assit in filing a case if you qualify for legal aid.

  6. Mika

    Hi I would like to ask your assistance. The father of my child is not supporting for years. As much a I remember he only gave once this year. I am planning to file child support but I don’t have the capacity to get my own lawyer. How and what is the process of filing for child support in either DOJ or DSWD? How long is the process for child support request? Please do let me know. As i am worried that my daughter will start schooling next year too. Thank you!!

    Reply
    • Lawyers in the Philippines

      Hi Mika:

      Go to your local hall of justice and speak to the Public Attorney. He can assess your situation and advise you.

      The process can take a minimum of 2 years and you will have to spend for court fees, document gathering and notarization expenses and other incidental costs even if you engage the Public Attorney.

      In addition, work out the correct enforcement method with your attorney.

      Reply
  7. Domiliza

    Hello I need help. I am married to a german we have a child two yrs old. And he left us. Im not begging for him to stay anymore as he decide to leave us completely for another woman. now my concern here is his support. im a fulltime mom. And only wants to take care of our child. Before when everything was ok. He would send me 20k a month which is totally fine for everything. Like bills house rent needs of my daughter foods etc.
    Now that he wants he leave he only send us 10k a month php. Knowing he has 5k euro a month of sallary. I need help how can i demand him more because 10k is a struggle for me and my daughter. I need your help.

    Reply
    • Lawyers in the Philippines

      Hi Domiliza:

      I’m sorry for the situation.

      The Philippines has no authority over a foreigner not in the Philippines.

      It may be best to consult a German family lawyer and file a case in Germany, if necessary.

      Reply
  8. Joan

    Hi. If the father (my ex) refuses to divulge information about his work and earnings, can he be compelled to do so legally?

    Reply
    • Lawyers in the Philippines

      Hi Joan:

      Yes, the court can compel the father to divulge information about his work and his earnings in the course of a court case.

      Reply
  9. Danah

    My ex and i got separated after he knew i was pregnant he never get the chance to sign on the Birthcertificate of my child,is it possible to file child support with my case?my daughter is now 21 months and he barely see his child nor give financial support even when i beg money for medical reasons he failed to give help for my child.

    Reply
    • Lawyers in the Philippines

      Hi Danah:

      You will need proof of paternity to request any child support.

      An affidavit of paternity or other official document would be sufficient.

      Reply
  10. Pedrito

    Hello. just one question. When will the support for the child will stop?At what age?

    Reply
    • Lawyers in the Philippines

      Although the age of minority is significant, there is no absolute age when support must stop provided there is a reasonable need.

      Reply
  11. Jennifer O. Anastacio

    Good day. I need assistance. I have a daughter who is just 3months old to a Bangladeshi who is currently residing in Dubai UAE. After giving birth here in Philippines I send my baby’s birth certificate in Dubai for him to sign. And he actually acknowledged my daughter and let her use his surname. After that he already stop sending financial support for my baby. How can I demand him to give financial support for my daughter? Please give me advice. Thank you

    Reply
    • Lawyers in the Philippines

      Hi Jennifer:

      Since your ex-partner is a foreign national, it is best to consult with a lawyer from his home country to see what can be done.

      Additionally, it may be wise to consult a lawyer where you ex-partner currently is to see how it can be enforced.

      Reply
  12. Nina

    Hi,

    Good day!

    The father of my two kids works in Kuwait but I don’t know what company, where can I ask for help to legally demand for support?

    Thank you!

    Reply
    • Lawyers in the Philippines

      Hi Nina:

      If the father is a foreigner, it is best to consult with a lawyer from his home country.

      If he is a Filipino, then it is possible to try for support within the framework of Filipino law.

      Reply
  13. Arriane

    My boyfriend is korean he never support financially to our dauhter before we live in together until i gave birth when my baby 4 mos he back to korea without any support after 7 mos he back to philippines fee months later i caught him with other girl now he change house now i decided just he must go back to korea and give our daughter financial support. Tha he staying here in philippines just flirting other girl

    Reply
    • Lawyers in the Philippines

      Hi Arriane:

      If your boyfriend is in the Philippines, you can certainly ask for child support.

      You can also bring this up with the barangay or DSWD.

      As a last resort, a case can be filed through the Public Attorney’s office in your local Hall of Justice.

      Reply
  14. Mae

    Hi,
    Good day!
    I have 3 kids 14,10 and 9. I want to separate with my husband because i cant take it more for being a womanizer his being a liar. How many times that he cheated on me. But he never accepted it even i have evidence.
    My concern is i want a child support but he refuse it. What will i do?

    Reply
    • Lawyers in the Philippines

      Hi Mae:

      You can file a cases for child support to compel the father to provide for the children.

      However, note that the amount of support depends on his circumstances.

      If he does not have a good income, then support can be limited.

      If he does have a good income, support can be requested. I usually suggest that efforts to come to a compromise agreement with the father first be attempted to see what can be done.

      If he refuses to speak with you, the DSWD or the barangay may be able to help.

      Reply
  15. Gail

    I am a filipino citizen single mom who wantstto file a case legally to the father of my daughter. I always say that I will sue him. And don’t believe it. He advise me to go file if I want since he don’t care.should I file it .what will I do.?

    Reply
    • Lawyers in the Philippines

      Hi Gail:

      Be sure that a case is what you wish to do before beginning.

      It can be a long process.

      Perhaps, efforts to come to a compromise agreement can be attempted first. The barangay and DSWD can help bring pressure to bear on the father to speak with you.

      If all else fails, then filing in court through the Public Attorney’s Office may be attempted.

      Reply
  16. Nemfss

    Hi im currently 7months pregnant now and im 20yrs old my ex-boyfriend is 29 yrs old. I still tried to continue working before however due to some complications on my pregnancy i was advised to stop working. Me and my ex-boyfriend already made an agreement in their brgy hall for child support. In that agreement its stated there that he will be sending the support every 15th and 30th of the month. However when i tried to remind him about the money that he supposed to give. He just blocked me in fb and my number so i cant contact him. Hes also calling me a slut whore. And even cursing me. When he was the one that is cheating he also posted a pic of me showing the upper part of my body. He created a dummy acc using my name and pics.

    Reply
    • Lawyers in the Philippines

      Hi:

      I’m truly sorry about the situation.

      Given your circumstances, it may be best for your to approach the Barangay or DSWD.

      If you need to file a case, you may also want to go to the Public Attorney’s Office in your local hall of justice to ask for free legal advice.

      Reply
  17. Anonymous

    Hi. I am so glad I was able to read this article. I have been searching the net on what to do to oblige the father of my child to give support regularly. He is giving inconsistently, I understand that he cannot provide if he is not on board as he is a seafarer. But for the duration of his contract, he is not giving every month. I want to file child support but do not have capability financially to do so. I have learned that he is now home. Can I go to their Brgy and summon him to appear as he refuses to have a word with me? He has a new family and the girl is the one replying to my messages. We are married but never lived together. Pls help.

    Reply
    • Lawyers in the Philippines

      Yes, you can go to the barangay to discuss this with them and ask for their help.

      Reply
  18. Jveh

    A child who is on legal age and working still hav the right to claim legal suppport to their jobless father?

    Reply
    • Lawyers in the Philippines

      Provided there is a reasonable need, support can be asked above the age of minority.

      Asking support from a jobless father is possible but support is apportioned from his income. Since the father has no income, no real support can be expected.

      Reply
  19. M

    Hello 🙂 Iam glad I have found you’re website here I also needed to file a case for a child support.we are not married and my ex acknowledged my daughter and she is using his surname,we are separated now and the father of my kid got married this yr.and he refused to give financial support and he is working now in Sydney Australia how can I sue him? Please help me,thank u and GOD BLESS U ALL 🙂

    Reply
    • Lawyers in the Philippines

      Will send you a email.

      Reply
  20. Ara

    Hello,hope you guys are doing well upon receiving this message. I have 2 kids,11 and 10 years old. The father of my children is an OFW in Taiwan,this is his 2nd time working there and still his not supporting his children. We are not married but in my children’s birth certificate, it showed that we were. We have our own live in partners but I already have a child with mine. Can I still file for child support? The parents of my ex strongly declined for they are saying that I will just use it for the sake of my boyfriend and child from him(my boyfriend is working and been supporting us for 8 years)also, my children’s birth certificate contains false information, the person who registered these was already dead. What should I do? Thank you very much.

    Reply
  21. Anonymous08

    Hi, Good day!
    My husband is a policeman, I found out that he has 2 children with another woman that’s why I left the house, but prior to finding it out, I also experienced the same dilemma of being verbally and psychologically abused. Now, I am trying to reach out to him for the support for our 2 children ages 8 and 11, our eldest aged 17 yrs old is with him and he is making that as an excuse not to give for the 2 minors. And he kept on telling me that he has a lot of salary loans and that he is the one supporting the studies of our eldest daughter. I work in a call center here in Manila earning only 25,000 per month and my 2 children are in Laguna. Please help me as he kept on declining to give for our 2 children. May I know what are my rights as a mother?

    Reply
    • Lawyers in the Philippines

      Hi:

      At this point, the Barangay or DSWD can be involved to help the father come to a settlement with you.

      You may wish to try this before filing a case.

      Reply
  22. Tanya

    Hi, id like to seek your advise, thanks.
    I have a 7-year old son with Cerebral Palsy. I had him out of wedlock with my ex. E didn’t sign the birth certificate either. His father won’t provide consistent yearly expenses. A few weeks ago I mentioned to the father of my child that I will finally bring this to court. I am asking for 40k a month because of the needs of the child for therapy, tuition and other daily necessities. Then I asked for 40k and in exchange I won’t file a complaint against him. After negotiating, it seemed that he agreed to the amount said and he said he will send it through bdo account which he did but when I checked he only gave 20k. I asked why only 20k and he said it’s because that’s the only amount he can afford.lbut what’s confusing is that’s not what we spoke about. Then he said he never agreed to 40k. He keeps playing with me. Now I’m not sure
    If filing a complaint against him is a good idea or not. I need stability for my sons financial support. Also he is an Indian national who has been living here for years. He showed his paycheck to a PAO lawyer that’s says he earns 40,000 a month for allowance. It could be a fake payslip. I don’t believe it because he is the director of sales for a big company. He told me “something is better than nothing”. He said even if this reaches court, the expenses will be split 50/50. 20k is not even half of what is being spent for our son. He also does not want to take a paternity test. Can he refuse and how do I make the court make him take it. Can he also go to jail for not providing enough for his son? What if I don’t have a job or a stable job or what if I have a low paying job? Will I still be required to pay half? I’m also having money problems. So I can only ask for help from free attorneys at PaO or go to women’s desk or dswd. I just want my son to get what he deserves.

    Reply
    • Lawyers in the Philippines

      Hi:

      The situation is understandably difficult.

      A child is entitled to support from both his parents. The amount from each parent is in proportion to his or her capacity. If one parent has more income than the other, then he can be asked to shoulder more should his situation allow it.

      If you believe he is hiding assets or income, it can be part of the case to request an investigation of his assets/income.

      Should he have hidden income, then you may be able to claim more. In addition, the PAO might be able to help you work out how the amount can be paid and these enforcement measures must be discussed.

      Reply
  23. Susan

    Hi im glad I was able to open this site my delima is same as what others complaint I have a ex-live in partner due to some reason of mis understanding we got separated. We had one daughter a 2 months old daughter can I ask if I can filed him a case ra 9262. My ex bf is a marine surveyor a u.s base compnay but apparently his job aasignment is here in the phil. During mg pregnancy I wasnt able to received any support from him but that time we are in good condition and he is also working until now I gave birth with our 2months old daughter can I demand all the damaged/ all expensesincured while I am pregnant and a proper support to my ex-live in partner to his.illegitimate daughter, my daughter is using his fathers family name since his father acknowledge her. Can the support he obliged to support my child even if the case waa not filed yet? Ty hope to hear your reply asap!

    Reply
    • Lawyers in the Philippines

      Hi:

      Yes, it is often best to try to compromise with the father of your child before filing a case.

      The DSWD and the Barangay can often provide support/facilitate such agreements.

      Reply
  24. Anonymous

    Hi there. I’ve been thinking of pushing an action towards my son’s dad. We are not married, but my son’s surname is registered under his dad, he acknowledged and signed the birth certificate. My son is now 10 years old, and my ex-partner is already married with 1 child. They are living in Middle East and I am also based in Oceania region, and my son is with my parents in Manila. I am a full time single mother, in terms of financial needs specifically, not presently visible everyday but I make sure that all of my son’s expenses are taken care of. My ex-partner and I, as well as his wife, we are all okay, just civil. I tried so many times reaching out to them with regards to the child support, tried to be diplomatic and act as a proper educated person, but no response and no discussion from him with regards to the same. I used all the humble words, fine set of statements that could help him understand the situation and my point, leveling it to his understanding. But none of those clarified his senses. He once told me that he will not give any support to our child as he knows I am earning triple that what he is. He will only send material things like chocolates, toys, clothing, shoes (which are not really necessary, most as just wants but not needs) and cash like P3000.00 to P5000.00 (what can we buy with that amount nowadays?), take note only, during my son’s birthday or Christmas. This has been going on for the last 8 years. My concern is, it doesn’t matter how big my salary is and my earning ability should not affect his support to his son. My family and friends are advising me to bring the situation to the next level, however, I am still hesitant as I know it would take a lot of time, money and effort. One more thing is my parents are not getting any younger, and no one will be able to assist to process it in Philippines in the event that I am working overseas. I am not a rich lady who can pay the smartest lawyers in the country, I have other priorities to be taken care of firstly. It would be really grateful if you could please guide me on what is the best thing to do, the options, expenses, pros and cons and the percentage of getting what my son deserves. Thanking you in advance.

    Reply
    • Lawyers in the Philippines

      I will send you an email.

      Reply
      • Winter Charm

        Thank you very much. I will check the mail and will keep you posted. Happy New Year!

  25. Richelle

    Hello. I have a 7-yr old daughter. Her father is not giving any financial support since 2015 and we are not married. Recently, I asked him if he can already support our child since he already graduated from school (he’s 25years old, I am 26 and currently 4yrs employed) but he answered that he is still not capable due to lack of employment. But he also said, that his father (grandfather of my child), who is in abroad, can support my daughter provided that the child shall live with them. They want my daughter to live with them then they will support her fully. Of course, it is a NO for me. I want my daughter to live with me, and I want them to support my child. My daughter’s father is the only child, and her father is working abroad just for him so I think that they can afford supporting my child. And he is already matured enough to make himself a living enough to support the child.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  26. Ms J

    Hi. I need some help if my 2 kids can have support from their father who now works on Canada. Our kids are grown up but have lack of financial support to start their lives as they were just left hanging. The 2nd child was never ever been given support and even humiliated. I need more information about this. Thank you and hope to get a response from your Law Firm.

    Reply
    • Lawyers in the Philippines

      Hi Ms J:

      As the child is fully grown, the responsibility of the father can be weaker than when the child is still a minor.

      A request for child support in this instance must have a reasonable need.

      The court decides what constitutes a reasonable need as such, so you must go to court after assessing the strength of the case with a lawyer.

      Reply
  27. LJ Flores

    Hello. The father of my son is not on his birth certificate as well as baptismal certificate.. I would just like to know if his signature on my son’s school and medical records as the father is an acceptable document to prove that he acknowledges my son as his? Also can we use pictures of him and my son, when he is still days old as well as school activities? We also have text messages between the father and son.

    Thank you in advance and more power.

    Reply
    • Lawyers in the Philippines

      Hi LJ:

      The family code provides specifies the birth certificate, a notarized acknowledgement of paternity or a private handwritten document.

      Other means can also be allowed but a lawyer will have to examine the documents to determine if they can be used for child support.

      Reply
  28. FLuzano

    Please help and guide on how to file for a child support for my 7 year old son with ADHD. I’m full time mom for the reason to attend my sons needs cause he needs more attention than a regular child. I was verbally and physically abuse by my husband including my son. I dont want to be back with him anymore because its not healthy for my son to witness such chaotic incidents. My husband is a seafarer please help on how to file a child support.
    Thank you and God bless us

    Reply
    • Lawyers in the Philippines

      Will send you an email.

      Reply
  29. Anonymous

    Hi, I have a daughter who just turned 7 last Nov 2018. His father is a PNP officer, last August 2018 I went to Camp Crame’s Women’s desk to ask for my child’s support but he only agreed to give P6,000 a monyj which is obviously not enough for my daughter who’s already in grade 1. Can this also be a case so that he will increase my child’s support? Thank you!

    Reply
    • Lawyers in the Philippines

      It is possible to file a case to increase child support.

      However, remember that cases do take time. It is often best to try to come to a compromise agreement with your ex-partner.

      Bring a summary of the child’s financial needs to the meeting. Discuss what the money will be used for. If you prefer, you may ask the Barangay or DSWD to help you.

      If no agreement is possible, a case can then be filed.

      Reply
  30. Angel

    What if I don’t have a copy if the financial statement of the father can I still file a case. What is the best time to file for support. How many months should he not giving support before a case is file

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
      • christi

        i have same question as this. can you send me an email of advice too?

      • Lawyers in the Philippines

        The financials I refer to are a knowledge of the assets and income of the father.

        When you begin the process, the barangay will need to know what the financial capacity of the father is. If you are well informed as to his income and can support this with proof, it will help establish what the father’s resources are.

  31. Anne

    Hello I want to file a case for a child support.we are not married and my ex acknowledged my son and he is using his surname,we are separated now and the father of my kid has another child with his new partner now and he refused to give financial support. my son is already 3 years old and he always refuse to give support. how can I sue him? Please help me,thank u and GOD BLESS U

    Reply
    • Lawyers in the Philippines

      If you are determined to file a case, you may approach the Public Attorneys Office to have them assess your case.

      Bring proof of paternity or the childs birth certificate if it names the father.

      You will need to be eligible to avail of their services as they are for indigents.

      Reply
  32. Bella

    Good day and Happy New Year. I am grateful for this website link. May I ask advise on the ff situation:

    I recently got married. The year before I met him,  my husband had a child out of wedlock. They separated with his ex-girlfriend and they made an informal written agreement for financial support, including amounts and age of the child. The amount has not been religiously followed since my husband had income difficulties, but he was still able to send money every week. After our wedding, the ex is now demanding that he follow the amounts in the written agreement. Here are my questions:
    – Is this informal agreement legally binding?

    – We have just realized, that the amounts promised by my husband at the time of the agreement were too big for him to afford. And we would like to have it adjusted directly by a legal counsel. Mutual compromise is not an option because the ex girlfriend is already very demanding of this prior agreement.

    – In computing for child support from the non-custodial parent (my husband), is there a usual recommended percentage from the income? Lifestyle for the child is middle class, currently 2 years old. My husband is also middle class. May I divulge his salary via email?

    – His ex and the child live in Luzon, while my husband lives in Visayas. If the ex files for legal child support, should she do it in her hometown court or my husband’s? If in Luzon, is my husband legally bound to go there? Shouldn’t that affect his job and earnings just for appearance? Or can he comply paperworks without having to travel?

    – Is it possible to have a child support legally computed in advance by my husband to present to the ex, to show how much he is legally required to give, before the ex can file the case?

    Hope to get enlightenment. Kudos!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  33. Rita

    Thank you for the information you have shared with us, I have 2 kids and both of them are using there fathers last name , we are not married but we agreed that he will be supporting our children financially, and he’s been doing that for 6 years, but this year he refuses to continue supporting my children and bec. Of that i wanted know on how we can ask for a financial aid from him , my ex is filipinoamerican currently working as militar officer in the united states , i am working as a home base teacher and my salary is not enough to support both of them specially now that my youngest will start schooling this coming year . Thank you for your answer and god bless 🙂

    Reply
    • Lawyers in the Philippines

      Yes, you can file a case for child support in this situation, but you would need to file it in the father’s home country for it to be enforceable since Philippine courts have no authority over foreigners not in the Philippines.

      As the father is American, you would need to consult with American lawyers and possibly file a case there.

      Sent you an email with further details.

      Reply
  34. Zette

    Hi. Im married with 2 children a boy 15 yrs and girl 13 yrs old. My husband left us for 5 years now. He seldom gives support for our children which only ranges from P500.00 – P 1500.00 only what and when he wants to give. He is now with his new partner and he already introduced them to his mother. I want to file child support for my children for its been 3 years now that he hasn’t give regularly. He works as a freelance contractor and working with a family business. How can I file to oblige him to shoulder his children’s expenses for he earns much way higher than mine. I cannot afford to pay a lawyer for this my income cannot shoulder expenses which I will incur. Can you kindly help me?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  35. margie

    hello! The father of my son US navy , my son using his surname , and he acknowledge in his birth certificate and his baptismal certification. can i file a child support , then when i give a birth to my son his here in Philippines until our son 8 months old. then when i know that his still married in US i just make a decision to leave him. because im scared of his wife. and then my mother want to fight the right of my son. so we got an agreement with his wife in municipality with sign. in our agreement he support 10 thousand monthly. first he support in the first month the succeeding month no more. Till i know that his back to the US, and now my son is 13 years old. What should i do now… please help me. how to fight right of my son.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  36. Karleen

    Hi, my seaman brother wants to be separated from his wife.They have 2 children 7 nd 2yrs old.Where will he go to file a child support agreement?does he have to give 70% of his salary to his wife monthly? Thank u

    Reply
    • Lawyers in the Philippines

      Hi Karleen:

      There is no amount specified by the law for child support.

      Instead, the court examines the needs of the child and the income of the father. The court then dictates the amount of child support to be given.

      Before filing a case, I usually suggest trying to come to a compromise agreement with the other spouse. The Barangay and DSWD can help bring the other party to the table and can also mediate.

      Reply
  37. Sher

    I am currently in the United States. I took my daughter with me. She is 7. My ex wanted a constant communication with her but decline to send child support from the Philippines. Is this a ground for a case? We are not married. My daughter is illigetimate.

    Reply
    • Lawyers in the Philippines

      Hi Sher:

      Yes, you may file child support in the Philippines.

      However, I often suggest going to the mediation process first and forging a compromise agreement between you and your ex-partner. It can be done with the help of the Barangay or DSWD if he is not willing to engage you.

      To prepare, you will need to gather documents showing proof of paternity. Also prepare a schedule of expenses to show the financial needs of the child.

      If a compromise agreement is not possible, then a case may be filed.

      Reply
  38. Dove

    Hi id like to ask when is the best time to file a child support? Im currently living with my ex boyfriend since I havent found a new place yet and the abusive toxic relationship we had is not fixable anymore. I’m jobless but I also pay the shared rent, electricity and wifi through my little savings but I spent most on the grocers/toiletries alone. he buys wipes, diapers, milk and vaccine for our baby. Were like a room mates, he has a very dysfunctional attitude that whenver he’s mad or frustrated he’d scream and bang his head on the wall. I couldnt raise my child around him. If I leave the property, how long should I wait to file? I have a blotter record of him in our barangay few months back and I didnt went back to retrieve it. I tried asking him 30k few months ago, but all I got in return was name calling. His first priority was his (MBA) and the condo unit he’s paying for his mother for 5 years (He applied one when I was 6month pregnant). he doesnt share obligations with our baby, he’s always asleep and tired from work. I find it unfair. Can you please help me? I really want to get out of this toxic relationship and move on with our lives. All i ask is for him to support our 7 month old baby. Thank you!

    Reply
    • Lawyers in the Philippines

      Hi Dove:

      You can file for child support at any time.

      However, I would urge you to try to come to a compromise agreement with your ex-partner first. The barangay and DSWD can help.

      If this is not possible, then you can file for child support at court.

      Bring proof of paternity. Try to put together an estimate of what your baby needs. Try to put together an estimate of what your ex-partner earns. All of these documents will help your case.

      Reply
  39. Lara mae

    Good day. My son is illigitimate and his father gave us monthly allowance eversince. My question is, He will be graduating in Senior highschool this year. We don’t have communication I only message his wife for the needs of his son and the wife will send us. She said to me that my son is turning 18 and needs to work because maybe his father is planning to retire (captain of the ship) andcthey don’t have money to send the son to college. (They don’t have any children) My big problem now is my son still have the right to ask for college education? The father is rich. This makes my nights sleepless. I will wait for your reply. Thank you very much and God bless.

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  40. Karina

    Hello. I have a 2 yr old son and his father had not given financial support during my pregnancy until he has a work but rarely gives his earnings instead, his parents do so. We are not married and he left us just after I found out I was pregnant. I also had experienced verbal and emotional abuse after. He was not in my son’s birth certificate and my son bears my surname. He even said he withdraws his responsibilities as his father and doesn’t come to talk for financial agreements. His parents gives us monthly allowance of 2k which could now be insufficient as I am sending my son to school after his 3rd birthday. Pls help me on how can I ask for child support? What evidence and documents do I need?

    Reply
    • Lawyers in the Philippines

      Dear Karina:

      Proof of paternity must be established before any request for child support.

      If he is not in his son’s birth certificate, and Affidavit of Paternity or a Private Handwritten Instrument can be accepted. Another way is if the child is named as a beneficiary in any insurance or social security benefit.

      This is will then establish who the father is, after which child support can be asked for.

      Reply
  41. Anonymous

    Im the father and my son is with me since birth
    We got seperated and the only reason were communicating because of the child. I would like to ask if its legal to ask a support like a 50-50 support since we have the same amount of money/ salary. It just so happen that in my case its rare. Most of the cases here is the mother has thw child but my case is im with my son since birth.

    Reply
    • Lawyers in the Philippines

      Yes, it is possible.

      The law states that both parents are responsible for the needs of the child.

      Reply
  42. Rianne

    Hi, it was a good thing I came across your post as I was looking for answers to my problems. My son’s father is a Korean residing here in the Philippines. He used to support our son properly, but now it became insufficient and inconsistent. I want to file a complaint but I’m scared that he will stop supporting my son all together because of it. I am unemployed as he said I don’t need to work and just take care of our son. He’s also in a relationship now and has a child on the way. He blocked my number that’s why we can’t communicate properly. He also transfers dwellings often. What’s the best action I can do legally for him to support our son consistently? My son will start school this year. He’s a business man by the way. He always says he doesn’t have money but his actions and his girlfriend’s facebook posts prove otherwise. Thank you.

    Reply
    • Lawyers in the Philippines

      I sent you an email.

      Reply
  43. Single Mom Fighting

    Good Day, I want to file for child support but it lost and honestly don’t know where to start. The father of my child has never provided a single cent since our son was born who is now 6 yrs. old. My son carries my surname and the father of my son did not sign the birth certificate as well. Hoping you would be able to provide me guidance and assistance.

    Reply
    • Lawyers in the Philippines

      Hi –

      It is first important to prove that the father is actually the father of your child.

      The proofs needed are: the father’s acknowledgment on the birth certificate, Affidavit of Paternity or a Private Handwritten instrument. If the child is a beneficiary of a life insurance policy, this may also help. A DNA test also provides supporting proof.

      It is important to first prove paternity to file for any child support.

      Reply
  44. Rey Navato

    Good day i would like to ask how about if my ex-wife is already receiving 20k a month for my 4 yrs old and asking for additional money and to add I’m the one giving tution fee for my son can i file a case to her.
    She have a decent job and good salary which is since birth I already giving 20k a month what should i do?

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  45. marianne

    Hi. What if the the father claims he is unemployed?

    Reply
    • Lawyers in the Philippines

      If the father is unemployed, filing for child support will not result in any actual support.

      If the father claims he is unemployed but is actually employed, you will have to investigate to refute his claim. Evidence should be gathered and presented.

      Reply
  46. IamTheWOman

    Hi, im glad i came accross your site. I was married like almost 14 yrs ago and been separated (not legally) for about 12 years. He never provided for his child, i used to send him messages before to ask. Til i got tired of it. Til i saw him with a new partner and they have kids. He gave a few money for tuition fee then that was it. Whenever i ask, he would give me a hard and would just give whenever he wants to, like P600 after a few months. Please help me, i wanna file a child support. i need help! What can i do to get started?

    Reply
    • Lawyers in the Philippines

      Hi:

      In many cases, the DSWD and the barangay can help you at least have a conversation with the father.

      This may help bring you to a compromise agreement. A compromise agreement is often best in many cases.

      Should a compromise agreement not be possible, you may wish to go to the PAO or a free legal aid clinic. However, note that they only serve those with monthly income of P14,000 in Metro Manila, P13,000 if in other cities, and P12,000 for other Philippine locations.

      If you are not eligible, a private lawyer would be the only solution.

      Reply
  47. Ellie

    Hi, im a single mom with a 3yrs old son, as ive read the other posts here asking for possible child support you mentioned about the need to establish first the relation of the father to the child if he didnt sign on the birth certificate, my question is how can i file the affidavit of patternity? Do we need to have dna test to proved the patternity, what if he refuses to undergo the test? In the case that he agreed to support the child bt with the condition that i will change my son’s surname to his name and i refused can i still demand a financial support from him? please enlighten me., thank you

    Reply
    • Lawyers in the Philippines

      Hi Ellie:

      An affidavit of paternity is an affidavit executed by him acknowledging the child. It is a notarized written document stating paternity.

      A DNA test may help but he must of course be persuaded to undergo this.

      Regarding your question of whether you can demand financial support when you refused to have your son carry his surname, this is possible. However, it must still be proved that he is the father.

      Reply
  48. Anonymous

    Can an ex wife (legally annulled) file for child support if the son is already 18yrs old? If the ex husband is already married, where will the support be based on?the ex husbands income or the income of both the new wife and the ex husband?

    Reply
    • Lawyers in the Philippines

      You can ask for support above 18 years old but this must be supported by a reasonable need as it is more commonly requested for the age of minority.

      This would then be brought to court for the judge to decide if this reason is valid.

      If there is a request for support, it is the father’s responsibility to meet it and not his new partner.

      Reply
  49. ConfusedMom

    Hi Atty. My partner and I weren’t married but our child is legitimate. He has birthcertificate under his surname with my partner’s signature and Baptismal certificate. We are living in together since my pregnancy, and now were no longer happy to each other due to his anger management and dysfunctional character. When it comes to financial, He dont prioritize us but his studies (MBA) or courses/trainings he wants to take. He’d buy diapers in bulk, milk, baby wipes, and other baby stuff. And since were no longer happy seeing each other everyday, I plan to move out since I moved here to be closer to him and his family. My question is what is the first step should i make and what should be my demands for child support? He is now earning 60k and refuses to support 30k a month because he has payables (Studies/Trainings/Travel funds/

    Reply
    • Lawyers in the Philippines

      Try to negotiate a compromise agreement with the father.

      Note that he is not obligated to give 50% of what he is earning – the law states that the amount to be given is informed by the father’s income and the needs of the child.

      Reply
  50. Andrew

    Good day! My name is Andrew, 22yrs old. Just today my ex live in partner send me a summon, asking for a child support. We have been separated for almost 3years now because I caught her cheating. Now that I had recovered from my past, got a new live in partner (which is currently pregnant with my child) and got a new job with a minimum salary. My ex live in partner wanted to go in college, telling us that she cannot support the child alone while studying. She asked 50% of my salary. I didn’t refuse to support my child but I wanted to support according to my means. I can only provide a little since my current live in partner is about to give birth next month and I have other expenses like boarding house, motorcycle and I’m supporting my old parents too. How can I calculate my supposedly child support on my ex’s child? Can I gave any amount instead according to my means? I badly need an advice. Your reply is highly appreciated. Thank you!

    Reply
    • Lawyers in the Philippines

      Sent you an email.

      Reply
  51. Aki

    Good day! My husband had a son with his ex-girlfriend who is now 7 years old. The kid’s mother never showed up, never sent anything for his, not even a greeting on his birthday. Can we demand child support from her?

    Reply
    • Lawyers in the Philippines

      Yes. Both parents are responsible for supporting their child.

      Reply
  52. Samantha Reyes

    Good day. My husband had a 7 year old daughter from her ex live-in partner. They were together for 7-8 years but separated because of misunderstandings. I am pregnant and unemployed that’s why he shouldered all our expenses resulting to little support for his daughter who is living with her maternal grandma in the province. The ex partner is living with another man in NCR, is supporting their child. They are threatening him that they will file a case to imprison him. My husband is under pressure since he is the only one providing the needs of our family. He tries his best to earn more by overtime at work to send money to his daughter. What can we do about this if they push the case?

    Reply
    • Lawyers in the Philippines

      Your husband’s income is the absolute limit of what can be asked for.

      Support for a child can only be taken from his income and if more is not possible, this must be made clear to the mother.

      Explain your household needs and expenses. Show the amount that your husband earns and what it is allocated to. Present proof that he has fulfilled his obligations to his daughter as best as he can.

      If this is not enough and they file a court case, you may then have to engage legal counsel.

      Reply
  53. Anonymous

    Hi, I’ve been reading articles about filing for a child support. My ex and I broke up since 2011 and he have not provided any support to our son. I have a low income which is just enough for daily expenses. This got me thinking that I have provided my ex the leisure of living without responsibilities. So Im needing some advice on how can I file for child support and what are the initial do uments needed for it. Thanks in advance.

    Reply
    • Lawyers in the Philippines

      Hi:

      In the post above, I mention several documents and how to file for child support.

      In general however, you will need to prove paternity and then engage a lawyer if you want to pursue a case. I usually advise that a compromise agreement first be reached before going to court.

      Try to work with your ex to a common understanding of his financial capabilities. Engage the DSWD and the barangay if needed.

      Reply
  54. Syne

    Hi,
    I am currently working here in Manila and got separated from my husband in the province in 2013, we have a 12 year old son who is living with my parents in the province. do i need to go home to our province to file a child support for our son?

    thank you.

    Reply
    • Lawyers in the Philippines

      You may file child support from where you currently live.

      Reply
  55. Pamela

    Hi. I am a mom of a beautiful 6-year old daughter and a former battered ex-wife to a Malysian-Chinese national who has been working here since 2010. He was taken out by the Makati Police from our ancestral home here in Makati, and was very much in denial of his past behaviors towards me. It has been more than 2years that he had abandoned his reponsibilities as a father to our child, threatened to take her away once he shows up next. I have been in touch with him just last week, refusing to settle his failed financial obligations towards us. What is the first step I should take?

    Reply
    • Lawyers in the Philippines

      You can file a court case, if you deem that the best course.

      If possible though, it is best to settle this issue through compromise.

      Reply
  56. Crystal

    Hi, good day. I wanted to ask for legal assistance.
    My ex and I got Separated when I was 4 mos pregnant. I caught him with other woman. Not just once, and he has history of infidelity even before I got pregnant. And he abandoned me since I left their house and broke up with me him.. I left theirhouse to protect myself and my baby during my pregnancy because I had series of spotting because of all the stress and emotionally distressed because of what happened to me to us.
    I had 8 years of On and off relationship with him. He’s a married guy and got separated with his ex and they have 2 kids.
    I didn’t gave his surname to our daughter because of what he did to me.
    He just showed up when I gave birth.
    My daughter is 7 months old now.
    I’m a freelancer sometimes I don’t have any projects which I’m worried that I can’t provide enough for my daughter and badly needed his father’s financial support.
    I wanted to give my daughter her right for his father’s child support.
    I would like to ask for legal advice or help.. Thank you in advance

    Reply
    • Lawyers in the Philippines

      Hi Crystal – you will need to have proof of paternity before anything is done.

      Usually, proof of paternity is if the father acknowledges the child on the birth certificate or if a Private Handwritten Instrument was made, or a Affidavit Acknowledging Paternity. DNA tests are also supporting evidence but the father will have to consent to have the test done.

      Without proof, it will be difficult to claim support.

      Reply
  57. Mark

    Hi, good day. i just wanna ask, i am a father to a daughter and her mother and i are unmarried, what are the obligations that i need to face/do legally? well i acknowledge the child my surname is on her birth certificate and i do not have the intent to leave the child without supporting… i just wanna ask because i want to know the legal obligations and legal cases that i’m going to face in this case…i’m a policeman and i just want to be responsible as a father so please give me advice on how will i face the family of the mother of the child… Thank you and GOD BLESS

    Reply
    • Lawyers in the Philippines

      You are obligated to give support for your child. The amount depends on the child’s needs and the father’s income, which only the court can decide.

      You can certainly face a case of child support or against RA 9262.

      Reply
  58. Unknown

    What if the father can’t give support because he is jobless at the moment ? when he has a job he provides support for the child. Can the father appeal how much he can give base on his salary and other expenses. I mean he has another kid from different woman.

    Reply
    • Lawyers in the Philippines

      Yes, the father can explain to the mother what his circumstances are and discuss the situation with her.

      The law provides that child support is balanced between the needs of the child and the income of the father.

      Reply
  59. Anthony

    My girlfriend has a daughter with a foreign father. He spends a lot of time in the Philipenes as he has a wife there. Would it be possible to file a support case agaisnt him, while he is the philipines?

    Reply
    • Lawyers in the Philippines

      Yes.

      Reply
  60. rosario

    hello. this really is an eye opener.
    My kids were abandoned by their father without support for 15 years. now my son is 18 but has an emotional and psychological condition. ayaw magpadala ng diretso para sa anak niya but sent it to his cousin. now my son has a check up pero di naipunta namin dahil hindi tumupad sa usapan ang tatay niya. nag uusap sila ng anak niya which pangako siya ng pangako na nakakaapekto sa utak at pag iisip ng bata.

    Nasa custody ng nanay ko ang bata dahil nandito po ako sa manila to work paramasuportahan ang pangangailangan nila and kailangan ng magbabantay sa kanya from time to time.

    Maaari pa po ba kami magfile ng child support?

    Reply
    • Lawyers in the Philippines

      In general, child support is filed during the child’s age of minority.

      If it is filed above the age of minority, then a strong reason must be found.

      The court will then decide on this based on the reasons and argument presented.

      Reply
  61. Zee

    Good day! My husband has a daughter from his previous marriage who is 18 years old, living with the mother. 2-3 years ago, there was a court order that my husband should be giving financial support of that much & that there will be a 50/50 share when it comes to schooling, medical/dental,etc. After the daughter graduated grade 10, mother & daughter had a fight & daughter decided to run away & stay with us. Upon enrolling for senior high, backlog payments from grade 10 wasnt paid by the mother. Now that daughter is with us, mother said that my husband should pay for everything, since daughter is living with us. The mother hasn’t been giving any financial support (schooling/tuition) since the daughter lived with us. Now, the daughter is seeing her mother again & stays/sleeps with her for days & daughter has also been demanding too much from my husband considering shes already 18. May I ask how old should child support end here in the Philippines?
    What happened to the 50/50 share on court order, can the mother be sued?

    Reply
    • Lawyers in the Philippines

      Both parents are responsible for the needs of the child.

      In general, the age of minority is particularly important. However, if there is a strong reason/reasonable need past the age of minority, support can still be requested from the court.

      It will then be the court’s decision whether or not to grant this support.

      Reply
  62. Brenda

    Good day! I have a Son 2 years old. We have been living together to sometime. But I decided to leave because we always have an issue. He is not working, he is just waiting for his so called boss to give him money whenever he needed. Last year we had a fight, and I decide to leave with my son. At first he doesn’t want to send support, but eventually he send 5000pesos every after 15 days. Sometimes he misses. And he will start counting how much he has given me for supporting our son. Sometimes he will tell me he will get our Son and he will go to court. We have been okay and I decided maybe i should give it a try again. And there he is again with his drinking habits. We cant even buy new clothes for our son even once a month. After my birthday we had a fight and i left again not wanting to go back anymore. My sons father is a foreigner he is now in Philippines. He challenged me again to go to court. I wanted to do that so there will be enough support for my son. But i dont have the capacity to pay for a lawyer since im still looking for a job. What should i do?

    Reply
    • Lawyers in the Philippines

      Filing a case depends on where the foreigner lives.

      If he lives in the Philippines, you can file a case here with the help of the PAO.

      If he lives abroad, it may be best to file the case abroad.

      Reply
  63. Marian

    Good evening! My name is Marian. Just today my live in partner received a summon from his ex-wife, asking for a child support. They have been separated for almost 6 years. My live in partner is always giving her 2,500 pesos every 15 days. And from what i know, his salary in a month is more or less around 15k. From the summon that he receives today, it says there that she’s asking for a child support amounting to 17k+ every month. She’s asking money which is more than higher than my live in partner’s salary. My partner wanted to support according to his means. He can’t provide that big since he have other expenses like house rent,daily food & transpo allowance. By the way, my partner & i is sharing the expenses. Mine is 70% of the expenses & his is 30% because he’s just a minimum wage earner. He’s also supporting he’s mother & siblings too. As far as i know, his ex-wife have a better job that earns more & she also have a business. How can we calculate he’s supposedly child support on her ex’s child? Should he give the amount that he’s ex-wife is asking instead of according to his means? And also, where can we go to ask for guidance & help. We don’t have that much enough budget to pay for an attorney. We badly need an advice. Your reply is highly appreciated. Thank you!

    Reply
    • Lawyers in the Philippines

      Hi Marian:

      I always suggest people to speak to the DSWD, the Police or the barangay first before going to court.

      If your partner has consistently given support and has done the best he can to provide within his means, then it is important to highlight this.

      The law states that the amount of support given is what the father can afford and what the child needs. Both aspects will be considered and the court will then determine what is needed.

      Reply
  64. benedict

    hi, i have a 14 years old son, with my ex girlfriend, im a seaman, just want to know how much do i have to give every month for my son monthly support base on POEA agreement? my monthly salary is $1600/month,

    Reply
    • Lawyers in the Philippines

      There is no set amount that the law mandates.

      The law states that the amount of support should consider what the child needs and what the father can afford.

      The court determines the exact amount after listening to both sides.

      Reply
  65. Einnis

    Hi. Gusto ko po sanang humingi ng advice. May 3 anak po ako sa una kong partner. Yung 2 bata po nasakin dahil nag aaral po. At yung bunso eh nasa nanay po. Pero hinihiram hiram ko po ang bunso kong anak ng isang linggo dahil nag karon kami ng kasunduan ng ex ko na isang linggo akin ang bata at isang linggo din sakanya. Kumbaga nag sasalitan kami sa bunso. 1 taon na pong nasakin ang 2 kong anak pero niminsan hindi nagbigay ang nanay ng mga ito ng sustento sakanila. Naiinti dihan ko naman dahil nasakanya ang bunso kong anak. Ngayon po ay nais po atang mag sampa ng reklamo ng ex ko dahil daw po hindi ko sinusustentuhan ang bunsong anak ko. Pero, tuwing nasakin po ang bata ay ako ang nagsusustento sa gatas at diaper at pagkain ng anak ko.Ang tanong ko po, kailangan po bang ako lang ang magsustento sa lahat ng anak ko kung sakaling kunin nya sakin ang 2 bata? Hindi po ba pwedeng mag trabaho ang ex ko para hati kami sa sustento? may nabasa din po akong article na nagsasabing dapat po ay parehong magulang ang magsustento sa mga bata. Tama po ba yun? Ang gusto nya po kasi ako lang ang magsustento. Wala naman pong kapansanan ang ex ko. Driver lang po ako ng UV at hindi po ako araw araw nakakabyahe. Maliit lng din po ang kita ko. Pareho na po kaming may bagong kinakasama ng ex ko.

    Reply
    • Lawyers in the Philippines

      Both parents are liable for the needs of the children, not only when the children are with them physically but also when apart.

      Reply
  66. Einnis

    What if my ex partner refused to give support? Lagi nyang dahilan sakin e’ ako lang daw po ang may obligasyon na magsustento sa lahat ng bata. She’s capable to work, pero she refuses na mag trabaho at gusto iasa sakin lahat. And she’s threatening me that she will file a case against me and kukunin nya ang 2 bata sakin. What is the best thing to do po?

    Reply
    • Lawyers in the Philippines

      Both partners are responsible for the needs of the children.

      Speak to your ex-partner. Come to an agreement. If necessary, involve the barangay.

      Reply

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