Best Child Support Lawyers in Philippines

About Child Support Law in Philippines

Child support in the Philippines is governed by the Family Code of the Philippines, which ensures that children receive the financial support they need for their upbringing and education regardless of the marital status of their parents. Under the law, both parents have the obligation to support their children, which includes providing for basic needs such as food, shelter, clothing, medical care, and education. The amount of child support is often determined by the family court and is based on several factors including the needs of the child and the financial capacity of the parent.

Why You May Need a Lawyer

There are several situations where legal assistance may be necessary for issues related to child support. For instance, if you are trying to establish paternity to claim child support, negotiating the terms of support, enforcing an existing child support order, or seeking a modification to an existing support arrangement due to changes in financial circumstances. A lawyer can provide guidance through the legal processes, help protect your rights, and ensure that the best interests of the child are taken into account.

Local Laws Overview

Key aspects of child support laws in the Philippines include:

• Obligation to Support: Both legitimate and illegitimate children are entitled to receive support from their parents. The duty of support covers necessities for sustenance, dwelling, clothing, medical attention, education, and transportation.
• Determining Amount: The amount is set by the court considering the needs of the child and the resources of the provider. There is no fixed percentage; rather, it varies based on circumstances.
• Adjustment or Modification: Either parent can petition for the adjustment of the support amount if there's a significant change in circumstances, such as a substantial increase or decrease in either parent's income.
• Age of Support: Typically, support continues until the child reaches the age of majority (18 years), though it could be extended if the child is still dependent due to studies or other valid reasons.
• Legal Redress: Non-compliance with child support orders can lead to legal consequences including contempt of court or criminal charges, making enforcement and compliance crucial.

Frequently Asked Questions

1. How is child support calculated in the Philippines?

Child support is calculated based on the needs of the child and the financial ability of the parent. The court considers the income level of both parents, the needs of the child, and other relevant factors.

2. Can child support be modified?

Yes, either parent can request a modification to a child support order if there is a significant change in circumstances, such as changes in income or the needs of the child.

3. What happens if a parent refuses to pay child support?

If a parent fails to comply with a child support order, legal action can be initiated. This could include filing for contempt of court or seeking enforcement through the court system.

4. Can a mother request child support from a father not listed on the birth certificate?

Yes, the mother can request child support, but paternity may need to be established legally before a support order is issued.

5. What age does child support end in the Philippines?

Generally, child support ends when the child reaches the age of majority (18 years), but it might continue if the child is undergoing further studies or is incapable of self-support.

6. Is it possible to receive child support if the non-custodial parent lives abroad?

Yes, child support obligations apply regardless of the parent's location, but international cases might require additional legal assistance to enforce the mandates through foreign courts.

7. Can child support be used for non-basic expenses?

Yes, child support encompasses the broad spectrum of the child's needs including educational expenses, health care, and in some cases, extracurricular activities that contribute to the child's development.

8. What should I do if I cannot afford to pay the court-ordered child support?

If you cannot afford the ordered amount, you should contact a lawyer to seek a modification from the court based on your current financial circumstances.

9. How can I enforce a child support order?

If a parent fails to pay, you may file a petition with the court to enforce the order. The court may use various methods such as wage garnishment or contempt proceedings to ensure compliance.

10. Do I have to pay child support if I am unemployed?

Yes, the obligation to support your child continues regardless of employment status. However, you can petition the court for a temporary modification based on your employment situation.

Additional Resources

Here are some organizations and bodies that can assist with child support issues:

• Department of Social Welfare and Development (DSWD): Offers programs and services for child welfare, including support enforcement.
• Public Attorney’s Office (PAO): Provides free legal assistance to indigent litigants for child support cases.
• Family Court: Specialized courts that handle family matters, including child support cases.

Next Steps

If you need legal assistance in child support, consider the following steps:

• Consult a Lawyer: Seek legal advice from a family lawyer with experience in child support cases to understand your rights and obligations.
• Gather Documentation: Collect relevant documents such as birth certificates, income statements, and existing court orders, which may be required for legal proceedings.
• File a Petition: If necessary, work with your lawyer to file petitions for support, modification, or enforcement in the appropriate family court.

Understanding and navigating the nuances of child support law in the Philippines can be complex, but with the right guidance and resources, you can ensure that your child's needs are met.