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Browse our 8 legal questions about Child Support in Philippines and the lawyer answers, or ask your own questions for free.
The Family Code of the Philippines, which governs child support, applies equally in Santiago as in any other town or city in the country. Child support law in the Philippines is based on the basic premise that both parents have a responsibility to support their children. This is to ensure the child's basic needs, such as education, food, shelter, clothing, medical care, and other essential needs, are well-catered for. Such support is obligatory until the child reaches the age of majority which is 18 years. The amount paid as child support often depends on a variety of factors and is not fixed, thus can fluctuate depending on the changing circumstances of either parent or the child.
Legal advice is paramount in child-support matters because of the complexity of the Family Code and its application. For instance, cases involving non-compliance, disputes over the amount of support, changes in the financial capability of either parent, or alterations in the needs of the child, often require legal assistance. Additionally, the law provides different measures that can be undertaken if a parent refuses to give support and understanding such provisions may require legal counsel. Having a lawyer also ensures that the rights of both the parents and the child are duly protected throughout the process.
In Santiago, Philippines, the provisions of the Family Code in relation to child support include that it's the responsibility of both parents to support their child(ren). The amount is typically based on the needs of the child and the means of the parents. There are no set guidelines, and the court has a lot of discretion in deciding the amount of support. Article 201 of the Family Code suggests that when a parent neglects his/her duty, a legal petition can be filed in court to compel the parent to provide support. Moreover, if a child is illegitimate, child support may still be claimed, provided paternity can be proven.
In the Philippines, a parent is obliged to support their child until they reach 18 years of age.
Yes, given the change in circumstances of either parent or the child, the amount may be altered.
It is predominantly dependent on the financial means of the parents and the needs of the child. Courts have significant discretion in setting the amount.
Yes, as long as paternity can be proven, an unmarried parent may claim child support.
There are legal remedies available which can be executed to compel the defaulting parent to provide support. This may require filing a case in court.
Failure to provide support can have legal consequences. Notably, it can lead to contempt of court if the support order is flouted.
Yes, parents can agree outside court on matters regarding child support. But it is often advisable to have such an agreement formalized in a court order for enforcement purposes.
No. Visitation rights and child support are treated separately. A parent's obligation to pay child support does not depend on his/her right to visit the child.
To start a child-support case, it is advisable to seek help from a lawyer who can guide you on how to file a petition in court.
Unemployment does not automatically exempt a parent from providing child support. However, a modification in the support amount can be requested.
The Department of Social Welfare and Development, the Commission on Women, and local Legal Aid offices can be of help when seeking advice regarding child support. Moreover, there are numerous non-profit organizations that provide free legal services to those who may not afford a lawyer.
If you need legal assistance regarding child support, you should consider seeking immediate help from a lawyer who is well-accustomed with family law. Engaging with a local attorney can be pivotal in understanding your rights, responsibilities, and the necessary steps that align with the legal provisions. Moreover, they can help you prepare and present your case properly if court proceedings are necessary.
