Best Child Support Lawyers in Tacloban City

About Child Support Law in Tacloban City, Philippines

Child support is a legal obligation requiring a parent to provide financial assistance for the upbringing and development of their child, even if the parents are separated, divorced, or were never married. In Tacloban City, as in the rest of the Philippines, child support is anchored on the belief that every child has the right to proper care, sustenance, education, and well-being. The law ensures that children receive support from both parents to cover their basic needs, such as food, shelter, clothing, education, and medical care. Child support can be settled privately between parents, through mediation, or enforced by the courts if necessary.

Why You May Need a Lawyer

Navigating child support matters can be emotionally and legally complex, and the guidance of a lawyer can be invaluable in various situations. You may need legal assistance if:

• You are struggling to receive regular child support payments from the other parent.
• The amount of child support being provided is insufficient for your child’s needs.
• You have been legally required to pay support but believe the calculation is inaccurate or unfair.
• You need help gathering evidence or calculating the correct amount of financial support.
• The other parent is refusing to recognize or acknowledge paternity.
• There are disputes about who should have custody or visitation rights, which may affect support responsibilities.
• There are significant changes in financial circumstances, such as loss of a job, that may justify modifying the child support amount.

A lawyer familiar with local practices and laws in Tacloban City can protect your rights and help ensure your child’s best interests are served.

Local Laws Overview

Child support in Tacloban City falls under Philippine national law, primarily guided by the Family Code of the Philippines. The law states that both parents are obliged to support their children in proportion to their resources and the needs of the child. In cases where parents cannot agree on an arrangement, the custodial parent may file a petition for child support in the Regional Trial Court or approach the Barangay for mediation. The amount of support is not strictly defined and varies depending on the child’s requirements and the earning capacity of the parent obliged to provide support. Child support covers most types of essential expenses, and the obligation generally continues until the child reaches the age of majority (18 years old), unless the child is incapacitated.

Enforcement of child support orders is carried out through local courts, with penalties for those who neglect their obligations, such as contempt of court, issuance of a writ of execution, or even criminal liability in some cases.

Frequently Asked Questions

What is child support and who is entitled to receive it?

Child support is financial assistance provided by a parent to help pay for the child’s needs. Any minor child or, in certain cases, an adult child who is incapacitated or unable to support themselves is entitled to receive support from their parents.

Until what age is a parent required to give child support in Tacloban City?

Generally, child support is required until the child reaches 18 years old or is emancipated, unless the child is unable to support themselves due to physical or mental incapacity.

What costs are covered by child support according to Philippine law?

Child support covers basic needs such as food, clothing, shelter, education, medical and dental expenses, and other necessary expenses for upbringing.

How is the amount of child support determined?

The amount is based on the needs of the child as well as the means and earning capacity of the parent obliged to provide support. There is no fixed amount and courts decide on a case-by-case basis.

What is the process for requesting child support in Tacloban City?

If the parents cannot agree, the custodial parent can file a request for support at the Barangay for mediation or go directly to the Regional Trial Court. It is advisable to consult a lawyer for proper guidance.

What happens if a parent refuses to pay child support?

If a parent refuses or fails to pay ordered child support, the court may enforce the order through garnishment of wages or properties, contempt proceedings, or even criminal complaints depending on the circumstances.

Can child support be increased or decreased over time?

Yes, either parent can request the court to adjust the amount if there is a significant change in the circumstances of the child or either parent, such as changes in income or expenses.

Does a parent’s new family or children affect child support?

While remarriage or having additional children does not erase the obligation to support previous children, the court may consider the parent’s overall financial responsibilities when deciding on the reasonable amount of support.

Is child support still required if the child is illegitimate?

Yes, both legitimate and illegitimate children have the right to receive support from both parents under Philippine law.

Can I represent myself when applying for child support?

You are allowed to represent yourself, but having a lawyer can ensure your rights and interests are fully protected, especially if the matter is contested or involves complex issues.

Additional Resources

If you need further assistance or information related to child support in Tacloban City, you may reach out to the following:

• Department of Social Welfare and Development (DSWD) - Offers support and advice for families and children.
• Public Attorney’s Office (PAO) - Provides free legal assistance to qualified individuals.
• Barangay Justice Centers - Handles mediation and initial dispute resolution at the community level.
• Regional Trial Court of Tacloban City - For filing petitions or enforcing child support orders.
• Local City Social Welfare Office - Offers guidance and referral services for family welfare matters.

Next Steps

If you are facing issues regarding child support in Tacloban City, take the following steps:

1. Document all relevant information, including your child’s needs and the other parent’s capacity to pay.
2. Attempt to discuss and resolve the matter amicably with the other parent, if possible.
3. If unresolved, seek mediation at your local Barangay Justice Center.
4. If necessary, consult a lawyer to review your case and explore legal remedies.
5. Prepare all necessary documents for filing a petition with the court if a legal process must be initiated.

Remember, it is important to seek advice from reliable legal professionals or government agencies to ensure your child’s interests are protected and to navigate the procedures effectively.