About Child Support Law in Tagbilaran, Philippines:
Child support law in Tagbilaran, as in the rest of the Philippines, is guided by the Family Code of the Philippines. This Code requires both parents, whether married or not, to provide support to their children. Support in this context includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation. Child support cases usually arise during legal separations, annulments, declarations of nullity of marriages, or when an unmarried parent seeks support from the other parent.
Why You May Need a Lawyer:
Legally speaking, it is not obligatory to hire a lawyer for child support cases in the Philippines. However, due to the complexity of these cases and the necessity to ensure the best interests of the child, having a legal advisor assists in effectively navigating the legal systems. Situations where you may require child support include marital separations, ensuring fair determination in the amount of support, legal recognition of paternity, or enforcement or modifications to existing child support orders.
Local Laws Overview:
Local laws related to child support in the Philippines, particularly in Tagbilaran, are largely dependent on the Family Code. The amount of support is typically dependent on the needs of the child and the financial capacity of the parents. It is important to note that the obligation to support a child still applies even in cases where parents refuse or fail to give child support, or in cases where parental authority is transferred to someone else, such as a guardian.
Frequently Asked Questions:
What is the usual amount of child support?
The amount of child support often depends on the financial capacity of the parents and the needs of the child. There is no standard amount as each case varies.
Can a father refuse to give child support?
No. By the law of the Family Code, both parents are obliged to support their children, regardless of other circumstances.
How long does a child support case take?
The length of the case depends on various factors, such as the complexities involved and court's availability. It could be several weeks to a few months.
Can a mother deny a father visitation if he does not pay child support?
No. Visitation rights and child support are viewed as separate issues in Philippine law.
Until what age does child support apply?
In general, the obligation to support a child ceases when the child reaches the age of majority, which is 18 in the Philippines. However, it can continue if the child is incapacitated or still studying.
What can be done if a parent does not uphold his/her child support obligations?
A motion can be filed in court for the enforcement of child support. In some circumstances, the parent may face legal consequences.
Can child support be waived?
According to the Family Code, future child support cannot be waived.
Is child support affected by remarriage?
Remarriage alone does not affect the obligation to provide child support. It still depends on the financial capability of the parents and the needs of the child.
What does child support cover?
Child support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.
Can the amount of child support be modified?
Yes. If there are significant changes in the financial situations of the parents or the needs of the child, the amount of support can be modified by filing a motion in court.
Additional Resources:
Several resources exist that can provide further information and assistance concerning child support in Tagbilaran. Some of these include the City Social Services Development Office, which offers social services such as counselling, and the Philippine Department of Social Welfare Development, which offers several programs for child welfare.
Next Steps:
If you need legal assistance concerning child support in Tagbilaran, the first step is to consult with a legal professional, preferably one who specializes in family law. Compile all necessary documents and information relevant to your case including, but not limited to, proof of income, custody agreements, existing child support orders.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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