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Guidelines On Filing For Child Support

Last updated: 27 November 2017 11:10 Created: 27 November 2017 10:46 2

min read Hits: 8149 Rating:

Handling family cases is the hardest let alone settling conflicts between the
opposing parties, especially on the issues of child support. Estranged spouses are
not the only ones involved in the battle for support and custody but siblings and
relatives as well.

When it comes to child support, Articles 195 and 196 of the Family Code
enumerate the people who are under obligation to support each other:

The following are obliged to support each other to the whole extent set forth in
the preceding article:

(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and illegitimate
children of the latter;

(4) Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or half-
blood, are likewise bound to support each other to the full extent set forth in
Article 194, except only when the need for support of the brother or sister, being
of age, is due to a cause imputable to the claimant's fault or negligence.

Guidelines on filing for child support:

1. If women who are going to file and ask for support does not have the ability
to pay for court fees, seeking help from the Public Attorney's Office is going to
be your best bet. They can also go to Department of Justice and the Department
of Social Welfare and Development.

2. A Protection Order is issued to protect the woman and her children from
violence and economic abuse. In this case, custody will be given automatically to
the woman with an entitlement of support.

3. The cases shall be filed in the Regional Trial Courts. They will also serve as
Family Courts for hearing cases.
4. The support is applicable to both legitimate and illegitimate children. It
includes clothing, education, transportation and food. The support will be in
accordance with the capacity and resources of the father.

5. The woman parent will be the one to file the support of the child. If the child
is below 7 years old, the custody will be given automatically to the mother.

6. Regardless of the marriage status, the father's support should be considered

as compulsory. Support will be in monetary form if the children are in the
mother's custody and children will be under the father's custody for survival.

It is also important to note that support and child custody will depend on a case
by case basis. For minor children, they are definitely entitled to parental support.

Posted in: Child SupportTagged with: child custody, child support, family code

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LIVING ABROAD LIFE IN PHILIPPINES

Your guide to child support in the Philippines.

TransferWise

13.09.18

5 minute read

Being part of a separated family is always difficult. But it can be even more so
when families or parents are separated from their kids in different countries.

Every country has different rules and procedures to make sure kids are taken
care of, and you can make it easier by knowing how child support works in your
country. If you and your child are separated and one of you lives in the
Philippines, this guide can help you navigate child support there.

What does ‘separated family’ mean?

A separated family is one in which the members of the immediate family don’t
live together. This can include:

Parents who live separately

Children who live with one parent or split time between both parents
Children who don’t live with either parent

What is a non-custodial parent vs custodial parent?

Child support is generally paid to the custodial parent by the non-custodial

parent, but it can also be paid to another party, like a relative or guardian who
has custody of the child.

Non-custodial parent: The parent of a child who does not have parental
authority.

Custodial parent: The parent of a child who has parental authority, which means
they have the “right and duty” to care for the child.

In the case of a married couple, both parents have custody. If a woman gives
birth out of wedlock, she has automatic custody of the child, though the father
can request custody (shared or otherwise) through the courts¹.

What is child support? Who pays it?

Child support is regular financial support used for the needs of a child. It is
generally paid by the non-custodial parent to the parent who has custody, but
can also be paid by both parents if someone else, like another relative, has
custody of the child.

What is child support used for?

In the Philippines, the law says child support is for “indispensable” needs of the
child, which include food, shelter, clothes, medical care, education and
transportation².

How do I file a claim for child support? What are the fees for filing?
First, the custodial parent must prove that the non-custodial parent is related to
the child. If there’s any dispute, a DNA test can be done. Then, the custodial
parent must demand child support. It’s best to do this in writing, with proof that
the non-custodial parent received the demand (i.e. a certified letter). If the non-
custodial parent refuses to pay, the custodial parent can now sue for child
support².

Filing a lawsuit obviously comes with court fees. But in the Philippines, there are
a lot of resources to help ease the financial burden of seeking child support.
Parents can seek help from the Public Attorney’s Office, Department of Justice or
the Department of Social Welfare and Development³.

How much do I pay? Child support rates in 2018

There’s no fixed rate or percentage in the Philippines. A court will decide the
amount that should be paid based on the child’s needs and the parents’ means.

How do I pay? Who receives the child support payment? How do payments
work?

There are two options once a parent has been ordered to provide child support:

The non-custodial parent pays an allowance to the custodial parent. The failure
to pay child support is not criminalized in the Philippines, and so the custodial
parent’s options are pretty limited should the non-custodial parent not comply.

The non-custodial parent provides care for the child in his or her home, unless
there is a “moral” reason this isn’t possible, like if the non-custodial parent has
mistreated the child.

Different ways you can pay your child support payment

If you live abroad and need to pay child support for a child in the Philippines,
using international bank transfers or a traditional money transfer service could
mean you get stuck paying a 4-5% markup on the exchange rate. TransferWise
transfers money internationally at the real mid-market rate — the same
exchange rate you see when you Google it — for just a small, fair transfer fee.

TransferWise also offers borderless multi-currency accounts, which allow users to

send, receive and manage money in multiple global currencies at once. If you’re
a frequent traveller to the Philippines, beginning in 2018 borderless account
holders are able to get a consumer debit cards, making it even easier to access
your money while you’re abroad.

When do child support payments stop?

In the Philippines, child support continues until the child turns 18.

How can I reduce the child support amount that I’m paying? Does shared
residency affect child support?

Child support in the Philippines isn’t fixed or final. If the financial situation of one
or both parents changes, either parent can petition the court to update the child
support requirements².

What’s the best way to set up the child support arrangement?

In the Philippines, there aren’t many options for forcing a parent to pay child
support if he or she isn’t willing. The best case scenario is that there are two
parents who agree to put the needs of their child before their relationship.

Family-based child maintenance arrangements

If the parents are in agreement about child support, there’s no need for court
involvement. They can make an informal agreement to split costs, though the
agreement will not be legally binding in case of a later dispute.

Demanding child support

If the parents are not in agreement, the custodial parent will have to demand
child support. If the non-custodial parent refuses to pay after receiving a
demand, the only recourse is for the custodial parent to sue for child support¹.

Child support laws in the Philippines are far from comprehensive, so knowing
your rights and responsibilities is important to make sure your child gets the care
he or she needs. With these tools, caring for a child in the Philippines should be
easier, even if you’re across national lines.

Sources:

1.https://www.smartparenting.com.ph/life/love-relationships/Single-Moms-and-
their-Child-Support-and-Child-Custody-Rights

2.https://www.smartparenting.com.ph/life/love-relationships/Single-Moms-and-
their-Child-Support-and-Child-Custody-Rights/page/2?

3.https://www.efrennolasco.com/how-to-file-for-child-support-in-the-philippines/

4.http://www.mylawyer.asia/node/39

This publication is provided for general information purposes only and is not
intended to cover every aspect of the topics with which it deals. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any action on
the basis of the content in this publication. The information in this publication
does not constitute legal, tax or other professional advice from TransferWise
Limited or its affiliates. Prior results do not guarantee a similar outcome. We
make no representations, warranties or guarantees, whether express or implied,
that the content in the publication is accurate, complete or up to date.

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TransferWise is authorised by the Financial Conduct Authority under the

Electronic Money Regulations 2011, Firm Reference 900507, for the issuing of
electronic money.LEGAL SUPPORT FOR THE CHILD AND R.A. 9262

By: Atty.Fred | July 22, 2006 in Criminal Law, Family Law, Litigation

746 Replies | Related posts at the bottom of article

Through all the family cases that we’ve handled, we’ve come to accept, without
discounting the contrary, the sad fact that bad blood exists between the
opposing parties (e.g., estranged spouses in annulment/separation/property
cases, siblings and relatives in estate proceedings). In particular, with respect to
custody-support cases over children, it’s easily understandable that custody is
one of the more contested issues. However, the issue on child support should
not be as complicated.

Well, it shouldn’t be as complicated, but reality makes it so.

Articles 195 and 196 of the Family Code enumerate the persons who are under
obligation to support each other, thus: (1) The spouses; (2) Legitimate
ascendants and descendants; (3) Parents and their legitimate children and the
legitimate and illegitimate children of the latter; (4) Parents and their illegitimate
children and the legitimate and illegitimate children of the latter; (5) Legitimate
brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters
not legitimately related, whether of the full or half-blood, except only when the
need for support of the brother or sister, being of age, is due to a cause
imputable to the claimant’s fault or negligence.

On the other hand, the amount of support should be in proportion to the

resources or means of the giver and the necessities of the recipient, pursuant to
Articles 194, 201 and 202 of the Family Code:

Art. 194. Support comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation, in keeping with the
financial capacity of the family.
The education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses
in going to and from school, or to and from place of work.

Art. 201. 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. 202. Support in the cases referred to in the preceding article shall be
reduced or increased proportionately, according to the reduction or increase of
the necessities of the recipient and the resources or means of the person obliged
to furnish the same.

If you’re a parent, it is safe to assume that you would want the best for your
child and you wouldn’t hesitate to provide adequate support. However, it’s
unfortunate that when it comes to support for the common children (whether
legitimate or illegitimate), so many fathers still fail (or worse, simply refuse) to
provide adequate support. Whatever the reason is, and regardless of whether or
not these reasons are correct, the problem became pervasive, so much so that
Congress saw it fit to “criminalize” (only against fathers) the withholding of
support in certain instances. Not everyone knows that this is covered under
Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women
and their Children Act of 2004”.

Not everyone also knows that R.A. 9262 provides for criminal sactions or
penalties for failure to provide support or withholding custody, in certain cases.
Well, now you know.
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