Good News: Mothers Can Now Demand Child Support from Fathers and Can be Jailed If He Refuses

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Responsibility as a parent to their children is not easy and should not be taken for fun. A fathers duty is to provide the needs of their household, send them to school and provides all their needs.

Under the Republic Act 193 to 222 of the family Code, a child support includes “everything indispensable for substance, dwelling,clothing, medical attendance, education and transportation”

The failure or refusal of the father in providing child support shall be punishable by law under the Republic Act 9262, child abuse.

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.

Important things to remember when Claiming child Support in the Philippines:

Even if the Parents Are No Longer Together or been separated, Children Are Still Entitled to Child Support

This also applies regardless of whether or not the parents were married the children are entitled for support.

Legally you can Demand Child Support for Your Child

If for any reason, your child is not receiving the support that they need from their father you can legally demand for child support.

You can go seek legal assistance either from a lawyer, which can entail huge legal fees. Or you could take advantage of government agencies such as PAO (Public Attorney’s Office), the DOJ (Department of Justice) and from DSWD (Department of Social Welfare and Development)

Once you file a case against the support from the father, a protection order for your children will be issued. This means that the children will be required to stay with the mother during of the case.

The case will be filed in the RTC (Regional Trial Court) which also serves as the Family Court.

Documents Needed when Filing Child Support:

• PSA birth certificate/s of your child, or children.
• PSA marriage certificate if you were married.

Do not hesitate to seek legal assistance to know your children’s rights whether they are legitimate or not.

Source: JLP LAW