Family life in the Philippines is highly treasured and most often, it includes extended family within the household.
What happens with the children if the parents decide to live separately?
There are different concepts in each nation when it comes to dealing with child support and knowing what it is, is the most important.
- Parents who live separately
- Children who live with one parent or split time between both parents
- Children who don’t live with either parent
Non-custodial parent is the one who does not have parental authority, while a Custodial parent is the one who has parental authority, has the “right and duty” to take care of the child.
If the parents are legally married, both have custody and in the event that the woman conceives without being married, custody is given to her automatically. The father on the other hand can request custody through the courts.
Financial support to the child is commonly paid by the non-custodial parent to the parent who has custody, but both can still do so depending on the agreement. Child support in the Philippines, as family law states that child support is for “indispensable” or the essential needs of the child, such as food, shelter, clothing, medical expenses, education and transportation.
Filing claims for child support
First thing and foremost, the custodial parent must provide proof that the non-custodial parent is related to the child and this is where a DNA test is required. The custodial parent must request for child support if the claim has been proven and this information should be recorded as a hard copy which contains verification that the demand of the custodial parent has been received by the non-custodial parent. Furthermore, they can sue the non-custodial parent if in any case that he will not pay for child support.
A parent who has been ordered to provide child support has two options:
- The non-custodial parent can support the child financially however, there are limitations such as inability to sustain the monetary support. The inability to pay for the child’s expense is not condemned in the Philippines and therefore, the custodial parent has limited choices.
- The non-custodial parent can provide support to the child in their home but there’s an exception to this. If the non-custodial parent has abused the child, this is not an option.
Child support is continued until they reach the age of 18 in the Philippines.
The family law in the Philippines for child support is not final. If in any case that either of the parents faced financial circumstances, they can appeal to the court to make changes to the requirements of child support.
The parents will not always come to an agreement if that is the case, the custodial parent should request for child support and if ever that the non-custodial parent will not follow through with the demand, the custodial parent’s course of action is to sue.
