Children are precious gifts to any family. However, not all families are ideal. Some children are left to the care of one parent. Despite the varying family structures, one thing is certain and constant – children have the right to be supported by their parents. This holds true whether the child is legitimate or illegitimate. The question now remains – how much support should a parent give his child?
What is the legal basis for requiring support of a minor child?
Article 194 of the Family Code defines support as everything indispensable for the sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. Since children are under the parental authority of their parents while they are minors, parents are obliged to provide support to their children who are below eighteen (18) years of age. However, even if the child is over eighteen (18) years of age, the parents are still required to provide support insofar as education of the child is concerned.
Who is obligated to provide support?
It bears stressing that support of the child is a joint obligation of the father and mother. Thus, if both parents are gainfully employed, then the obligation cannot be shifted to one parent alone.
How much support should be given to a child under the law?
Now, how much support should a parent give his child? This questions finds more relevance when the parents are separated or not married and one parent is left with the custody of the child. It must be emphasized that there is no hard and fast rule when it comes to computing the amount of support. The only parameters are set by Art. 201 of the Family Code which enunciates that support shall be in proportion to the resources or the means of the giver and the necessities of the recipient. Thus, a father who is a minimum wage earner cannot be asked to give P10,000 monthly support to the child as this would be beyond the means of the giver. In the same vein, a top executive who earns P100,000 monthly cannot claim that a P10,000 monthly support is exorbitant. This scenario is of course subject to the needs of the child. If the baby’s expenses for milk, food, clothing and medicine would only amount to less than P10,000, then there is no justification to seek a higher amount.
What are some of the limitations of demanding support for a child?
Moreover, support must be in keeping with the financial capacity of the family. If the parents belong to the middle class, then one parent cannot demand the other to enroll the child in very expensive international schools that they cannot afford. This is a fair and equitable gauge for support. After all, one cannot give what he does not have.
This is how to determine the amount of child support in the Philippines.
About Nicolas and De Vega Law Offices
If you need help regarding child support, child custody, adoption, custody of a minor child, disputes on visitation rights, or have any questions or concerns regarding family law-related issues, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
