Your Ultimate Guide To Sustento In The Philippines—Child Support FAQs Answered By A Lawyer

Editor's note: This article is purposely designed to provide for general information. On specific issues of legal nature, always seek advice from your lawyer.

Being a parent is no easy feat. The demands of parenting can be exhausting sometimes. What more for a single parent who is juggling the roles of two parents? It can be tasking and financially overwhelming.

We consulted a family lawyer, Ten Outstanding Young Men (TOYM) Awardee for Child Protection and member of the Smart Parenting Board of Experts, Attorney Mia Andal Castro* (AM), to answer burning questions about 'Sustento' or Child Support.  

Child Support Frequently Asked Questions (FAQs)

When we say child support, what does it mean according to Child Support Laws?

AM: Article 194 of the Family Code defines support as everything needed for the daily sustenance, dwelling, clothing, medical needs, education and transportation of the child, in accordance with the financial capacity of the family.

Per the Family Code, payment shall be made within the first five days of each corresponding month.

Under our laws, who is obligated to give support to the children?

AM: The father and mother have a joint obligation. 

How much support should be given?

AM: There is no fixed amount or rule when it comes to the amount of support to be given to a child.

The general guideline is: Support should be proportionate to financial capacity of the parent-giver and proportionate as well to the needs of the child. 

Do children have the right to be provided financial support by their parents?

AM: Yes, children are guaranteed this right under our Family Code and Republic Act 9262 (Violence Against Women and their Children).

However, the law does not set a minimum amount of financial support by which children are entitled to receive. The amount of support varies on a case to case basis but in all instances, the guiding principle is that it is in proportion to the resources or means of the giver and to the necessities of the recipient. (Articles 194 and 201 of the Family Code)

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Up to what age are children entitled to support?

AM: It can be gleaned from Article 194 of the Family Code of the Philippines that children are entitled to support until the age of majority.

The second paragraph of Article 194 provides that when it comes to expenses related to education, the parent has the obligation to support that even beyond 18 years of age.

Who decides the amount?

AM: If the parents are discussing the matter of support through an amicable, out-of-court compromise agreement, they are the ones who need to discuss and decide on the amount of support for the kids to be shouldered by each of them.

In some cases when they fail to agree on an amount, or when there is refusal to provide support, the spouse asking for support will need to file the Petition for Support in court. After hearing the case and weighing the evidence presented, the Family Court judge will decide whether to grant or deny the petition. If granted, the court’s Decision will declare the amount of support to be given. The amount will correspond to the child's needs and balanced with the financial capacity of the parent giving (the) said support.

What if my spouse tells me he has no money but I see in his social media posts that he is living a lavish lifestyle?

AM: The children or the spouse could file a case for support under Article 203 of the Family Code if the other spouse obligated to give financial support refuses to do so. Photos of his posts on his lavish lifestyle can be presented as evidence to show his capacity.

Also, the wife or the children can file a criminal complaint for Violence Against Women and Children Law (RA 9262) pursuant to Section 5 (i) of the said law, which states that the denial of financial support is a form of economic abuse and psychological violence.

I don't have money to hire a lawyer, can I settle out of court? 

AM: Yes, a person can settle out-of-court or execute a compromise agreement if he/she cannot hire a lawyer. The best option is to go to the Public Attorney's Office (PAO) to ask for assistance. There, the parents of the child can meet and agree, with the assistance of the PAO lawyer, regarding the support of their children.

Who can file for Child Support claims and what documents do I need to prepare?

AM: The children or the spouse can file a case for support under Article 203 of the Family Code if the other spouse obligated to give financial support has the means but refuses to do so. The Petition for Support will be raffled to a Family Court, and the Family Court judge will hear testimonies and receive documentary evidence from both petitioner and respondent. 

Documentary Requirements: PSA Birth Certificate of your Children, PSA Birth Marriage Certificate (if married), evidence of spouse’s income through payslips and other evidence, tuition fee bills and other supporting documents as proof of child’s expenses.

How much does it generally cost to file for Child Support?

AM: The legal expenses will depend on the fees of the lawyer and other court fees.

How long do the proceedings take?

AM: It really varies from court to court depending on their case load and pace, but generally around one to three years.

I don't want to always remind him/her of 'sustento.' Any advice?

AM: A practical tip is to ask for post-dated checks so that there won’t be a need to remind or follow up every month. Plus, should the check bounce, you have the option to file a criminal case for BP 22, of the Bouncing Checks Law.

My ex-partner does not have a job. What happens now? 

AM: If the former partner does not have a job, the single parent can still file a case for support and allege other sources that the former partner may have. Once there is a favorable court decision, the single parent can file a motion for execution of the properties of the former partner, assuming the he/she has properties.

I am married now and my husband supports my children financially. Is my ex-partner still lawfully required to provide child support?

AM: Yes, the ex-husband is still bound to support the children. The obligation of the ex-partner towards his children is mandated by the law.

Their father now lives abroad, may habol pa ba ako?

Yes, even if the husband is situated abroad, the wife can still file a complaint against the husband. There are rules on service of summons against respondents living abroad.

READ ALSO: Pantay Ang Karapatan Ng Legitimate At Illegitimate Children Sa Paghingi Ng Suporta Sa Ama

Their dad is a foreigner and is no longer in the Philippines. Can I still legally demand for Child Support? 

AM: Yes, even if the husband is a foreigner who is no longer in the Philippines, the wife can still legally demand for support. The usual problem that arises is losing contact or not knowing where to find him. In case his home or office address is known, your lawyer can avail of the rules on service of summons abroad.

Their dad's name is not on the birth certificate since we weren't in good terms then, can I still file a case? 

AM: Yes, even if the father's name is not on the birth certificate, the wife can still file a case for support. The wife needs to present pieces of evidence proving that the husband is the father of her children.

Attorney Mia Andal Castro is a mother of three kids, lawyer, and children’s rights expert. She is a partner at Lopez Custodio Munoz & Castro and can be reached at cacastro@lcmclaw.com.