Can Child Support Be Increased or Reduced?

Article 202 reads:

It follows the basic rule on the amount in Article 201:

Two things move the amount: the child's needs and the paying parent's means. If either goes up or down, the support can follow.

Because the right to support is provisional by nature. In Lam v. Chua (2004), the Supreme Court said "the amount of support is by no means permanent," and quoted an earlier ruling: "Judgment for support does not become final." The quoted ruling explains that for as long as a person is entitled to support, the allowance may be modified or altered in line with that person's increased or decreased needs and with the means of the giver.

Lim-Lua v. Lua (2013) repeated the same passage. Requests to change support belong to the trial court handling the case.

Not by itself. In Lam v. Chua, the parents had a compromise on support approved by another court. The Supreme Court said it "cannot be considered final and res judicata since any judgment for support is always subject to modification, depending upon the needs of the child and the capabilities of the parents to give support."

Article 202 points to two reasons:

• The child's needs increase. For example, school fees go up, the child moves to college, or the child needs medical care. Support covers everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation (Article 194). Education includes schooling or training "even beyond the age of majority."
• The paying parent's means increase. A higher income or new resources can justify a larger share.

For the opposite reasons: the child's needs decrease, or the paying parent's resources or means go down. The court weighs the evidence. A parent who says his or her income dropped must show it.

In Lam v. Chua, the Court said: "It is incumbent upon the trial court to base its award of support on the evidence presented before it." That evidence must prove the capacity or resources of both parents, and the child's monthly expenses for sustenance, dwelling, clothing, medical attendance, education and transportation. Because the trial court had fixed P20,000.00 a month without that evidence, the Supreme Court set the award aside and sent the case back to receive more evidence. That figure was for one family and is not a standard rate.

Both parents count. Under Article 195, parents are jointly obliged to support their children, so the court looks at the resources of each. In Grande v. Antonio (2014), the award kept by the Court divided support between the parents.

The Family Code gives the change to the court. In Lim-Lua v. Lua, a father who deducted from unpaid support the cost of two cars for his children, their upkeep and travel expenses was not allowed those deductions and was told to resume paying the support ordered. The Court said his claims that the mother now had her own business and the children were working had to be raised in the trial court.

The Family Code says support is paid from the date of judicial or extrajudicial demand (Article 203). The articles read for this page do not say from what date a court-ordered increase or reduction takes effect; that depends on the court's order.

These are made-up examples to show how the rules work. They are not advice for any real case.

Tess and Mario. A court ordered Mario to give monthly support when their daughter was in grade school. She now starts college, and the costs are much higher. Tess can ask the court to increase the support, showing the new school costs and Mario's present income (Article 202).

Jerome. Jerome lost his job and now earns much less. He can ask the court to reduce the support, with proof of his new income. As Lim-Lua shows, the change is for the court to make; he cannot simply decide to pay less.

Talk to a lawyer before asking a court to raise or lower support, or if the other parent has asked for a change. A lawyer can gather the evidence the court needs on income and expenses and explain which court handles your request.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.