How Much Is Child Support in the Philippines?
Quick answer
There is no fixed amount or percentage for child support in the Philippines. The Family Code says support must be in proportion to the resources of the parent who gives it and the needs of the child (Article 201), so the court sets a figure for each family. Support is paid only from the date it was demanded in writing or in court (Article 203), so a dated written demand matters. Courts can order the amount deducted from salary and can enforce unpaid support by garnishment or by withholding pensions and retirement funds.
Is there a fixed amount or percentage?
No. The rule is proportion, not a formula:
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.
The Supreme Court's Rules on Action for Support (A.M. No. 21-03-02-SC, in force since 31 May 2021) repeat this rule. Section 12 adds factors the court may consider:
- the financial resources of the parent who has custody, the other parent and the child;
- the child's physical and emotional health and special needs and aptitudes;
- the standard of living the child is used to;
- the non-monetary contributions each parent makes to the child's care.
Either parent or both may be ordered to pay. The amount also changes over time: Article 202 says support is reduced or increased as needs and means change.
Real figures from court cases are only examples of what one court ordered for one family. In Grande v. Antonio (2014), the award kept by the Supreme Court directed the parents to share support of P30,000.00 a month for two children, 70% from the father and 30% from the mother. This is not a standard rate.
What does child support cover?
Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
Education includes schooling or training for a profession, trade or vocation, "even beyond the age of majority." Transportation includes going to and from school or work.
In *Lim-Lua v. Lua*, the Supreme Court allowed a father to credit only the expenses that related to support, such as medical and dental bills and groceries. The value of two expensive cars he bought for the children, their upkeep, travel expenses and clothing purchases were not counted, because they bore no relation to the support awarded.
Who has to pay?
Both parents, for legitimate and illegitimate children alike:
(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
For a child born outside marriage, Article 176 also says the child is "entitled to support." The father's duty depends on filiation being shown, for example by his acknowledgment in the birth record. See Who has custody of an illegitimate child?
From when can you collect support?
From the date you asked for it:
The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date of judicial or extra-judicial demand.
An extrajudicial demand is a demand made outside court, such as a letter. Write it, date it, keep a copy, and keep proof that the other parent received it. Article 203 also says payment is made within the first five days of each month.
Money received as support is protected: it cannot be attached or levied on to pay the receiver's debts (Article 205).
How do you ask the court for child support?
Many parents agree on support privately. If not, the Rules on Action for Support set the court procedure:
- Mediation first. Support disputes are referred to family mediation, and the case usually cannot be filed without a certification that settlement failed (Rule on Family Mediation, A.M. No. 24-02-06-SC, Sections 3 and 5). Future support itself cannot be compromised (Section 4). Cases involving RA 9262 are not referred.
- Where to file. In the court of the place where the plaintiff or the defendant lives, at the plaintiff's choice. If the defendant lives abroad or cannot be found, where the plaintiff lives or where the defendant has property in the Philippines (Section 4).
- Support while the case runs. The court can order support pendente lite, meaning temporary support during the case (Article 203; Section 6 of the Rules on Action for Support).
- Decision and appeal. The court decides within 30 calendar days after the evidence is admitted (Section 13). The judgment is immediately executory: an appeal does not stop its execution (Section 15).
What if the parent does not pay?
The court may direct that support be deducted from the parent's salary (Section 12). If a judgment is not paid, Section 16 allows:
- garnishment of debts and other credits;
- levy on property;
- deduction from salary;
- withholding of pension, retirement and other funds.
If a foreign court has already ordered support, a petition to recognize and enforce it can be filed in the Philippines, and the Public Attorney's Office (PAO) may file it for the petitioner (Section 17).
Is not paying support a crime?
It can be, but not always. Under RA 9262 (anti-VAWC law), denial of financial support can be a form of abuse against a woman or her child. In Acharon v. People (2021), the Supreme Court said mere failure or inability to give support is not a crime under Section 5(i) of that law. There must be proof that the man willfully withheld support to cause mental or emotional anguish. See How to file a VAWC case.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Grace and Leo. Leo earns about three times as much as Grace. Their son's school, food and medicine costs are documented. A court can order both to contribute in proportion to their means, so Leo pays the larger share. There is no fixed percentage.
Carla and Jun. Carla sent Jun a written demand for support for their daughter in March. She filed in court only in August. Because support is paid from the date of judicial or extrajudicial demand (Article 203), the March letter counts. Carla kept a copy and the courier receipt.
Ramon. Ramon works abroad and stops sending money for his two children. Their mother files where she lives in the Philippines. If he does not pay the judgment, the court can order salary deduction or withholding of his pension and other funds.
When do you need a lawyer?
Talk to a lawyer before filing, especially if the other parent denies being the father, lives abroad, hides income, or if there is abuse. A lawyer can prepare the demand letter, ask for support while the case is pending, and enforce the judgment.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
- Article 194, Family CodeWhat support includes
- Article 195, Family CodeWho must support each other
- Article 201, Family CodeHow the amount of support is set
- Article 203, Family CodeWhen support becomes demandable
- Article 176, Family CodeIllegitimate children: surname, parental authority, legitime
- Article 49, Family CodeSupport and custody while the case is pending
- Article 202, Family CodeSupport goes up or down
Which Supreme Court rulings are relevant?
- Grande v. Antonio (G.R. No. 206248)Grande v. Antonio explained: an illegitimate child may use the father's surname but cannot be forced to, and the mother keeps custody unless she is unfit.
- Acharon v. People (G.R. No. 224946)Acharon v. People explained: failing or being unable to give support is not by itself a VAWC crime. The denial must be willful, to hurt or to control.
- Lim-Lua v. Lua (G.R. Nos. 175279-80)Lim-Lua v. Lua explained: only expenses tied to the support a court ordered can be deducted from unpaid support, not gifts like cars for the children.
Frequently asked questions
Is there a minimum child support amount in the Philippines?
No. The Family Code sets no minimum, maximum or percentage. The amount must be in proportion to the giver's resources and the child's needs (Article 201), and the court decides it case by case.
Is child support 50/50 between the parents?
Not necessarily. Either parent or both may be ordered to give support, in proportion to their means. In Grande v. Antonio (2014), for example, the award kept by the Supreme Court split the support 70% for the father and 30% for the mother.
Can I claim support for past years?
Support is paid only from the date of judicial or extrajudicial demand (Article 203). A written demand counts as an extrajudicial demand, so keep a dated copy and proof that the other parent received it.
Does the father of an illegitimate child have to pay support?
Yes. Parents must support their illegitimate children (Article 195(4)), and Article 176 says illegitimate children are entitled to support. Filiation must be shown, for example by the father's signature on the birth record.
Can child support be deducted from a salary?
Yes. Under the Rules on Action for Support (A.M. No. 21-03-02-SC), the court may order support deducted from a parent's salary. If a judgment is not paid, it can be enforced by garnishment, levy, salary deduction or withholding of pension and retirement funds.
Can the amount be changed later?
Yes. Support is reduced or increased as the child's needs and the parent's means go down or up (Article 202). In Lim-Lua v. Lua (2013) the Supreme Court repeated that a judgment for support does not become final.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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