Dear Atty. Peachy,
I got pregnant with my boyfriend six years ago when I was still in college. He got another girl pregnant at that time and chose to marry her. From the time that my son was born until now, I have been solely supporting him. My son and I live with my mom who is now very sick. Between my mom’s medication and my son’s schooling, I do not know how I will still be able to make ends meet.
My friends have been encouraging me to ask for support from my ex-boyfriend and father of my son. They tell me that they know that he seems to be doing well as evidenced by the social media posts of his wife about their travels with their kids. They tell me that my son deserves to have what his other kids are enjoying. I do not want to ask for his help but I really need it, at least for the basic needs of our son, considering my circumstances now.
Can I demand for child support from him even if we were never married and my son is his illegitimate child? Can I ask for support even after a lot of years that I have been solely supporting our son and have not been asking for anything from him? If so, how do I demand for child support?
Bea
Dear Bea,
Yes, your son is entitled to child support from his father regardless of the fact that you were never married and he is not his legitimate child. Illegitimate children have the same rights as legitimate children when it comes to receiving support from their biological fathers. In the Philippines, child support is mandated by the Family Code, primarily under Article 195, which enumerates the persons obliged to support each other. Parents are at the top of this list, making them legally bound to provide for their children. To claim for child support, however, you must be able to establish paternity (e.g. the father acknowledged that the child is his in the child’s Certificate of Live Birth or in a separate instrument).
The Family Code describes child support as regular financial support for the essential needs of the child. These essentials include food, shelter, clothing, medical expenses, transportation, and education — including schooling or training of a child, in keeping with the financial capacity of the family. In the Philippines, child support continues until the child turns 18. If the child is still studying or incapable of self-support due to mental or physical disability, the obligation may continue.
If you already have in your possession an acknowledgement of paternity from your son’s biological father, you may proceed with sending him a formal written request for child support. You can agree on an amount for child support. If he refuses or does not provide financial support, you may file a case for child support. To file a case for child support in the Philippines, you will need to prepare documents that prove the child’s paternity, show the other party’s financial capacity and itemize the child’s expenditures. Some of those documents could be: (1) PSA Birth Certificate, and proof of paternity such as an Affidavit of Paternity and any other proof if the child is illegitimate, (2) summary of receipts and expenditures related to the child, (3) summary of properties and proof such as Titles, bank accounts, etc. of the father of your son, (4) summary of income and proof thereof. The more information that you gather helps in explaining to the court what the requirements of your son are, in addition to proving the financial capacity of his father.
Atty. Peachy Selda-Gregorio
