Children, whether legitimate or illegitimate, are entitled to be supported by their parents.
The Family Code defines support as everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.
The amount of child support is based on the resources and means of the giver and the necessities and needs of the child.
If one of the parents refuses to give support for the child, the other parent may, on behalf of the child, file a petition for support with the family court.
Here are some helpful guidelines on how to file for child support:
* One thing for sure, women who file and ask for support will hardly pay for court fees. This is a big concern but these women can ask assistance from the Public Attorney’s Office, Department of Justice or the Department of Social Welfare and Development as the case may be.
* In worst cases, a Protection Order is issued for the protection of the woman and her children if aside from the economic abuse, violence against the woman takes place.
* The cases shall be filed in the Regional Trial Courts which will serve as Family Courts for hearing cases.
* The support applies for legitimate and illegitimate children and may include everything for sustenance such as food, clothing, education and transportation according to the capacity and resources of the father.
* The woman parent is the one who will file for the support of the child.
* Children below 7 years old are in the automatic custody of the mother.
* Regardless of the marriage status, giving support from the father is compulsory. Support could be given either by monetary means to the mother if the children are with her or the children will be under the father’s roof for survival.
Source: Efren Nolasco, Nation's Press