What does the law say about child support?

The issue of child support has once again entered the spotlight after Patrick Garcia broke his 18-year silence on his breakup with Jennylyn Mercado and opened up about his relationship with their son, Alex Jazz.

In an interview with Ogie Diaz, Patrick said he last saw Jazz in December 2017. That was also the last time he was able to give child support as he was not able to see him.

But regardless of the circumstances between separated parents, what does Philippine law say about a parent's obligation to provide support for their child?

According to Atty. Maria Gabriela “Gaby” Concepcion on “Ask Atty. Gaby” on “Unang Hirit” on Friday, support refers to everything a person needs to live, including food, shelter, clothing, education, and transportation.

Under Article 194 of the Family Code, support is given in keeping with the financial capacity of the family. Concepcion noted that luxuries are generally not included.

Who is required to provide support?

Atty. Gaby said providing support is mandatory when the relationship is among those covered by law.

This includes spouses, parents and children, grandparents and grandchildren, and siblings.

Children, whether legitimate or illegitimate, have the right to receive support from their parents, as well as from grandparents when applicable.

If a person who is legally obligated to provide support fails to do so, the person entitled to receive it may go to court and file an action for support.

A court may also order the salary of the person required to provide support to be deducted and directly remitted to the person entitled to receive it, according to Atty. Gaby.

How much child support should be given?

Support is not automatically a fixed amount. Atty. Gaby explained that it is variable and proportional, depending on the needs of the person receiving support and the financial capacity of the person providing it.

For example, someone asking for support should be able to explain the expenses involved, such as tuition, rent, or medication, and how much these cost.

At the same time, the amount being requested should also take into account the financial capacity of the person expected to provide support.

“So whatever the person can afford to give is what can be asked for. And whatever is actually needed, that is what should be asked for,” Atty. Gaby said.

Can support be stopped if the parents no longer communicate?

According to Atty. Gaby, a parent's lack of communication with the other parent or not seeing the child does not automatically end the child’s right to support, stressing that the relationship between the parents is separate from the relationship between a parent and the child whom they are legally obligated to support.

If a parent is being prevented from seeing the child, Atty. Gaby said the appropriate remedy is to file a case involving custody or visitation rights.

She added that parents remain obligated to support their children as they grow.

“Usually, it is said that providing support is the most sacred of all obligations. So, take responsibility and stand by it,” she said. —JCB, GMA News