What is it about the Philippines that makes it unique in relation to the remainder of the world? Indeed, for a certain something, it is about their way of life.
In the Philippines, it is family first. So whether you are a part of the close family or you have a place with the third or fourth generation, you are treated as a relative. For some, even the closest friends are viewed as family, as well.
So for the Filipinos, family is important. That’s why a family law is also established in the Philippines as a guideline to all the families in the country.
In this blog, let’s discuss the laws in case of separation of the family.
The separation of a family, particularly the parents, can be difficult. Be that as it may, it tends to be considerably more so when families or guardians are separated from their children in various nations.
Each nation has various principles and methods to ensure kids are dealt with, and you can make it simpler by knowing how child support functions in your nation.
What is a “separated” family?
A separated family is one in which the individuals from the immediate family don’t live respectively. This can include:
- Parents who live separately
- Children who live with one parent or split time between both parents
- Children who don’t live with either parent
What’s the difference between non-custodial parent and custodial parent?
Child support is commonly paid to the custodial parent by the non-custodial parent, yet it can likewise be paid to another party, similar to a family member guardian who has custody over the child.
- Non-custodial parent: The parent of a child who does not have parental authority.
- Custodial parent: The parent of a child who has parental authority, which has the “right and duty” to take care of the child.
On account of a wedded couple, both parents have custody. In the event that a lady conceives an offspring without being married, she’s automatically given the custody, however the dad can also request custody (shared or something else) through the courts.
What is child support?
Child support is the regular financial support for the necessities of raising the child. It is commonly paid by the non-custodial parent to the parent who has custody, yet can likewise be paid by both parents if another person, (like a relative) has custody of the child.
What is child support used for?
In the Philippines, the family law states that child support is for “indispensable” or the essential needs of the child, such as food, shelter, clothing, medical expenses, education and transportation.
Claiming a file for child support
To start with, the custodial parent must prove that the non-custodial parent is related to the child. On the off chance that there’s any dispute, a DNA test should be possible.
At that point, the custodial parent must request for child support. It’s ideal to do this recorded as a hard copy, with verification that the non-custodial parent received the demand (for example a confirmed letter).
In the event that the non-custodial parent will not pay, the custodial parent would now be able to sue for child support.
Documenting a claim clearly accompanies court charges. Be that as it may, in the Philippines, there are many resources to help facilitate the claiming of child support with less financial burden.
Guardians can consult with the Public Attorney’s Office, Department of Justice or the Department of Social Welfare and Development. You may also look into legal services from legal firms.
Child Support Rates
There’s no fixed rate for child support in the Philippines. A court will choose the sum that ought to be paid dependent on the child’s needs and the parent’s means.
How Does it Works for the Family Law in the Philippines
There are two options once a parent has been ordered to provide child support:
- The non-custodial parent pays a recompense to the custodial parent. The inability to pay for child support isn’t condemned in the Philippines, thus the custodial parent’s choices are really limited if the non-custodial parent doesn’t comply.
- The non-custodial parent gives care to the kid in their home, except if there is an “ethical” reason that this isn’t possible, such as if the non-custodial parent has abused the kid.
In the Philippines, child support continues until the child turns 18.
Child support, or the family law in the Philippines isn’t fixed or final. In the event that the budgetary circumstance of one or the two parents change, either parent can appeal to the court to revise the child support requirements.
Demanding child support
In the event that the parents do not meet in an agreement, the custodial parent should request for child support. On the off chance that the non-custodial parent will not pay subsequent to receiving a demand, the main plan of action is for the custodial parent to sue.
Child support or any family laws in the Philippines are not as comprehensive, so it’s best to know your rights to make sure your child is raised well.
Are you seeking for some support regarding other family laws in the Philippines? Contact us at YKC Law Services today.