Child support

If we can ask, is there a specific percentage or amount should the child receives from the father? The father earns 18500 basic monthly salary plus 2000 rice allowance per month, salary is being paid in biweekly basis. More or less the gross monthly income is 10,000 per pay out (before deductions), so the father provides financial support to his illegitimate children consistently 3, 000 per pay out (biweekly). The father lives with parents and 2 younger siblings and he is the main source of income. However, the mother of the children claimed that the 3, 000 per pay out is not enough for their 2 illegitimate children. She demands 5, 000 per pay out which the father is not capable of since he has bills to pay and needs to support his old parents as well.

No there is no specific percentage. The amount of support is based on the needs of the children and the capacity of the parents. If the mother feels that the father is not providing enough support for the children, then he can send a demand letter to the father and if he does not comply, then she can proceed filling the case in court. As for the father, if the amount of support he is providing is the amount he can provide to the best of his ability, he just needs to prove it in court.

keep in mind that both parents should support the children so the support from the father should not be the only basis for the expense of the children.

Thank you! How about if the mother insisted that she is incapable of having a work because she needs to take care her children (8yrs. Old and 5yrs. Old) would that be enough reason for a mother not to go to work? So only the father is the main source of her income. Does the father has the right, once proven, that he unable to give more than the amount he currently provides, to ask the mother to get alternative source of income? May I also ask what is economic abuse means in relation to the situation? Thank you in advance.

Then it is not an excuse to put all the financial burden on the father since the father also has expenses of his own. The court always takes this into consideration when calculating the amount of support.

economic abuse is one of the grounds used when filing for violation of RA 9262.

Thank you. I appreciate your quick response.

A demand letter has already been sent to my ex demanding child support for our daughter but my ex is saying he is currently jobless and will be unable to give anything. What should be my next step?

Does he have any property or way of making a living? if yes, then you can garnish those on your case to be used to support his child. but if none, then there is nothing that you nor the court can do if he has no income.

If I pursue a case against my ex for failure to provide child support whilst claiming to be jobless, how will the court view this?

The gravamen of the offense of economic abuse is the intention not to give despite the means to do so. You cannot squeeze blood out of a stone.

Being jobless is a matter of evidence. File your case anyway and let him prove that he has no resources

attyLLL wrote:Being jobless is a matter of evidence. File your case anyway and let him prove that he has  no resources

Just thought it would be possible then for a father to just choose not to work (so that he is not obliged to give support) or pretend not to work (perhaps get jobs where contract is unnecessary or not declared)