We all know that life is not perfect, and sometimes the marriage or relationships that we imagined to be all romantic and successful also falls apart. This kind of separation between a mother and father do not just affect the couple but also the children who will eventually turn as victims when one of their parents forget their responsibilities of providing the necessary support.
The lack of financial support from parents normally happens since most young parents are unaware of their rights to legally demand a child support, in fact, failure to provide child support is already a crime, thanks to our lawmakers who secured this kind of ruling beneficial for single parents and children neglected by their parents.
Under the Republic Act 193 to 222 of the Family Code, a child support includes “everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation”.
The law also regulated that the amount of child support will depend on the needs of the recipient as well as the resources of the parent. This means that the amount will not be fixed and constantly subject to modification.
A parent’s failure or refusal to provide financial support is punishable by law under the Republic Act 9262 also known as the Violence Against Women and Children Act (VAWC).
How Can Single Parents Claim Child Support in the Philippines?
If you need to claim child support, here are some important things to remember:
Even if the Parents Are No Longer Together, Children Are Still Entitled to Child Support
What this means is that a father cannot simply shirk away from his responsibility to his child. It also applies regardless of whether or not the parents were married.
This means that if a man gets a woman pregnant, and then leaves the woman and his child, the woman can legally demand for support.
You Can Legally Demand Child Support for Your Child
If for any reason, your child isn’t receiving the support that they need, you can legally demand for child support.
You can go about this by opting to seek legal assistance either from a lawyer, which can entail huge legal fees. Or you could take advantage of government agencies such as PAO (Public Attorney’s Office), the DOJ (Department of Justice) as well as from DSWD (Department of Social Welfare and Development)
Once you file a case, a protection order for your children will be issued. This means that the children will be required to stay with the mother during the duration of the case.
The case will be filed in the RTC (Regional Trial Court) which also serves as the Family Court.
What Documents Do You Need?
If you’re trying to claim child support, make sure to have the following documents ready in order to make the process much easier:
PSA birth certificate/s of your child, or children.
PSA marriage certificate if you were married.
So if you are a single mom or single dad at the moment and your former partner refuses to provide support for their own flesh and blood, then do not hesitate to seek legal assistance to know your children’s rights whether they are legitimate or not.
Sources: Phil E-Legal Forum / Smart Parenting