Child Support for Single Parents

Child Support for Single Parents

It’s the start of another school year. Many Filipino families are in quandary how to send their children to school during this crucial period, especially that the cost of education continues to rise and the economy is far from stable.

While our government allows free public education at the elementary and high school levels, the over-riding concern among parents is where and how to get the best quality of education for their children. Tuition fees. Uniform. Books. Computers. Transportation expenses. Daily allowances. Special projects and field activities. All these compound and split the brains of common parents when June arrives and children get back to school.

If this obligation is a tough burden among families of two parents, imagine how much more for single parents? They have to juggle their tasks at home and at work, and even go to the extent of taking odd jobs in order to raise their children by themselves.

Here is good news for you, single parents: The law gives your child ample protection. From international conventions to our very own constitution and local statutes, your child has been endowed with fundamental rights that can allow him to attain his full growth and maximum potentials. Our 1987 Constitution primarily has this to say: “The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. xxx The State shall defend he right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. (Article XV, Sections 1 and 3)

In 1990, the World Summit for Children in New York made a declaration:“The children of the world are innocent, vulnerable and dependent. They are also curious, active and full of hope. Their time should be one of joy and peace, of playing and growing. Their future should be shaped in harmony and co-operation. Their lives should be mature, as they broaden their perspectives and gain new experiences.”

On these pretext, our government has recognized the value of the child and his family in the development of the nation. Several laws such as the Family Code, the Child and Welfare Code, the Law on Domestic and Foreign Adoption and the Law against Child Labor, among others, were enacted to support the rights of the child.As single parents, you ought to focus on the benefits of getting support for your children under the Family Code during this crucial period.

The Family Code, which was enacted on August 3, 1988, has given better recognition to children of single parents. For one, the distinction on the status of children is now limited to two, legitimate or illegitimate. The child, regardless of his status, can use the surname of his natural father. His right to the estate of his natural parents has also been recognized. More importantly, he is entitled to support.Under Article 194 of the, the Family Code vests a child with support which consists of:1. sustenance (or food)2. dwelling3. clothing4. medical attendance5. education and6. transportation. The meaning of education here includes schooling or training for some profession, trade or vocation even beyond the age of majority (18 years old).

In a Resolution dated 15 March 2003 (A.M. No. 02-11-12-SC), The Supreme Court identified the factors for determining the amount of support:1. the financial resources of the custodial and non-custodial parent and those of the child2. the physical and emotional health of the child and his or her special needs and aptitudes3. the standard of living the child been accustomed to4. the non-monetary contributions that the parents will make toward the care and well-being of the child.In other words, the Supreme Court said that the amount of support varies according to the personal circumstances of the parents or in keeping with the financial capacity of the family. In many cases, the support was fixed at P800 to P1,000 a month per child. In the case of Daisie David vs. CA and Ramon Villar, (G.R. No. 111180, 16 Nov 1995), the child was given support in the amount of P3,000 per month. In one isolated case, it was awarded at P25,000 a month!

Thus, over and above that which you can give to your child, you, as single parents may obtain “support” from your spouse or, if he or she is indispose, his ascendants to sustain your child right to grow and live well, especially to have a quality education. This right is vested upon your child whether he is legitimate or illegitimate.A claim for support may be made by way of court action or by a simple out-of-court agreement between the parents. Open communication between the parents plays a big role in facilitating the means of obtaining the child’s claim.

This writer believes on the supreme importance of supporting the children now at their tender age, when they are open for changes, values formation and bright ideas. Parents therefore must pour all the support that they can give to their children than wait till their adult and it becomes too late.

As one author puts it, the child’s name is today. Now, while much have been said about child support, it is noteworthy to state that single parents are also entitled to support from the non-custodial parents. This parental support which should primarily rests on a valid marriage, however, is a distinct subject which should be a topic of another article.