SECTIONS
Saturday, February 23, 2019

Seares: How to claim child support from the father of your child

IN A situation wherein a child is not acknowledged by the father, a mother can still claim child support. If oral and written demands to provide support fail, the mother, for and in behalf of her child, may file a case in court.

Since the father did not acknowledge that the child is his, then a case for compulsory recognition with support may be filed in court. In this situation wherein the father does not acknowledge the child, then the filiation of the child must be proven because in order to be entitled to support, it must first be proven that the child is the father’s illegitimate child. Once the relationship is established, then child support can be demanded from the father. The child will also be entitled to inherit from the father.

The Supreme Court explained why there is a need to prove the relationship between the father and the child by ruling that, “While the Court is mindful of the best interests of the child in cases involving paternity and filiation, it is just as aware of the disturbance that unfounded paternity suits cause to the privacy and peace of the putative father’s legitimate family.” (Dolina vs. Vallecera, G.R. 182367, 2010])

In a situation wherein the child is acknowledged by the father but the father refuses and/or fails to provide child support even after demand, the mother, for and in behalf of the child, may file a case in court for support, and proof that the father acknowledged the child will be sufficient.

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