The amount of support is not a fixed figure. The law provides that support is in proportion to the resources or means of the giver and the necessities of the recipient. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the family's social standing; for a child, education continues even beyond the age of majority while the child is pursuing an education or training for a profession. Because it depends on changing circumstances, the amount of support can be increased or reduced proportionately as the recipient's needs or the giver's resources change — support judgments are never truly final in that sense. The person obliged may generally choose to pay the fixed amount or to receive and maintain the recipient in the family home, unless there is a moral or legal obstacle. Support cannot be renounced in advance or compromised as to future support.
“How much support should I get (or pay)?” There is no single number. The law ties support to two moving factors: the giver's means and the recipient's needs.
The Formula: Means and Needs
Support is in proportion to:
- The resources or means of the giver; and
- The necessities of the recipient.
A wealthier obligor with a needy recipient pays more; a struggling obligor pays less. It is a balancing, not a fixed rate.
What Support Covers
Support comprises everything indispensable for:
- Sustenance (food);
- Dwelling (shelter);
- Clothing;
- Medical attendance;
- Education; and
- Transportation,
all in keeping with the family's social standing. For a child, education continues even beyond the age of majority while the child is pursuing education or training for a profession, unless the failure is due to the child's own fault.
Support Can Go Up or Down
Because it depends on changing circumstances, the amount of support can be increased or reduced proportionately as:
- The recipient's needs increase or decrease; or
- The giver's resources improve or decline.
This is why a support order is never truly final — either party can seek modification when circumstances change.
Mode of Giving Support
The person obliged may generally choose to either:
- Pay the fixed amount; or
- Receive and maintain the recipient in the family home,
unless there is a moral or legal obstacle (for example, hostility that makes cohabitation harmful).
Support Cannot Be Waived in Advance
Two key limits: future support cannot be renounced (you can't validly give up your right to future support), and it cannot be compromised (settled away). Support already due and in arrears, however, may be subject to agreement.
Practical Takeaways
- Support is proportional to the giver's means and the recipient's needs — no fixed rate;
- It covers food, shelter, clothing, medical care, education, and transportation, and can be increased or reduced as circumstances change;
- Future support cannot be waived or compromised — the right is protected.
Frequently Asked Questions
How is the amount of support determined? In proportion to the resources or means of the giver and the necessities of the recipient. It is a balancing of the two, not a fixed rate, so a wealthier giver with a needy recipient pays more.
What does support cover? Everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the family's social standing. For a child, education continues even beyond the age of majority while pursuing schooling or training.
Can the amount of support be changed later? Yes. Support can be increased or reduced proportionately as the recipient's needs or the giver's resources change. A support order is never truly final in that sense.
Can I waive my right to future support? No. Future support cannot be renounced in advance or compromised. Only support already due and in arrears may be subject to agreement.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.