Child support for illegitimate children in the Philippines
July 31, 2014 | 50,00 EUR | answered by Jan Wilking
A German acquaintance of mine has fathered a child in the Philippines, who will turn 11 years old this year. Because the mother and the child live in poverty, I have repeatedly asked him to take financial responsibility for his child, but he refuses.
My question is, does the child have a right to financial support, and can these rights be enforced in Germany? Are there any agreements between Germany and the Philippines that support such maintenance claims? The mother and child live in the Philippines, while the father is in Germany. A paternity test has not yet been conducted.
Dear seeker of advice,
I am happy to answer your inquiry taking into consideration the facts you have provided and your commitment as follows:
If a child lives abroad, the law of the country where the child has their habitual residence generally applies to child support. Therefore, Philippine law would likely be relevant for the child's maintenance claim and potentially also for the mother. Unfortunately, I lack the expertise in Philippine family law to provide specific details, and only a specialized lawyer from the Philippines or an internationally active family law firm can offer concrete assistance.
Both Germany and the Philippines are signatories to the 1956 UN Maintenance Convention. Therefore, the Federal Office of Justice, as a so-called receiving authority, assists maintenance beneficiaries living abroad in asserting and enforcing their claims against obligors living in the Federal Republic of Germany, both in court and out of court. Acting as representatives of the maintenance creditors in accordance with the tasks assigned in the Convention, it is essential that the maintenance beneficiaries reside in one of the signatory states (including the Philippines) and the obligors in the Federal Republic of Germany.
Through a comprehensive application, it is possible to request both an initial enforcement of the maintenance claim, which can then be executed, as well as to have a previously issued decision recognized and enforced. The authority also supports amicable settlements and, within the framework of child support, it is possible to obtain a court determination of paternity beforehand.
No fees are charged for out-of-court proceedings or the activities of the authority. However, maintenance beneficiaries living abroad cannot directly contact the Federal Office of Justice and must submit their application to the competent transmitting authority of the relevant signatory state.
I hope to have provided you with a helpful initial orientation. If you have any further questions, please use the free follow-up function.
Yours sincerely
