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An Affidavit of Child Support is used by the parents or other person who may be obliged by law to give support, to keep and honor their obligation to provide support for their child. This is an agreement or promise which sets forth the details of how the support will be provided, who will receive the same, and the manner in which such support will be given.
There are two situations that may give rise to the need of using this document:
First, both of the parents, of the child may jointly sign this affidavit and agree on who among both of them will pay a sum of money for the support of the child. In this case, they may also agree on how much will be given and who will receive such amount which may be either of them or a guardian of the child.
Second, one person who makes a promise that he will provide support for the child may sign this affidavit. This one person obliged to give support under the law may be a parent, a grandparent, or a legitimate brother or sister. This person may also make a promise on how much will be given as support and indicate who will receive such amount of money on behalf of the child.
The provision of support under the law includes payment of a sum of money to cover the expenses for the following needs of the child:
The provision of support generally is done through payment of a sum of money on a recurring basis to satisfy the basic needs of the child, taking into account the best interests of the child.
This document serves as proof of the promise or agreement that support will be provided for the child. In case the promise is not kept, this document may be shown in court to enforce such promise or agreement against the person who signed the same. In addition, this document sets forth what is expected of such person in terms of what will be provided to support the child.
How to use this document
The details required by this document may vary depending on who are the parties. If both parents of the child will sign this document, the information must be provided are their identities and their personal circumstances. On the other hand, if the party completing and signing the document is one person who may either be any of the parents of the child or any person who is obliged by law to give support, the information concerning the identity of such person must be provided, and his personal circumstances. The persons who may be obliged to give support under the law include a parent, a grandparent, or a legitimate brother, and sister.
The following information is required to be included:
Additionally, the following may also be included:
Upon completing the document, if there is one person who will sign this document, two copies must be printed, if there are two persons who will sign this document, three copies must be printed, after which, the documents must be presented to and signed in front of a Notary Public for notarization, and one copy will remain to the Notary Public.
The Civil Code or the Philippines specifically the provisions on Support is applicable to this document. Further, affidavits are governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.
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