What child support includes

Child support is the obligation of parents to provide for their children's food, housing, clothing, health, education and recreation. It is proportional to the parents' income and the children's needs, and it cannot be waived.

How the amount is set

  • The judge considers the parents' income and earning capacity
  • The children's needs and standard of living are also considered
  • Support is usually set as a percentage of income, or as a fixed amount when income is variable
  • Extraordinary expenses (medical, school) may be shared in addition

How the process works

  • Filing: we file the claim with the evidence of the relationship and the needs
  • Provisional support: the court may order provisional support while the case proceeds
  • Evidence: income, expenses, school and medical documents are presented
  • Hearing and judgment: the court sets the final amount and the payment terms

Enforcement and modification

If support is not paid, the court can order payment through payroll deduction, bank account seizure or other enforcement measures. The amount can be increased or reduced when circumstances change, such as a new job, unemployment, illness or the child's changing needs.

What you need

  • Child's birth certificate
  • Evidence of the parent-child relationship, when not presumed
  • Evidence of the parent's income, if available
  • Proof of the child's expenses: school, medical, housing

Frequent questions

Can support be claimed before the divorce is final? Yes. Provisional support can be requested at the start of the case.

Does it stop at 18? It can continue while the child is studying or has a disability; the judge decides.

Can we agree on the amount? Yes, but the judge must approve the agreement and verify it protects the child's best interest.

Talk to us about your case

Write or call us. We will tell you clearly whether you have a legal matter and what the best route is.

Full guide in Spanish: pension-alimenticia