The Child support alimony in Costa Rica is a common topic today, which should be analyzed carefully and should not be taken lightly, neither by the obligor nor by the beneficiary of the support. An infinite number of questions arise when child support or alimony is mentioned, such as, but not limited to: up to what age do I have to pay child support? Is there a chart to know how much to pay for child support? If I don’t have a job, do I have to pay child support? Can I request the amount that I consider necessary? As well as these, there are many doubts regarding this subject, and at ERP Lawyers we want our clients to have a notion about all these issues.

Up to what age do you have the right to receive child support or alimony?

There is no age limit to have or continue to have the right to alimony, both for people who are still married, divorced, or who have had a notorious relationship. As for child support, this aspect always gives something to talk about, since child support is mandatory until the age of 25 as long as the beneficiary is studying and carrying reasonable academic burdens for their age and their learning conditions, in addition, these studies must be in order to acquire a profession or trade. As for the reasonable academic burden, there is nothing in our legal system that establishes with certainty what a reasonable academic burden is, therefore, this aspect will be at the sole discretion of the Judge in charge of the process.

Is there a table or established method to set the amount of alimony?

The issue of setting the amount of child support or alimony is extremely complex, since there is no established method or guidance table that allows the Judges to set a determined amount. There is a project that was presented by the Association for Equal Rights for Men, which takes into account the income of both parties, housing conditions, the number of beneficiaries and other aspects, in order to establish a fair amount  child support, which are points that are taken into consideration by the Judge.

As of now, the Judges set the alimony or child support amount considering the income of the obligated person, as well as the evidence presented by the party who represents the beneficiary, which in most cases is the mother or the father. For this reason, it is not convenient to compare alimony and child support processes and it does not mean that two people with the same income would eventually pay the same amount of alimony or child support.

Do I have to pay school bonus within the alimony and child support, although I do not receive it in my salary?

The school bonus must also be paid by the person obliged to pay alimony and child support, even if he or she does not receive a school bonus at work. It is very important to emphasize that the amount that must be paid for school bonus should not necessarily be the same amount that is paid for child support, this is because school expenses are not always the same as the amount set for this process. The school bonus is paid only if the beneficiary is studying and for that, a proof of school enrollment must be submitted each year.

Do I have to pay alimony or child support despite not having a job?

The Law  is clear when mentioning that it will not be a reasonable excuse to miss the payment of alimony or child support for not having enough work or income. There is a process that is requested once the child support process has been filed that allows the obligor to seek work for one month, extendable to another month; which does not mean that those two months should not be paid, but that an agreement is reached between the parties to pay those two months in installments, so that it does not become an impossible obligation to pay.

ERP Lawyers & Associates: Experts in alimony/child support processes.

If you require legal advice on this issue and family law, ERP Lawyers & Associates offers you an interdisciplinary team of specialized lawyers with extensive experience in this area. Contact us and receive personalized legal advice.