Costa Rican regulations on alimony and child support establish that they can be increased, either automatically or at the request of either party. Article 58 of the Alimony and Child Support Law contemplates an increase in the amount of the fixed amount, in accordance with the salary increases dictated by law.

The automatic increase is an increase in the amount of the fixed alimony or child support amount, in accordance with the salary increases that the obligor receives dictated by law, whether he/she works for the public or private sector; or, in case of not being employed, in accordance with the percentage set in the legal minimum wage.

In order to apply the automatic increase, as long as there is no automation system in the Judicial Offices of the country, the interested party must make the respective request before the corresponding Child Support and Alimony Court.

The other reason why alimony and child support can undergo an increase modification is when the interested party requests, through a process of alimony or child support increase, that the amount be increased. For these purposes, a formal request must be made before Court and all the relevant evidence to demonstrate that there is a change in circumstances that justifies the request made must be presented.

Article 58 of the Alimony and Child Support Law, in its second paragraph indicates:

“In the cases of modification or extinction of the amount established in the judgment, the claim is raised, a hearing will be conferred on the other party, for five business days. This term will be extended in the case of notifications outside the country, in accordance with the provisions of article 20 of this law.”

As established by this law, once the increase in alimony process has been presented, the obligated party will have a period of FIVE BUSINESS DAYS to answer, indicating the reasons and the evidence for which he/she considers that the amount should not be modified.

Within this process, it is possible for the parties to reach an agreement in a hearing for this effect, which will be approved by the Judge after analyzing it. In the absence of an agreement, the Court will summon the parties to a hearing to receive evidence, where all the evidence presented by both parties (documentary, testimonial, confessional) will be evacuated.

Once the evidence have been evacuated, the Court must resolve the process within the following five business days. In the event that any of the parties is dissatisfied with said resolution, they may present the appeals that they deem necessary, within the term conferred by law.

If you require advice on alimony, child support or any other related to Family Law, do not hesitate to contact us! It will be a pleasure to assist you!