Child support in Costa Rica: how it is calculated and what to do when it is not paid

What does the support obligation cover?

The Child Support Act (Law 7654) defines the support obligation broadly: it includes not only food, but also housing, clothing, education, healthcare, recreation, and everything necessary for the comprehensive development of the beneficiary.

The primary beneficiaries are minor children. However, the law also protects adult children who are studying (up to age 25 in certain cases), a spouse or partner who is economically disadvantaged, and in some cases ascendants.

How the support amount is calculated

The amount is determined based on two criteria: the needs of the beneficiary and the financial capacity of the obligor. The court analyzes the obligor's income — salary, rental income, business activity — and the beneficiary's basic expenses.

• Proven income of the obligor (salary, tax returns, bank statements)
• Actual expenses of the beneficiary: education, health, housing, food
• Number of children or other dependents
• Judiciary child support schedule as a reference guide
• Possible direct payroll deduction if the obligor is a salaried employee

The process before the Child Support Court

The support claim is filed with the Child Support Court in the beneficiary's jurisdiction. The process is summary — designed to be fast — and may be initiated without a lawyer, although legal representation significantly improves outcomes.

• Filing the claim with income documents from the obligor and expense records for the beneficiary
• Setting a provisional support amount while the case is pending
• Single hearing where both parties present evidence and arguments
• Judgment setting the final support amount
• Payroll deduction order if the obligor is a salaried employee

What happens when the obligor does not pay

Failure to pay child support in Costa Rica carries serious consequences. The law provides for progressive enforcement measures aimed at ensuring effective compliance.

• Seizure of the obligor's personal property and real estate
• Wage garnishment or bank account freezes
• Exit ban from the country (immigration restriction)
• Civil detention of up to six months for non-payment
• Prohibition from transferring registered assets

Modifying and terminating support

Child support is not permanent: it may be modified when the circumstances that gave rise to it change. The obligor may request a reduction if their income decreases; the beneficiary may request an increase if expenses rise or the obligor's income increases.

The obligation generally ends when the child reaches adulthood, though it may continue until age 25 if the child is regularly enrolled in studies and has no independent means. It also ends if the beneficiary spouse or partner remarries, enters a new civil union, or significantly improves their financial situation.