Alimony and child support in Costa Rica ☎️ Pension alimentaria.
In Costa Rica, alimony (spousal support) and child support can be requested at the Pension Court (Juzgado de Pensiones Alimentarias). To request alimony, you must be married, or in a de facto union of more than two years. It can be asked during your marriage or union. You don[t have to be divorced in Costa Rica to be able to petition for it. Alimony, also known as “pension alimentaria” in Spanish, provides financial support to financially dependent spouses. Child support ensures that children have the necessary resources for their upbringing. This “alimentary pension” includes food, housing, education, healthcare, transportation, recreational activities, and everyday expenses.
What is the difference between alimony and spousal support?
In many legal systems, the terms alimony and spousal support are used interchangeably. Both refer to the financial obligation that may arise between former spouses or partners after a divorce or separation. The word alimony is more commonly used in the United States, while spousal support is the preferred term in Canada, the United Kingdom, and other jurisdictions.
In Costa Rica, this concept falls under the broader category of “pensión alimentaria”, which covers not only child support but also the right of a spouse or former spouse to receive financial assistance. Courts may grant spousal support when one party demonstrates economic need and the other has the capacity to provide assistance. The process is handled through the same specialized family courts that deal with child support, and enforcement measures—such as salary garnishment, asset seizure, and even imprisonment for non-payment—apply equally.
How is child support governed by the laws of Costa Rica?
In Costa Rica, child support covers the cost of clothing, housing, food, education, medical care, medication, transportation, and utilities. The law requires parents to provide child support from the child’s birth until they reach 18 years of age. However, even if your child is a grown up, but is enrolled in higher education aiming for a degree or profession, child support may continue until the age of 25.
What about alimony? How is it regulated?
Alimony, also known as spousal support or maintenance, covers expenses such as clothing, housing, food, education, medical care, medication, transportation, and utilities. For a spouse to receive alimony, they must demonstrate economic dependence and show that they require financial support. Alimony can only be forfeited in a mutually consented divorce and is not affected by a prenuptial agreement. Additionally, alimony will be forfeited if the receiving party commits adultery or if either party remarries or enters into a common-law marriage.
Child Support and Alimony Proceedings in Costa Rica
Costa Rican Family Law provides a highly expedited mechanism for establishing both spousal and child support obligations. Unlike lengthy civil lawsuits, this system follows a “monitorio” structure. A streamlined process where the claim can quickly lead to a binding judgment, enforceable almost immediately, unless the debtor files a valid opposition. This ensures swift protection of children and dependents who rely on timely financial support.
1. Filing the Pension Claim:
The process begins with the submission of a petition to the Family Court. The petition must specify:
The amount requested for each beneficiary.
Evidence of need and family relationship.
Optionally, a request for salary garnishment of the debtor’s income.
The petition does not require a specific notification address; service can be carried out by the court directly. If the petition is incomplete, the court may request corrections, but once admitted, the process advances rapidly.
2. Conciliation Hearing
If the case is admitted, the judge must summon the parties to a conciliation hearing within 10 business days. The aim is to reach an amicable agreement. To ensure fairness, the judge may consult payroll reports from the Costa Rican Social Security Fund (CCSS), contact the debtor’s employer, or even check public registries for income or assets.
3. Anticipated Judgment (Sentencia Anticipada).
If conciliation fails or the hearing does not take place within the 10-day limit, the judge must issue an anticipated judgment within 24 hours. This ruling already functions as an enforceable decision and typically includes:
Recognition of the right to child support.
Determination of the monthly support amount for each beneficiary.
Obligation to pay bonuses such as Christmas bonus and school expenses.
Retroactive support and pregnancy-related expenses, if applicable.
Automatic cost-of-living adjustments to the support amount.
Warning that imprisonment (apremio corporal) may be ordered in case of non-payment.
Order of salary garnishment and inclusion of the debtor in the official index of child support obligors.
This judgment can be issued even without a full hearing, reinforcing the summary and protective nature of the monitorio process.
4. Opposition by the Deffendant
The debtor defendant must be served with the lawsuit personally, or in his current home address. He has only five business days to oppose the anticipated judgment. Importantly, opposition does not suspend the enforceability of the ruling: payments must still be made while the case proceeds. Opposition must clearly address the facts and include supporting evidence.
5. Final Hearing and Judgment
If opposition is filed, the court schedules a final hearing within 15 days. At this hearing, the following occur:
Renewed attempt at conciliation or alternative dispute resolution.
Admission and practice of evidence (documents, witnesses, expert reports).
Consideration of any procedural defenses.
Oral conclusions by the parties.
Issuance of the final judgment, usually within three days.
The final judgment confirms, modifies, or revokes the anticipated ruling.
6. Child support and Alimony Enforcement
Costa Rica provides some of the strongest enforcement measures in Latin America for child support obligations:
Salary Garnishment: Employers are legally obligated to withhold child support payments directly from the debtor’s income. Failure to comply can result in criminal liability. Garnishment takes priority over any civil debts.
Bank Deposits: Payments must be made directly to the beneficiary’s account, or if unavailable, to a judicial account.
Imprisonment (Apremio Corporal): If the debtor fails to pay, the creditor may request imprisonment of the debtor (aged 18–65) for up to six months. This sanction may be applied gradually (two months, four months, then six months), and may also be applied nocturnally to allow the debtor to continue working.
Credit Reporting: Debtors are reported to the Financial Superintendency (SUGEF), creating a negative credit history that can affect access to loans or contracts.
Asset Seizure and Judicial Auctions: Final judgments may be enforced as executory titles, allowing the court to seize and auction the debtor’s assets to satisfy the debt.
7. Modification and Termination of Child Support
Child support is not static. Either parent may request a modification (increase, reduction, or termination) if circumstances change—such as new children, loss of employment, or improved financial capacity. These requests follow a separate but expedited hearing process, with decisions typically issued within a few days.
8. Modification or Termination of Spousal Support
Under Costa Rican law, spousal support (alimony) is not permanent and may be modified or terminated when circumstances change. The most common scenarios include:
Remarriage: If the recipient spouse remarries, the obligation to pay spousal support ends automatically.
Cohabitation (Unión de Hecho): If the recipient enters into a stable and publicly recognized cohabitation similar to marriage, spousal support is also terminated.
Change in financial circumstances: Either party may request an increase, reduction, or termination of support if there is evidence of a significant change in income, employment, or needs.
This ensures that spousal support is fair, temporary, and adapted to the real circumstances of both parties.
9. Automatic Adjustments
To protect beneficiaries from inflation, Costa Rican law provides for automatic increases:
For salaried workers, every six months (January and July), in line with wage increases decreed by the government.
For non-salaried workers, annually in January, according to the Consumer Price Index.
These increases apply without requiring a new judicial order.
Why This Matters for Expats in Costa Rica
Foreign parents involved in Costa Rican child support cases should be aware that:
The process is fast and highly protective of children.
Judges have broad powers to investigate the debtor’s financial situation.
Non-payment is treated severely, including the possibility of imprisonment.
Even foreign residents and non-residents may be subject to these obligations, especially if assets, income, or children are in Costa Rica.
At CPG Legal, we guide our clients—both local and international—through these proceedings, ensuring that child support obligations are fair, legally sound, and effectively enforced.
Dr. Christopher Pirie Gil.