CPG Legal – Attorneys at law.

What is Spousal Support (Alimony) in Costa Rica?

Child support in Costa Rica, is a type of pensión alimentaria. It is a legal obligation designed to guarantee the well-being, development, and dignity of children and other legally protected dependents.

In Costa Rica, child support is not limited to basic food expenses. The law understands support as a comprehensive concept that includes education, housing, medical care, clothing, and all expenses necessary for a child’s integral development.

This obligation is considered a matter of public order and social interest. For that reason, it has absolute legal priority over almost any other financial obligation of the parent who must pay.

Costa Rican courts do not apply rigid formulas. Instead, they analyze each case individually, balancing two essential factors: the real needs of the child and the true economic capacity of the obligated parent.

Child support in Costa Rica

What does child support include in Costa Rica?

Under Costa Rican law, child support is not limited to food. The obligation covers everything that is reasonably necessary to ensure a dignified and stable life for the child, according to their age, social environment, and family circumstances.

In practice, this usually includes housing, education, medical care, clothing, personal care, transportation, and reasonable recreational and developmental expenses. The exact scope of the obligation depends on the concrete situation of each family and the lifestyle the child had before the conflict or separation.

Who must pay Child Support in Costa Rica?

Both parents are legally obligated to support their children. This obligation does not depend on marital status, custody arrangements, or whether the parents were ever married.

Even when one parent has physical custody and provides daily care, the other parent normally has the duty to contribute financially. The law also recognizes that the parent who lives with the child usually makes an “in-kind” contribution through care, time, and daily expenses, which is taken into account by the court.

How is the amount of child support calculated?

Costa Rican courts do not use automatic percentages or fixed tables. Instead, judges apply a proportionality analysis based on two central elements: the real needs of the child and the real economic capacity of the parent who must pay.

This means that the court will look not only at salaries, but also at all sources of income, lifestyle, assets, and the overall financial situation of both parents. At the same time, the court will evaluate the child’s concrete needs, including education, health, housing, and special circumstances.

The goal is not to impoverish the obligated parent, but also not to force the child to suffer a decline in their standard of living when the parent does have the means to provide adequate support.

The principle of proportionality

Costa Rican family law is built around the principle of proportionality. A child cannot be awarded more than what the parent can realistically pay, but the parent cannot avoid their responsibility when they do have the economic capacity.

Courts constantly repeat that child support must reflect a reasonable balance between needs and possibilities. This is also why child support can later be increased, reduced, or modified if the financial circumstances of either parent or the needs of the child change.

Until what age is child support owed in Costa Rica?

In Costa Rica, child support is normally owed until the child turns 18 years old.

However, the obligation does not always end at that point. If the child is already an adult but is actively studying for a profession or degree and still depends economically on their parents, child support may continue up to the age of 25.

In these cases, the student must show that they are truly enrolled, progressing reasonably in their studies, and that they still need financial support. If those conditions disappear, the obligation may be modified or terminated.

Child support may also continue beyond adulthood in cases where the child has a disability or medical condition that prevents them from being economically independent.

Can child support in Costa Rica be modified?

Yes. Child support in Costa Rica is never fixed forever.

Either parent may request a modification if there is a significant change in circumstances. This may include changes in income, loss of employment, new family obligations, or changes in the child’s needs.

If the financial capacity of the paying parent improves, the amount may be increased. If it worsens, the amount may be reduced. The same applies if the child’s needs change.

The court will always review the situation based on current reality, not on past conditions.

What happens if child support is not paid?

Costa Rica has one of the strongest child support enforcement systems in the region.  If child support is not paid, the court may order wage garnishment, seizure of bank accounts, restrictions on leaving the country, and even arrest of the debtor in certain cases.

Non-payment is treated as a serious legal matter, not as a simple private debt. This is because child support is considered a matter of public interest and child protection.  For this reason, ignoring a child support order in Costa Rica can quickly escalate into very serious legal consequences.

Final Thoughts on Child Support in Costa Rica

Child support in Costa Rica is not a symbolic obligation. It is a serious, enforceable, and strongly protected legal duty designed to guarantee the well-being and development of children.

Because these cases move fast and have powerful enforcement mechanisms, both parents should seek proper legal advice before filing a claim or responding to one.

At CPG Legal, we regularly represent Costa Rican and international clients in child support and family law matters. We focus on realistic strategies, clear advice, and legally solid solutions adapted to each case.

If you need advice regarding child support in Costa Rica, we will be glad to review your situation and guide you through the appropriate legal path.

Dr. Christopher Pirie Gil.

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