Understanding Child Support and Family Maintenance Obligations

Article 372. Apportionment of Maintenance Obligation Amount

The amount of the maintenance obligation may be prorated among those obligated to comply when they are physically prevented from fulfilling it individually. In such cases, an agreement on the required apportionment may be reached through conciliation and submitted to the judge for harmonization. If no agreement on apportionment is reached, the court shall establish the extent to which each party is required to contribute. Conciliation may also be conducted with the involvement of an Ombudsman for Children and Adolescents, as stipulated in paragraph f) of Article 202 of this Act.

Article 373. Equal Treatment for Children in Maintenance Obligations

A child or adolescent who, for any reason, does not reside with their father or mother, is entitled to a maintenance obligation of equal quality and quantity to that corresponding to the children or descendants residing with the father or mother.

Article 374. Maintenance Payment Timing

Maintenance payments must be made in advance. No refund may be requested for any part of the payment that, having been made, was not consumed by a deceased child or adolescent. Unreasonable delay in payment of the obligation will result in interest at the rate of twelve percent per annum.

Article 375. Maintenance Agreements

The amount of the maintenance obligation and the manner and timing of payment may be agreed upon between the obligor and the applicant. These agreements should include provisions for the automatic increase of the fixed amount and must be subject to judicial approval. The judge will ensure that the agreed terms are not contrary to the interests of the child or adolescent. An agreement approved by the court is legally enforceable.

Article 376. Parties Entitled to Request Maintenance

A request for the establishment of maintenance may be made by:

• The child themselves, if twelve years of age or older;
• Their father or mother;
• Their legal representative;
• Their ancestors;
• Their collateral relatives within the fourth degree;
• Those exercising their care;
• The Public Ministry;
• The Council for Protection.