Published on Monday, April 22, 2024

By the A.M. Costa Rica staff

Congress adopted revisions to "Law No.7654: Alimony Pensions," by a vote of 38 deputies, allowing child support debtors imprisoned for nonpayment of their child maintenance to leave jail and search for a job.

Child support (or child maintenance) is a continuous, periodic payment given by a parent for the financial benefit of a child (or parent, caregiver, or guardian) after the dissolution of a marriage or other comparable partnership.

Child maintenance is paid for the care and support of children from a previously ended relationship. Often, the "obligor" is not the custodial parent. The "obligee" is usually a custodial parent, caregiver, or guardian.

In the last round of voting, the deputies adopted an amendment to Article 31 of the legislation that would prevent jail time for child support parents who cannot pay child maintenance as long as the obligor parent finds a job.

The new rule does not prohibit parents from going to jail if they do not pay the entire amount of child support, but rather permits them to find a job or provide proof that they already work.

Furthermore, if there is an arrest warrant for those with child support obligations, the accused can bring the employment agreement to the judge to avoid imprisonment.

In addition, the new rule permits parents who owe child support to offer a payment plan to the judge to resolve the obligation and avoid jail time.

The law additionally authorizes the government, through the National Employment System, to assist parents in finding employment and therefore complying with alimony payments while avoiding incarceration.

According to officials, there are currently over 350 men and 15 women in Costa Rica arrested for failing to pay their children support.

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