Child support is a continuous and regular payment that parents make for the financial benefit of their children when a marriage or other similar relationship ends.
In a new edition of "5 Minute Legal" on Radio Femenina, our associate lawyer, Rubén Rivas, spoke about child support in El Salvador, how it is understood and determined.
"Child support is the contribution that the father or mother must pay for the child's support. If you are not married, divorced, or do not live with them, you still have to pay child support," Rivas affirmed.
However, our Litigation and Arbitration specialist pointed out that this financial contribution can only occur when the father is listed on the child's birth certificate.
According to Rivas, the amount to be paid for child support is calculated based on the earnings of the defendant and the needs of the child: "Not all children spend the same amount. For example, if they have a chronic illness or a special medical condition, it should be taken into account for healthcare expenses."
To determine this, the parents must reach an agreement on how to assist the child. If that is not the case, it can be taken to mediation, either with a judge or at the Family, Childhood, and Adolescence Defense Unit of the Attorney General's Office.
"If both parties do not reach an agreement, a judge will hold a trial, conduct a series of studies with a multidisciplinary team to determine the child's needs, and set the amount," added our expert.
Rivas explains that despite being called child support, it covers all expenses necessary for the child, including medicine, clothing, food, and everything related to their support.
Our associate also indicated that this support can be extended even when the adolescent reaches the age of majority: "They are still entitled to the benefits because they do not have employment and will be attending university."
Family courts, peace courts, and the Attorney General's Office can order a person obligated to pay provisional or definitive support to remain in the country until they fulfill that obligation. Additionally, they may be subject to imprisonment of one to three years or community service.
For inquiries, you can contact us through our social media channels or visit our offices in the Escalón neighborhood, San Salvador.
-Written by the Torres Legal Team.