On the occasion of the separation of a couple, many relevant controversies arise to be solved, among these, the issue of child support, which must be paid by the party who does not live with the minor, and includes everything that is indispensable for the sustenance, room, clothing, medical care, recreation, education or instruction and, in general, everything necessary for the integral development of children and adolescents.
The law establishes that the child support contribution can be up to 50% of the monthly salary, and is distributed proportionally according to the number of children the parent obliged to pay the contribution has.
This will apply when the children are under 18 years of age as a general rule, but there are some exceptional cases, these are:
- The first, when they are studying or can pay their expenses, in this specific case this protection will continue until the age of 25.
- The second case in which this protection is applicable for adults is in the event that they have a serious illness and it is understood that they have a disability that makes it impossible for them to survive on their own, in these cases while the circumstances of a child with a disability persist, there is an obligation to provide maintenance by the parents.
The first is by means of a lawsuit to establish the quota; the second is by means of a private agreement between the parents where a quota will be established for whoever has custody and care of the children and will only have some variation if circumstances arise that merit it.
How to request an increase in child support?
In order to increase the child support payment, it is necessary to refer to the regulations of paragraph 6 of article 129 of the Childhood and Adolescence Code, which establishes that the increase must be made in a conciliation hearing or by a private agreement between the parents and the family judge.
The quota shall be adjusted every year as of January 1, through the percentage of the consumer price index (CPI). The Colombian Institute of Family Welfare (ICBF) establishes that the increase in the child support quota for children who are in the national or international territory may be made by means of an agreement between the parents, but if an increase is not reached by mutual agreement, it will be established by the CPI as mentioned above.
Can I request a reduction of the child support payment?
If, when the circumstances that gave rise to the fixing of the maintenance quota have changed, it is feasible to advance the process of Reduction of Maintenance Quota in order to reduce its amount. However, it must be taken into account that the amount initially set as alimony must continue to be complied with, until it is modified, if necessary.
It is understood that the initial circumstances for the establishment of the Maintenance Quota have been modified, among others, for the following reasons: loss of employment, existence of other children, decrease in the economic capacity, etc.
What are the consequences of non-payment of child support?
This could involve a lawsuit before a family judge, in which you may be garnished up to 50 percent of your salary, as mentioned above. In addition, he may be prevented from leaving the country.
Through criminal proceedings, you may be reported to the Public Prosecutor’s Office for failure to pay child support. Pursuant to article 233 of the Colombian Criminal Code, the crime of not paying the amount of money corresponding to the quota is classified as child support non-attendance and is punishable by imprisonment of 16 to 54 months and a fine of 13.33 to 30 times the current legal monthly minimum wage.
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Cybergraphy:
- Official ICBF website:
https://www.icbf.gov.co/portafolio-de-servicios-icbf/fijacion-cuota-de-alimentos
- Legal Affairs, José González Bell: https://www.asuntoslegales.com.co/actualidad/conozca-como-se-fija-una-cuota-alimentaria-de-un-hijo-y-las-sanciones-si-la-incumple-2936303
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