Child support is a non-waivable right, regulated in the Colombian Civil Code in Articles 411 to 427, and in the Childhood and Adolescence Code in Articles 111 and 129. As for the procedure, it is regulated in Article 397 of the General Code of Procedure.
Child support is defined as a financial obligation that one person must provide to another who needs it. Hence, child support is grounded in the principles of solidarity, family assistance, and the duty of gratitude.
In accordance with the Childhood and Adolescence Code, child support includes: housing, health, education, clothing, and recreation. Therefore, when this financial obligation is set, it must cover all these elements, since the obligor must provide all these basic essentials for the beneficiary’s life.
When we say that child support is a financial obligation, this refers to the support payment, which, as a general rule, is paid in cash. Exceptionally, part of the child support may be paid in kind, but not all of it.
When do you file a child support lawsuit?
There must be a triangular relationship made up of three parties: feeder, feeder, legal relationship (title).
1. Obligor: the person who is required to pay child support. This is always the passive party, the one obligated to provide support to the person who needs it. It is not enough to have the status of obligor; their financial capacity must also be assessed.
2. Beneficiary: the person who will benefit from the child support payment, who receives it. This is a qualified party, as they must have the need to receive support.
Consequently, it is not enough to have the status of beneficiary or obligor; the beneficiary must prove the need and the obligor must prove financial capacity.
Legal relationship or legal basis: this arises from Article 411 of the Civil Code, which indicates who is obligated to pay child support and, at the same time, to whom it is owed.
Who do you sue? Not only the parents
- Spouse: while married, or divorced, or legally separated; in the last two cases, these are sanction-based support payments.
- Permanent partner: those who live together in a de facto marital union, while it remains in force. This is pursuant to Judgment C-1033 of 2002.
- Descendants: marital, non-marital, or adopted children.
- Ascendants: marital, non-marital, or adoptive parents.
- The person to whom the obligor made a donation: someone who, at a time of financial capacity, decides to donate a substantial amount in favor of the obligor.
- Legitimate siblings: full siblings, that is, support is not owed to half-siblings.
It is important to clarify that all these beneficiaries, except siblings, are owed congruous support—support that enables the beneficiary to subsist modestly according to their social position. Whereas siblings are only owed necessary support, that which is sufficient to sustain life.
The question that arises is:
How long must child support be paid?
The answer to this question must begin by clarifying that child support is one of those family matters that does not become res judicata, since it is subject to review if the circumstances of either the obligor or the beneficiary change—for example, if the father is not working. This means that:
Unlike other legal decisions that are final and cannot be changed, child support decisions can be modified.
For example, if someone loses their job or if the child no longer needs help, a review of the obligation may be requested.
Also…
Child support is paid as long as the conditions that justify it exist.
That is, it must continue to be paid as long as:
- The beneficiary (the one who receives child support) continues to need it (for example, because they are a minor or cannot support themselves).
- The obligor (the one who pays child support) has the financial capacity to do so (that is, can pay).
In this order of ideas it is concluded that the alimony must be paid until the circumstance that gave rise to the fixing of the same persists, that is to say, the feeder has the need and the beneficiary has the economic capacity.
