QCOSTARICA — The child support and alimony process in Costa Rica will undergo a significant transformation starting today, October 1, 2024, with the entry into force of the new Family Procedural Code.
This change seeks to streamline the procedures and promote agreements between the parties involved, which marks an important turn in the way of approaching these cases.
Read more: Costa Rica advances in family justice with the implementation of the new Family Procedural Code
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The most relevant modification lies in the reversal of the current process.
- After the filing of the alimony claim, the courts will have 10 business days to summon the parties to a conciliation agreement (…). However, it will be stated in the rule that, if there is no fruitful conciliation between the parties, the judge will impose a provisionally established amount.
- If the settlement is unsuccessful, the judge will have 24 hours to issue a ruling. This change contrasts with the current system, where a provisional amount is first set and then a more exhaustive analysis is carried out that can extend over months or even years.
The new code also introduces changes regarding the presentation of the claim. This can be done orally or in writing, and free legal assistance from the Public Defense will be offered for those who do not have sufficient financial resources.
Also, one of the new regulations is that if the parties accept what the judge stipulates as a fair amount, the process of executing the established payments will continue.
However, in case of discrepancies with what is established, a call for a hearing will be made during the following 15 days. During this period, the accuser and the accused must present their arguments to reach a consensus.
Another new aspect is the treatment of appeals. If the parties do not oppose the initial resolution, it will be executed immediately. Otherwise, five business days will be granted to appeal the decision, without this implying the suspension of the payment of the pension already established.
It is also necessary to clarify that those who fail to comply with the deposits of the agreed sum, run the risk of being arrested; and could even be jailed. However, if the debtor proves they have found a job, people who are in prison for child support will be released to work and take care of their personal situation.
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The implementation of the new code will mark the end of the current Law on Child Support, which will be repealed. The rules that regulate rights will now be transferred to the Family Code, while those related to processes will remain in the Family Procedural Code.
These modifications are part of an effort to protect the fundamental rights of people involved in family court proceedings. Basically, the code will especially look after the rights of spouses, children and adolescents by protecting the most vulnerable people.
These data underline the importance of streamlining and simplifying child support processes. With the entry into force of the new code, a significant reduction in resolution times and greater efficiency in the administration of justice in family matters is expected.
The transformation of the alimony system in Costa Rica will thus represent an important step towards a more agile justice system focused on the well-being of families.
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