Child support is an ongoing and regular payment that parents make for the financial benefit of their children when a marriage or another similar relationship comes to an end. In a new edition of “5 Minute Legal Insights” on Radio Femenina, our associate attorney, Rubén Rivas, discussed child support in El Salvador, how it is understood, and how it is determined.

“A child support payment is the contribution that the father or mother must make for the child’s support. Whether you are unmarried, divorced, or not living with them, you still have to pay child support,” stated Rivas. However, our specialist in Litigation and Arbitration pointed out that this financial contribution can only happen when the father is listed on the child’s birth certificate or when dealing with an adolescent.

According to Rivas, the amount to be paid as child support is calculated based on the earnings of the defendant and the needs of the child: “Not all children have the same expenses. For example, if a child has a chronic illness or a special medical condition, it must be taken into account for healthcare expenses.”

To determine this, parents should come to an agreement on how they will support the child. If that’s not the case, it can be mediated through legal channels, either with a judge or through the Family, Childhood, and Adolescence Defense Unit of the Attorney General’s Office.

“If both parties cannot agree, a judge will come in to oversee all aspects of a trial and will conduct a series of assessments 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’s well-being, including medical care, clothing, food, and everything related to their support.

Our associate also noted that this support can be extended even when the adolescent reaches the age of majority: “They are still entitled to benefits because they might not have a job and will be attending a university.”

Family courts, peace courts, and the Attorney General of the Republic have the authority to order that a person obligated to pay provisional or permanent child support cannot leave the country until they fulfill their obligation. Additionally, failure to comply can result in a prison sentence of one to three years or community service.

For inquiries, you can reach us through our social media channels or visit our offices in the Escalón neighborhood, San Salvador.