Child Support in Colombia: How It's Set, Increased, and What to Do If It Goes Unpaid
## The child support obligation
In Colombia, the child support obligation is regulated by the Civil Code and the Childhood and Adolescence Code (Law 1098 of 2006).
Support covers not just food, but also: housing, clothing, medical care, education, recreation, and everything necessary for the child's full development.
Who is obligated to pay?
The first person obligated is the parent who doesn't have custody of the child. But if that parent can't pay, the obligation passes, on a subsidiary basis, to: - Grandparents (on either side) - Adult siblings - Other ascendants
How is the amount calculated?
The law doesn't set a fixed amount — a judge determines it based on: - The child's needs: actual cost of support - The defendant's financial capacity: income, assets, debts - The family's standard of living before the separation
As a practical reference, family courts in Bogotá typically set support payments between 25% and 40% of the defendant's salary when there's one child.
Process for setting the amount
Conciliation route (faster): Before a Family Commissioner's Office (Comisaría de Familia) or the Ombudsman's Office. If there's an agreement, it carries the same legal force as a court judgment. Timeline: 1 to 4 weeks.
Judicial route: A lawsuit filed with the Family Court. The judge can order a provisional support amount while the case is being processed. Total timeline: 3 to 12 months.
Provisional support
From the moment the lawsuit is filed, the judge can set a provisional support amount that the defendant must pay while the case continues. This keeps the child from being left unprotected during the process.
Updating the amount
The amount set isn't fixed forever. It can be modified when: - The defendant's income changes (increases or decreases) - The child's needs increase (change of school, medical needs) - The child grows older and has higher expenses
To request an increase, you must file a support-amount adjustment proceeding.
What happens if it goes unpaid?
Failing to pay child support can lead to:
- Enforcement measures: garnishment of wages, bank accounts, or assets
- Arrest: Law 1098 allows for up to 30 days of arrest for a repeat delinquent debtor
- Reporting to credit bureaus: delinquent support debtors can be reported
- Suspension of parental authority
Support between spouses and ex-spouses
There's also support owed between adults: - Between spouses or common-law partners during a separation or divorce - For a spouse or partner who lacks sufficient income after the separation
Do you need to set, increase, or collect child support? We can guide you on the most efficient process for your situation.
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