Child Support in Chile
In Chile, child support is set by a Family Court and follows the child, not the parents' nationality or marital status.
What this involves
Under Chilean law, parents owe their children support (alimentos) that covers food, housing, clothing, education, healthcare and recreation. The duty does not depend on whether the parents were married, on their nationality, or on whether the child was born in Chile. If the child lives in Chile, Chilean courts can set the amount and enforce it.
Most claims are filed by the parent who has the child day to day, against the other parent, before the Family Court (Juzgado de Familia) where the child lives. The rules sit in the Civil Code and in Ley 14.908 on abandonment of the family and payment of support, with procedure under Ley 19.968, which created the Family Courts. For expats, the practical questions are where to file, how to prove income earned abroad, and how a judgment actually gets collected.
What we handle
Filing a support claim
Preparing the demand after the mandatory family mediation, with evidence of the child's needs and of the other parent's means.
Defending a claim
Representing the parent being sued so the amount reflects real income and the other obligations a court should weigh.
Provisional support
Asking for a temporary amount while the case is pending, so the child is not left without support during the months to judgment.
Enforcement of unpaid support
Wage withholding, liquidation of arrears and the coercive measures Ley 14.908 allows, including the national debtors registry.
Cross-border cases
Situations where one parent lives outside Chile, including requests for international cooperation to recover support.
How the amount is decided
There is no fixed formula. The judge looks at the child's needs and at the paying parent's means, and Ley 14.908 sets a floor expressed as a share of the monthly minimum wage. The amount can be fixed in pesos, as a percentage of income, or in another readjustable unit, and it can be revised later if circumstances change.
Parents may agree on an amount in family mediation. If a judge approves that agreement, it has the force of a judgment. A handshake deal or a private contract does not, which is the most common reason informal arrangements collapse.
Collecting from a parent who earns abroad or avoids payment
When the payer has a Chilean employer, the court orders the amount withheld from salary and paid to the child's carer. For arrears, Ley 14.908, as amended by Ley 21.389 and Ley 21.484, lets the court order measures such as entry in the national registry of support debtors, retention of tax refunds, suspension of the driver's license and a travel ban.
If the payer lives in another country, enforcement depends on where the income and assets are. International cooperation mechanisms exist, and we coordinate with counsel abroad where needed. We will tell you early whether recovery is realistic in your situation, and we never promise a result.
Starting a claim without standing in the courtroom
Case review
Send us the child's documents and what you know about the other parent's income. We explain the realistic path and the sequence of steps.
Mandate and mediation
A power of attorney from a Chilean consulate or apostilled where you live lets us act. We explain how mediation works for you, including whether you can attend remotely.
Filing and follow-up
We file the claim, appear at hearings and keep you updated in plain English. Once there is a ruling, we move to collection.
Child Support in Chile — common questions
What English-speaking clients ask us most about this specific service.
I am a foreigner living in Chile. Can I claim child support here?
Do we have to go to mediation before suing?
How much is child support in Chile?
The other parent lives abroad. Can I still get support?
Can we agree on support privately without a court?
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