18
May

The topic of Child Support requires a high level of attention, subtlety and care, at a family, social and judicial level. Non-compliance with this ubiquitous figure is severely punished in the Dominican Republic.

In the Dominican Republic, it is established in Art. 170 and following of the Children’s Code No. 136 of the year 2013 which states the following:

“Child Support consists of the care, services and products provided to fulfill the basic and indispensable needs of a child or adolescent, for their sustenance and development: food, shelter, clothing, assistance, medical care, medicine, recreation, integral development and academic education. These obligations are of public order ”.

In this article, we will answer questions commonly asked at our law firm Morillo Suriel. We are Lawyers based in Santo Domingo, Dominican Republic, who specialize in Family Law. We invite you to continue reading below, if you have questions or concerns on the topic at hand.

• Who is required to pay Child Support?

It must be paid by the father, mother and/or person responsible for the minor.

• Who determines the amount to be paid for Child Support and what is the criteria used to determine said amount?

This is one of the most commonly asked questions regarding this topic. Whenever Child Support is established for one of the parents, it is because they are not married or in a consensual relationship. As a result, it is common to have difficulties reaching an agreement.

The parents can reach a mutual agreement, in order to determine the amount to be paid, based on the needs that the child may have, but above all, taking in consideration the economic status of the parent who would pay that Child Support. This is true for cases settled by mutual agreement and by court order.

The concept of Child Support establishes that they are matters of public order. This means that if the parents are not able to reach an agreement, a Judge would make a determination. In summary, the following factors are used to make a determination:

1. Economic status of the Father or Mother.
2. Needs of the child.

• Can we establish Child Support or is it mandatory to have to it established by a judge?

It is ideal for the parents or interested parties to reach an agreement, and that agreement would be fully accepted, given that it is possible to request the ratification of said agreement before the court. This would be qualified as an amicable process, otherwise, a judge would make a determination. Nevertheless, any of the two options are viable.

However, we would like to remind you that a non-contentious process is always more beneficial for the parties involved, given that these proceedings are:

1. Faster.
2. Less costly.
3. It can be done without the need of a lawyer in  the Dominican Republic.
4. Less traumatic for the parties involved.

• Why should child support be paid?

Because it is a Human, Legal and General Right for the child or adolescent to receive food from the father, mother and responsible person.

• Can I request retroactive Child Support payments?

It depends on each individual case.

In cases in which there is an existing sentence establishing these payments, you would be able to request them retroactively.

Conversely, if a sentence has not been issued for these purposes, it is assumed that the other parent has been complying with the Child Support requirements, for the time frame in question.

• What can Child Support payments be used for?

Exclusively for the use and well being of the child.

• Until what age are parents and guardians required to provide Child Support for their children?

Until the child reaches the age of majority, which is eighteen (18) years. However, in the case of children and adolescents with special physical or mental needs, the requirement of the father and mother must be maintained, until the beneficiary is able to support themselves, even after becoming of age.

• Is the non-custodial parent required to pay the entire amount of Child Support ?

This is one of the most confounding situations in this matter, since it is assumed that the person who cares for the minor (i.e. the person who has custody) is the party who needs to provide for the child, and the reality is that this is NOT the case. Both parents are equally responsible for the expenses of the child. However, whenever the support of a minor is evaluated, and the parents do not have the same economic condition, the financial situation of each parent is taken in consideration. Consequently, each parent will have to provide based on their income or economic condition.

Another important element in this matter is that when a Judge evaluates the Support that will need to be provided by a parent for their child, their income and expenses (Liabilities and Assets) are taken into account. Some examples are as follows:

Expenses / Liabilities:

1. Other children.
2. Their expenses (rent, food, mortgage, etc).

Income / Assets:

1. Wages
2. Movable and Real Property (Apartments, Houses, Lands, Commercial premises, Motor Vehicles, Companies, shares, Bank Accounts, Investment Certificates or any other financial instrument in general.
3. Exits and entry to the country.

At the start of the process, the first request made should be to evaluate the financial status of the parent in question, before the corresponding institutions. Some of those institutions are as follows:

1. Superintendency of Banks of the Dominican Republic.
2. General Directorate of Internal Taxes (known in Spanish as DGII).
3. Corresponding Chambers of Commerce.
4. Real Estate Jurisdiction.
5. Directorate General of Migration.
6. Among others.

By doing so, it is possible to determine the financial status of the individual. If this person has a more suitable financial status, their child would need to live in the same condition as them, i.e., they must provide for their children to allow them to live in similar conditions.

In the event it is not possible to verify that parent’s income, because they do not have a job or do not own anything in their name, it is assumed that they earn Minimum Wage and an amount for child support is established for their child based on that amount, which in this case is minimal.

• Am I required to concede to all the requests made by the other parent, such as schools, extracurricular and recreational activities, clothing and travel, even though they are out of my financial reach?

Of course not, Child Support sentences usually establish Extraordinary Expenses, however, these expenses must be discussed and evaluated by both parents. In other words, neither parent is able to unilaterally make a decision on this matter.

I remember a process I found quite interesting, and it consisted of the following:

A mother filed a Child Support Contempt case against the father of her daughter. The problem started when she decided to register the minor in ballet classes; the father was unable to pay and was not consulted before hand. As a result, she proceeded to file a complaint because, according to the mother, the father was not complying with the 50% established by the sentence for Extraordinary Expenses.

The ruling was issued on the first hearing (In voce) and the Judge immediately explained the following to the mother:

“These decisions are not supposed to be unilateral, both need to give their consent, and if she decided to register the child in those classes, she would be responsible for 100% of the payment.”

Therefore, I do not find the father in contempt.

This should answer the question; a parent cannot unilaterally add expenses without the consent of the other parent.

This does not apply to medical emergencies, for example.

• What happens if I disobey a Child Support order?

It would present very serious consequences. You may be arrested and serve prison if you are found in contempt.

That is just one example, however, there are other negative consequences, such as:

1. Garnishment of Bank Accounts (Retentive Garnishment). Payroll accounts are not subject to attachment, however, they may be seized in Child Support cases.

2. Payment Stop, which is a impediment that prevents you from receiving payments from individuals who owe you for services rendered, work and other reasons. Additionally, by court order, those individuals would be making said payments to the party who filed the claim (i.e. the person who is owed Child Support payments for their child).

3. Stay Order. This may be established on the first instance sentence, and in order to have it lifted, you would need to pay one year in advance of the monthly Child Support amount. This impediment may also be established due to non-compliance.

4. Third party debt order, Real Estate Garnishments and Attachments prior to judgment.

5. Imprisonment. As I said at the beginning, this is one of the consequences of being found in contempt, and it may be quite surprising, given that it is very easy to order an arrest warrant for Child Support non-compliance.

We can list many other consequences, however, we will only outline these five (5) and suggest that you handle this topic carefully, since having to address any of these repercussions can be quite arduous and costly for you.

• Can I use Child Support income for something other than what was previously established?

You cannot, and if you were to do so, you may be prosecuted.

• What can I do If I am unable to make Child Support payments, whether because the amount is too much or because my financial situation has worsened since the Support was established?

You have two (2) options:

1. You may file an appeal, as long as you do it within the time established by law and following the appropriate steps.

2. You may request to decrease or change the amount of Child Support imposed, by filing a request before the prosecutor’s office corresponding to the minor’s domicile, and providing supporting documentation to substantiate with your request.

• Can you request Child Support if one of the parents is outside the Dominican Republic?

Yes, you can. For more information, please access the hyperlink of this topic shown above.

In our law firm Morillo Suriel – Attorneys at Law, we have a division specialized in Family Law and Juvenile Law. Therefore, we can assist you with any questions or concerns you may have regarding the topic at hand, given that we are lawyers based in Santo Domingo, Dominican Republic specialized in the matter.