Child Support in Colombia

1. Child Support in Colombia: A Fundamental Obligation

Under Colombian law, parents have an absolute obligation to provide for their children, regardless of marital status or whether the child has been legally recognized.

This obligation is based on the principles of:

• Protecting the child's well-being.

• Ensuring access to education, healthcare, nutrition, housing, and emotional support.

Important: Colombian courts always prioritize the best interests of the child (interés superior del menor), making this an enforceable and non-negotiable duty.

2. Does Marital Status Matter?

In Colombia, it does not matter if a child was born:

• Inside a marriage.

• From a de facto union (unión marital de hecho).

• From a casual relationship or other non-marital situations.

All children have equal rights to receive financial support from their parents.

3. What About Non-Recognized Children?

If a child has not yet been legally recognized by one of the parents, child support obligations still apply.
In these cases, the child (usually through their guardian) can initiate a paternity suit (proceso de filiación) to establish parentage.

Once paternity is confirmed (through evidence or DNA testing), the court will immediately proceed to set a child support order.

Note: Colombian courts are very strict about ensuring that delays in recognition do not harm the child's rights.

4. How Is the Amount of Child Support Calculated?

The amount of child support is based on:

• The needs of the child (education, medical expenses, housing, recreation, etc.).

• The economic capacity of each parent.

There is no fixed percentage. Instead, judges balance the child's needs with the parents' financial realities.

In many cases, parents can negotiate an agreement voluntarily and formalize it before a Family Defender's Office (Comisaría de Familia) or a judge.

5. How Is Child Support Enforced?

If a parent fails to comply with a child support obligation, Colombian law allows several enforcement mechanisms, including:

• Wage garnishment (embargo de salario).

• Seizure of bank accounts or property.

• Suspension of a driver’s license or passport in serious cases.

• Criminal charges for "failure to provide assistance" (delito de inasistencia alimentaria).

Expats should be particularly careful, as non-compliance can lead to significant legal consequences, including immigration complications.