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Free Guide to Hiring a Family Lawyer
Child support in Argentina is commonly called "alimentos" and is designed to guarantee a childs basic needs - food, clothing, housing, medical care, education and other essential expenses - regardless of parental separation or marital status. Substantive rules on the obligation to provide alimentos are set primarily by the national Civil and Commercial Code. Courts in the Province of Córdoba apply those substantive rules together with local procedural law when hearing claims. In practice, family or civil courts in Córdoba resolve claims for the establishment, modification and enforcement of child support obligations, and can order provisional measures to secure funds immediately when the childs welfare is at risk.
Child support matters often involve urgent needs, complex facts and legal technicalities. You may need a lawyer if you must formally request support for a child, establish paternity, enforce unpaid payments, modify an existing award because incomes or needs have changed, or respond to a claim. A lawyer can prepare persuasive evidence of incomes and expenses, request provisional measures, advise on negotiated agreements or mediation, represent you in hearings, and pursue enforcement options such as wage garnishment or property embargoes. If you are facing cross-border enforcement, criminal proceedings for nonpayment, or disputes over the extent of parental responsibilities, legal representation is particularly important.
The substantive obligation to provide alimentos comes from national family law rules in the Civil and Commercial Code - the obligation is immediate, reciprocal between parents, and centered on the best interests of the child. In Córdoba, procedural matters - how to file a case, evidence rules, mediation requirements and enforcement mechanisms - are governed by provincial procedural rules and the organization of family courts. Claims for alimentos are typically brought before family courts or civil courts with family jurisdiction. Judges can order provisional support pending final decisions, set periodic payments or require one-off contributions for specific expenses like school fees or medical treatment. Courts examine both the childs needs and the payers capacity to pay, including income, assets and reasonable living standard. If a parent fails to pay, courts have civil enforcement tools such as wage garnishment, bank account embargoes and asset seizures, and in severe or repeated nonpayment situations, criminal proceedings may also be pursued under applicable penal provisions. Mediation or conciliation may be promoted as a way to reach agreement, but courts will act quickly to protect urgent needs when necessary.
Child support covers regular and necessary expenses for the childs wellbeing - basic food, clothing, housing, healthcare, school-related costs and reasonable extracurricular activities. Courts may also order contributions for specific large expenses - for example surgery, specialized therapy or university tuition - depending on circumstances and the childs needs.
Biological parents are primarily obliged to provide alimentos. When paternity or maternity is not legally established, a judicial procedure can determine parentage and create the support obligation. In limited circumstances, other relatives such as grandparents may have a subsidiary obligation to contribute if parents cannot fulfill the need - courts apply subsidiarity and proportionality principles before ordering such support.
Courts balance the childs needs with the payers capacity to pay. Judges will consider income, work and assets of the parents, the childs age and specific needs, standard of living prior to separation, and any special medical or educational needs. There is no single fixed formula applied universally; some judges use proportions of income as a guideline while others calculate documented expenses. A lawyer can help present clear evidence to support the requested amount.
Yes. Courts in Córdoba can grant provisional or urgent measures to secure immediate financial assistance for the child while the main case proceeds. These interim orders are common when the childs health or education is at risk and can be requested at the time of filing the claim.
Courts may order retroactive payment for a reasonable period before the claim was filed, commonly to the time the duty to pay arose or to when judicial notice was first sought. The exact scope of retroactivity depends on each case, evidence and applicable law, and courts will consider whether the claimant acted reasonably and promptly.
If a parent refuses or falls behind, the claimant can request enforcement measures - wage garnishment, bank account embargoes, seizure of movable assets and other civil enforcement tools. For repeated or willful failure to pay, criminal proceedings may be available in severe cases. A lawyer can initiate enforcement and advise on the most effective measures based on available assets and income sources.
Yes. Support orders can be modified if there is a substantial change in circumstances - for example a significant increase or decrease in either parents income, a change in the childs needs, or changes in custody or residence. Modifications require a judicial procedure in which the party seeking change proves the relevant change in circumstances.
Cross-border cases are more complex. You can still seek a court order in Argentina and pursue international enforcement through legal cooperation mechanisms and treaties, or via the foreign authorities where the payer resides. The specific route depends on the country involved and applicable international agreements. A lawyer familiar with international enforcement is recommended.
Commonly needed documents include the childs birth certificate, parents identity documents, proof of residence, evidence of incomes and expenses (pay slips, bank statements, employment contracts), school and medical expense receipts, any prior agreements, and proof of attempts to reach an agreement if applicable. If paternity must be established, DNA test results or a request for expert testing may be necessary. Your lawyer will prepare a tailored checklist for your case.
Timelines vary. Courts often grant provisional support quickly, but full proceedings can take months depending on complexity, evidence and court workload. Legal fees depend on the lawyer, case complexity and whether you use public legal aid. Low-income parents can apply for free legal assistance through public defender offices or pro bono services offered by the provincial Colegio de Abogados. Always ask potential lawyers for an estimate of likely costs and alternatives for fee arrangements.
Juzgados de Familia de la Provincia de Córdoba - the local family courts handle alimentos claims and related family matters. Registro Civil - to obtain birth certificates and identity documents needed to start a claim. Ministerio Público de la Defensa or Defensoría Pública de la Provincia de Córdoba - public defender or free legal assistance services for people who cannot afford a private lawyer. Colegio de Abogados de la Provincia de Córdoba - can provide referrals, information on legal aid programs and, in some cases, free legal clinics. Secretaría o Dirección de Niñez, Adolescencia y Familia de la Provincia de Córdoba - provincial agencies that provide guidance and protective services for children. ANSES - the national social security agency manages family allowances and can be a practical resource for information about benefits that affect family finances. Local non-governmental organizations that defend childrens rights - they may provide guidance, social assistance and referrals to legal services. When you contact these resources, bring identification documents and basic information about your situation so they can give practical guidance quickly.
1. Gather documents - collect the childs birth certificate, your ID, proof of residence, recent pay slips or other proof of income, receipts for child expenses, and any written communication between parents about support.
2. Seek initial advice - contact a family lawyer in Córdoba or a public defender to assess your case. If finances are limited, ask the Colegio de Abogados or public defender office about free legal assistance or pro bono clinics.
3. Consider negotiation or mediation - when safe and appropriate, mediated agreements can be faster and less costly. A lawyer can help negotiate terms that protect the childs interests and are enforceable.
4. File a claim if needed - your lawyer will prepare and file a juicio de alimentos or equivalent petition in the appropriate family court and request provisional measures if the childs needs are urgent.
5. Prepare for enforcement and modification - keep records of payments and expenses, and stay in contact with your lawyer about enforcement options if payments stop or circumstances change and modification is required.
If you are unsure where to start, contact the provincial family court registry or the Colegio de Abogados de Córdoba for a referral to a family law specialist. Acting promptly and with proper documentation helps protect the childs rights and increases the chance of a timely resolution.
