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Free Guide to Hiring a Family Lawyer
Child support in La Plata is governed primarily by the national Código Civil y Comercial de la Nación together with the procedural rules and family court practice of the Province of Buenos Aires. The legal obligation to provide alimentos - commonly called child support - arises from the parental duty to ensure a child’s material, educational, health and emotional needs. The guiding principle is the best interest of the child, which courts use to decide the amount, scope and duration of support.
In La Plata, family and domestic relations matters are handled by specialized family courts - Juzgados de Familia - that receive claims for establishing paternity, setting support, enforcing unpaid support, and modifying existing orders. Support orders can be agreed out of court and then homologated by a judge, or set after judicial proceedings. Courts consider the child’s needs, the parent’s ability to pay, and any special circumstances affecting either party.
Although some straightforward support agreements can be arranged between parents, there are many situations where legal representation is important or necessary:
- If paternity is disputed and you need to request DNA testing or start a filiación action.
- When the parent who should pay refuses to contribute, or repeatedly misses payments and enforcement actions are needed.
- If income is complex - for example self-employment, freelance income, business ownership or assets abroad - and proof of capacity to pay requires legal work.
- To negotiate or draft a settlement agreement to be homologated by the court, ensuring the agreement is enforceable and protects the child’s rights.
- To request modifications when economic circumstances change significantly - job loss, new dependents, substantial increase in costs, or a major change in the child’s needs.
- When cross-jurisdictional issues arise - enforcement between provinces or internationally - which require knowledge of judicial cooperation rules and treaties.
- In cases involving domestic violence, where urgent protective or provisional relief is needed in addition to support.
Key legal aspects to keep in mind in La Plata and the Province of Buenos Aires:
- Scope of the obligation - Alimentary obligations include food, health care, clothing, education, housing and reasonable leisure or cultural activities. Courts aim to cover the child’s material and social needs proportionally to the family’s standards.
- Calculation method - There is no single national formula. Judges set amounts based on the child’s needs and the payer’s ability to provide support. Courts will weigh declared income, actual living standard, expenses, and available evidence. In practice courts often request proof of income such as payslips, bank statements, tax returns, and contracts.
- Provisional and urgent measures - Family judges can order provisional support on an urgent basis while a case is pending, to ensure immediate care for the child.
- Enforcement tools - When a payer does not comply, courts can order measures including withholding from wages - retención de haberes - bank account embargoes, property liens, seizure of assets and fines. In certain cases, criminal proceedings or contempt measures may be pursued when nonpayment is wilful - a lawyer can advise on available enforcement routes in each case.
- Duration - Support generally continues while the child is a minor. It may be extended beyond majority if the child is studying and cannot support themself, or if they have a disability that prevents self-sufficiency. Courts examine circumstances case by case.
- Mediation and conciliation - Many family matters require prior attempts at mediation or conciliation under provincial procedural rules. Agreements reached in mediation can be submitted for judicial homologation to become enforceable.
- Paternity - Establishing filiación is often the first step when the parent is unknown or disputed. Recognition or a court-ordered paternity test fixes legal parentage and triggers the support obligation.
The legal parents of the child are responsible for providing support. This includes biological parents once paternity is established, and adoptive parents after adoption. Support obligations aim to cover the child’s basic and reasonable needs.
Judges balance the child’s needs with the paying parent’s capacity to pay. They consider income, assets, family expenses, the child’s age and specific needs, and the standard of living the child enjoyed. There is no single formula, so results vary by case.
Typical items are food, housing, clothing, education, medical care and medicines, dental treatment, transportation for medical or educational needs, and reasonable extracurricular activities. Courts may also allocate extraordinary expenses - for example expensive medical treatment or university costs - either by increasing the periodic payment or by orders for proportional sharing.
Yes. Either parent can ask the court to modify an order if there has been a substantial change in circumstances - for example loss of employment, a significant increase in the child’s needs, an improvement in the payer’s income, or other major changes. Courts review the factual situation and may increase, reduce or otherwise alter the terms.
If payments stop, you can ask the family court for enforcement measures. Common remedies include salary garnishment, bank account embargo, seizure of property, and enforcement of previously homologated agreements. A lawyer can file the enforcement motion and seek provisional relief for urgent needs while the case proceeds.
Yes, if paternity is not legally established, a filiación action or voluntary recognition is usually required. Courts can order DNA testing when paternity is disputed. Once parentage is fixed, the support obligation can be enforced.
Support normally ends at majority, but it can continue past that point if the adult child cannot support themself due to disability, prolonged education or other justified reasons. Courts assess each case on its specifics.
Yes. One common enforcement mechanism is retención de haberes - withholding directly from wages. Courts may order a percentage to be deducted from the payer’s salary and paid to the dependent directly or through a designated account.
Useful documents include the child’s DNI and birth certificate, your DNI, any existing court orders or agreements, proof of the payer’s income if available (payslips, tax returns, bank statements), records of expenses for the child, evidence of missed payments, and any communication between the parents about support.
Yes, parents can reach a private agreement on support. It is advisable to have the agreement homologated by a family judge so it becomes an enforceable court order. This protects both parties and the child - a judge will review the agreement to ensure it respects the child’s rights and best interests.
When seeking help in La Plata, consider these local options and institutions for guidance and support:
- Juzgados de Familia de La Plata - the family courts that handle filiación, support, enforcement and modification matters.
- Colegio de Abogados - Distrito La Plata - for referrals to family law specialists and to confirm a lawyer’s credentials.
- Defensoría Oficial y Asistencia Jurídica Gratuita - public defender or legal aid services for people who cannot afford private counsel.
- Servicio Local de Promoción y Protección de Derechos de Niñas, Niños y Adolescentes - local child protection services that can provide additional social support and referrals.
- Registro Civil - to obtain or verify birth certificates and identity documents needed for judicial proceedings.
- Family mediation centers - many disputes may be channeled to mediation services before or during court processes.
- Court records and secretariats - the family court secretariat can provide practical information on procedures, required forms and local practices.
If you need legal assistance for child support in La Plata, here is a practical roadmap:
- Gather documents - collect the child’s birth certificate and DNI, your DNI, proof of expenses, records of payments or missed payments, and any evidence of the payer’s income.
- Try to negotiate - if safe and possible, discuss support with the other parent and consider mediation. A clear written agreement can be submitted for homologation.
- Seek legal advice - contact a family lawyer or legal aid service for an initial consultation. Ask about fees, likely timelines, provisional measures and enforcement options.
- Consider urgent relief - if the child has immediate needs - for example for medical care or housing - request provisional support from the family court while your case proceeds.
- Prepare for court - if you proceed judicially, your lawyer will help prepare pleadings, request paternity testing if needed, present financial evidence and ask for enforcement or modification measures.
- Keep thorough records - maintain receipts, invoices, messages and any bank transfer confirmations related to the child’s support. These records help in court and in enforcement proceedings.
Dealing with child support can be stressful, but the legal system in La Plata provides channels to set, enforce and modify obligations. Consulting a qualified family lawyer or public defender early will clarify your rights and options and help protect the child’s best interests.
