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Free Guide to Hiring a Family Lawyer
Child support in San Justo is part of Argentina-s broader family law framework. The legal obligation to provide financial support for children is called "alimentos." This obligation is based on the principle that parents must ensure the child-s material, educational, medical and developmental needs are met according to their means and the child-s needs. Procedures and enforcement are handled through family courts that operate within the judicial structure of Buenos Aires Province - the Partido de La Matanza courts have jurisdiction in San Justo. Judges assess needs and the payer-s capacity to determine the amount and form of payments. Courts can also order provisional support while a full proceeding is pending.
You may want to consult a lawyer in these common situations:
- To establish a legal obligation for support when the other parent does not pay voluntarily.
- To establish paternity if parentage is in dispute or not yet legally recognized.
- To ask the court for provisional or urgent support while a full case is pending.
- To modify an existing support order because of a material change in circumstances - for example, loss of income or increased child needs.
- To enforce collection when the payer refuses to comply - for example, to arrange wage garnishment, bank embargoes or other enforcement remedies.
- When there is a cross-border issue or the payer lives outside Argentina - international recovery raises extra procedural and evidentiary questions.
- To negotiate a private agreement or mediated settlement that will be made judicially enforceable.
- To advise on complementary claims such as health insurance coverage, school costs or extraordinary expenses.
Key aspects that affect child support cases in San Justo include the following:
- Legal basis - The obligation of "alimentos" is established under Argentina-s Civil and Commercial legal framework. The court determines the content of that obligation according to the child-s needs and the obliged person-s capacity.
- Jurisdiction - Family and domestic relations matters are handled by local Family Courts in La Matanza with sittings in San Justo. These courts have authority to decide, order provisional measures and enforce decisions.
- Calculation method - Courts consider the child-s basic needs - food, clothing, education, health care and housing - and the payer-s income and living standard. Judges may set a percentage of income or a fixed monthly sum. There is no single automatic percentage that applies in all cases - each decision is fact-specific.
- Provisional and urgent measures - The court can order interim support quickly if a child-s needs are urgent, even before the final decision.
- Duration - Support is generally ordered until the child reaches majority, and it can continue past majority when the child is still financially dependent due to higher education, training or incapacity. The court decides extensions on a case-by-case basis.
- Modification and review - Orders can be modified if there is a significant change in the payer-s ability to pay or the child-s needs.
- Enforcement - Courts can enforce obligations by ordering wage garnishment, freezing or seizing bank accounts, imposing fines, or other coercive measures. Persistent refusal to pay may also expose the payer to criminal or contempt proceedings depending on circumstances and applicable rules.
There is no single formula that applies to every case. The judge evaluates the child-s reasonable needs and the payer-s ability to pay. This often means reviewing income, living costs, and documented expenses for education, health and housing. The court may set a fixed monthly amount or a percentage of income depending on the facts presented.
Both biological parents have an obligation to provide support, but the parent who has primary custody typically receives the payments. If paternity is not legally established, a judicial proceeding to recognize parentage may be necessary before a support order can be issued.
Support can be requested as soon as a need is demonstrated. Courts can order provisional payments immediately where there is urgency. Support normally lasts until the child reaches majority, and can be extended if the child is still dependent due to education or disability. Exact duration is decided by the court.
Yes. Family judges can grant provisional or urgent measures to cover immediate needs while the main proceeding continues. This is common where the custodial parent cannot meet basic expenses while waiting for a final decision.
If payments are not made voluntarily, you can ask the court to enforce the order. Enforcement tools include garnishing wages, embargoing bank accounts, imposing fines, and other coercive measures. In persistent or bad-faith situations, criminal or contempt proceedings may be available. A lawyer can advise on the best enforcement steps.
Yes. A support order can be modified if there is a significant change in circumstances - for example, a substantial change in income, new costs for the child, or other material changes. You must present evidence to the court supporting the requested change.
Basic support is intended to cover food, clothing, housing, education and healthcare. Extraordinary expenses - for example, private school fees, orthodontics or specialized therapies - can also be included or shared if the court finds them necessary. Parties can ask the court to allocate responsibility for these costs in proportion to ability to pay.
In Argentina, the obligation to provide alimentos primarily rests with parents. If parents are unable to provide support, under limited circumstances the court may look to other relatives with a legal duty to assist. These cases are exceptional and depend on the specific family situation and applicable legal rules.
Commonly required documents include identification for the parties and the child, proof of residence, documents proving income and expenses for both parents, proof of school or medical costs if relevant, any prior court orders, and evidence of paternity if disputed. The court may request additional evidence depending on the case.
Timing varies. Provisional support orders can be issued quickly in urgent cases - often within days or weeks. A full hearing and final decision may take several weeks to several months depending on court workload, the complexity of the case, and whether paternity or complex financial issues must be resolved.
When seeking help in San Justo consider these local and national resources:
- Family Court offices for La Matanza - the branch that handles family and child support matters in San Justo.
- Registro Civil - for birth certificates and documentation establishing parentage.
- Administración Nacional de la Seguridad Social - ANSES - for information about family benefits and how benefits interact with maintenance orders.
- Public defense services and provincial legal aid - the Defensa Pública or provincial legal assistance offices provide support or guidance for people who cannot afford a private lawyer.
- Local bar association or colegio de abogados - for referrals to attorneys who specialize in family and child support law.
- Community organizations and NGOs that provide family support and counseling services - these groups can often help with documentation, mediation or social assistance while legal proceedings move forward.
If you need legal assistance with child support in San Justo follow these steps:
- Gather documents - collect identification, the child-s birth certificate, proof of income for both parents, receipts for school or medical costs and any existing agreements or orders.
- Seek initial legal advice - consult a lawyer experienced in family law to review your situation and explain your options. If you cannot afford a lawyer, contact public defense or legal aid services for assistance.
- Consider mediation - many cases can be resolved faster and with less expense through mediated agreements that are later made enforceable by the court.
- File a claim or request provisional measures - if voluntary agreement is not possible, your lawyer can help file a petition in the Family Court in La Matanza and ask for urgent provisional support if needed.
- Keep detailed records - document missed payments, communications with the other parent, and all child-related expenses. Records strengthen enforcement and modification requests.
- Follow up on enforcement - if the payer does not comply with an order, instruct your lawyer to initiate enforcement procedures promptly to avoid accumulating unpaid debt.
If you are unsure where to start, contact the local Family Court or a legal aid office for orientation on the filing process and immediate measures available to protect the child-s needs.
