At ERP Lawyers, we specialize in family law matters, aiming not just to guide clients through legal matters but also to serve as their guide, support, and compass throughout the process.
What should be included in a demand for alimony? According to Costa Rican Alimony Law, a demand for alimony must specify at least the following information:
Names, surnames, and qualifications of the petitioner and the alleged obligor. Names and surnames of the beneficiaries. Amount requested for each beneficiary by the petitioner. Mention of the economic possibilities of the obligated parties and the needs of the beneficiaries. Evidence supporting the demand. Place for notifications to be addressed. Upon receipt of the demand, the judge will establish a provisional alimony and set a date for the corresponding payment. If the defendant fails to comply with the payment, an order for bodily arrest may be issued against them, unless they are under 15 or over 71 years old.
When does the payment of alimony not apply? Although not having a stable job, salary, or income is not a strong reason for not paying alimony according to the law, there are certain specific situations where the payment does not apply:
- When the person responsible for paying the alimony cannot provide it without neglecting their own livelihood or that of other individuals or minors depending on them.
- When the person receiving the alimony does not need it because they have sufficient income of their own.
- When the beneficiary commits offenses, defames, or harms the person providing the alimony.
- If it is proven that, while married, one of the spouses abandoned the home or committed adultery, the other is not obliged to pay alimony.
- Alimony ceases when an ex-spouse remarries or starts living in a common-law relationship.
- When children reach 18, there is no longer an obligation to pay alimony.
- However, if they haven’t finished their studies, have good grades, and are under 25, alimony still applies.
For minors, ensuring their basic needs are met is paramount. That’s why effective and timely legal advice is vital.
