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Alimony Chile [Guide 2023] [Pensión de Alimentos Chile [Guía 2023].

pension-food-chile

Table of Contents

Legal guide with everything you need to know about filing a child support claim, from mediation to payment of child support.

Includes update of the National Registry of Child Support Debtors and more.

Family Mediation

Family law has as one of its main axes to maintain a harmonious relationship between family members, and therefore seeks to avoid conflict. 

This is why mediation must be carried out before a claim for alimony can be filed.

This is a procedure in which both parents attend a mediator whose objective is that the parties reach an agreement. It can be done free of charge by requesting an appointment at this link with your unique password.

However, since they are free, they are saturated and the hours are given months later. The other option is to pay a private mediator, which varies in price, but is much faster. There are several options, which is why I suggest you Google for a quote.

Unfortunately, often at this point family relationships are already strained, so most mediations are frustrated.

The mediator will give you a Certificate of Frustrated Mediation, with which you can file a claim for alimony.

Filing a claim for alimony

Having in your possession the Certificate of Frustrated Mediation, you can file a claim for alimony with the sponsorship and representation of a qualified attorney.

This brief details the facts that support the claim and all the monthly expenses incurred, with emphasis on the children's expenses, since it is sought that the breadwinner covers part of these.

For the same reason, it is advisable at this point to gather as many receipts, vouchers, salary statements, among others, that allow to prove the expenses and income of the household in a given month.

The lawsuit is filed through the Virtual Judicial Office and subsequently a ROL and a court are assigned to the case. Finally, a preparatory hearing is scheduled.

Provisional Food

Another main focus of family law is that the children's quality of life is not affected, in particular, the quality of life they had before the separation of their parents.

This is why it is possible to request at this stage of the procedure (in an additional document to the claim) the establishment of provisional alimony, but this will depend on the state of need of the child, but as a general rule the judges establish it, so as not to harm the family economically.

These alimonies are established before the hearings, which may take some time to be held, so it is important that they be requested in the lawsuit.

Preparatory Hearing

This is an oral hearing, in which the attorney must present the evidence that will be used by the judge to issue a sentence.

Although these means of evidence are not accompanied at this point of the procedure, it is highly advisable to have an idea of what will be the definitive documents to be presented, since after the Preparatory Hearing it is very difficult to incorporate additional means of evidence.

In the record of the Preparatory Hearing, a Trial Hearing is scheduled, which is the last step in a claim for alimony.

Trial Hearing

This is also an oral hearing, in which the attorney presents the evidence that was incorporated in the Preparatory Hearing. After the arguments of each party, the judge issues a sentence and establishes the definitive alimony.

Witnesses can also intervene at this stage, children or adolescents can be heard, but it is not advisable to subject children to these disputes.

Alimony Debt Settlement and Request for Apprehensions

Although the trial hearing is the final point of the procedure for requesting alimony, it happens that many times the provider does not comply with his obligation and the alimony debt begins to increase.

In these cases it is possible to request an injunction, which seeks to force the debtor to pay what he/she owes. However, before being able to apply for the apremios, a writ must be filed requesting the liquidation of the debt, in this way, an official of the court will review the payments that have been made and calculate the debt with the corresponding readjustments.

The most common constraints are:

  1. Overnight arrest
  2. National Rooting
  3. Suspension of the driver's license for a 6-month period

Unfortunately, these requirements are not sufficient, and many times the maintenance debtors create mechanisms so that these are not effective, so there are cases where the feeder has never paid and the sums owed are in the millions.  

For this same reason, Law No. 21,389 was passed, which aims to provide a greater number of tools to facilitate and enforce the payment of child support debts.

National Registry of Child Support Debtors

On November 18, 2022, the National Registry of Alimony Debtors will enter into force, which will be in charge of the Civil Registry and will seek to ensure the payment of alimony owed.

First, it is important to note that two things must happen in order to enter this registry:

  1. There is an obligation to pay alimony, whether regulated by mediation or by a judgment of a Family Court.
  2. The debtor owes 3 continuous months or 5 discontinuous monthly payments.

Also, it is necessary to make the following distinction:

  1. If the alimony was decreed before November 18, 2021 (prior to the publication of Law No. 21,389), the incorporation of the debtor must be requested by means of a liquidation of the alimony debt.
  2. If the payment of the alimony was ordered after the aforementioned date, the Family Court will order ex officio (i.e., automatically) every month the Civil Registry to register the debtor debtor in this Debtor Registry.

Consequences of being registered in the National Registry of Child Support Debtors

  1. Withholding of tax refund.
  2. Withholding of up to 50% of a bank loan requested by the person for 50 UF or more.
  3. If the debtor sells a vehicle or property, the registration of the transfer may be prevented if the maintenance owed is not paid, however, the sale may be allowed, but part of the amount may be required to be used for the payment of the debt.
  4. You may be denied renewal of your driver's license and passport.
  5. Withholding of remuneration of general managers or directors of publicly traded companies with stock exchange transactions.
  6. Inability to receive certain economic benefits or bonuses from the State.
  7. Withholdings of remunerations by the employer for the payment of the debt.
  8. Payment of the debt with the severance payment for years of service of the debtor dismissed from work.

Questions and Answers about Child Support in Chile

What does it mean to be in the Registry of Alimony Debtors?

What is the new law for maintenance debtors?

What about Alimony Debtors?

When is the National Debtors Registry in effect?

Effective as of November 18, 2022.

How does the Registry of Delinquent Maintenance Debtors work?

What about child support arrears?

How to request an arrest warrant for non-payment of alimony?

What happens if a maintenance debtor does not pay?

What rights does the maintenance debtor have?

What happens if I have an arrest warrant for food?

How to cancel an alimony debt?

How to regularize an alimony debt?

Contact NSS Attorneys

All this is what you should know about alimony, if you have any questions, you can contact me or leave your comment which I will answer as soon as possible. Also, I invite you to browse the site, as there are many blogs where you can read about different and interesting topics.

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Rodrigo Cortés
Rodrigo Cortés
1 year ago

Good article, it is much clearer to me what the national debtors' registry consists of.

Alejandra B
Alejandra B
1 year ago

Excellent article

Silvana Gonzalez
Silvana Gonzalez
1 year ago

Very good information, all the doubts I had were solved.

Javiera
Javiera
1 year ago

Very clear information provided

Italo Medel
Italo Medel
1 year ago

Me gustó mucho el artículo, es necesario para informar a la gente 🙂 <3

Andres Nuñez
Andres Nuñez
1 year ago

Very explanatory, clear and precise for those who do not know the subject well and are looking for guidance.

Javier Muñoz
Javier Muñoz
1 year ago

Great article, I cleared several doubts I had.
Thank you.

Fernanda Santis
Fernanda Santis
1 year ago

Clear way of presenting the information, interesting article.

Nicolas Rojas
Nicolas Rojas
1 year ago

Well defined article, very nice. I like the way it is written and if you read it, it is clear what it is about and it explains well everything you need to know about alimony.

Esperanza
Esperanza
1 year ago

This is great! I'm doing a paper on the subject and it was very clear, thank you very much!

Katalina Alvarez
Katalina Alvarez
1 year ago

Very good article, it explains everything clearly.

Valentina
Valentina
1 year ago

super complete!

Christian
Christian
1 year ago

Very good information, I would have loved to have had access to all this data some time ago.

Javiera Jara
Javiera Jara
1 year ago

Excellent article, a very interesting and well articulated topic.

Alberto Mendoza
Alberto Mendoza
1 year ago

Good article quite explanatory and neat, I was left with a doubt about what you are referring to about provisional food, is it something like the basic food basket? Or is it about special foods previously established? And in the last paragraph about the national registry of debtors I think there is a typo when it says as date Nov. 18, 2021, that

Maca
Maca
1 year ago

Good morning a question please... in what cases can you sue the grandparents? in my case the father does not work (his parents support him) and I would like to know if I can sue the grandparents and what steps to follow. Thank you very much.

Claudia
Claudia
1 year ago

Hello, what happens if the debtor owes from years ago, is the law valid or is it only for those who owe 5 months ago.
Please clarify my doubt.
Thank you

roxana tapia
roxana tapia
1 year ago

good morning, what happens if the father earns much more than the minimum wage but his liquidation appears at the minimum wage, can anything be done?

Marilyn Coronado
Marilyn Coronado
1 year ago

Hello, I am in the process of separation, my question is if my ex does not want to go to mediation can I go alone? And the % that is calculated by concept of pension is estimated according to his salary (1.500.000) is what he earns. how should I support my son's expenses in a mediation?

Cynthia Perez pastor
Cynthia Perez pastor
1 year ago

My son's father gives me a pension of 168,000 pesos, is it possible that with the birth of his other son (current relationship) he may ask to lower the alimony.
Every time my son needs something he claims that he has no money, even now that a new school year is coming he says that he has no money for school shopping and that it is up to me, not him.
Can I ask for an increase?

Danilo
Danilo
8 months ago

Will this new law still apply to alimony or will it only apply to child support?

daniela gatica
daniela gatica
8 months ago

Are those who have an SPA with a partnership also affected by the pension increase claim?

Sergio gonzalez
Sergio gonzalez
2 months ago

Se puede pedir boletas a la mamá para justificar gastos?

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