Here’s how to file a case for child support:
1. Submit the case to the Juvenile and Family Court where the “defendant” or “the petitioner is domiciled within the court’s jurisdiction” or “the court where the case originated is located.
2. You can file if the party who should receive support is not receiving it or is receiving insufficient support.
3. The statute of limitations for filing a claim for child support is 5 years from the date the parents or either parent made a support payment.
4. You can claim child support until the child reaches the age of 20 (legal age) or until they complete a bachelor’s degree, unless the child is disabled and unable to support themselves.
Child support lawsuit
In cases where one parent has solely paid for the care of a child, while the other parent has not contributed to child support, the parent who has paid can exercise their legal rights to compel the other parent to share responsibility for child support as the child’s parent.
Who has the right to file for child support?
The parent who has custody of the child, and the public prosecutor (in cases where the child files a lawsuit, it is considered an ‘unnatural case’ under Section 1562 of the Civil and Commercial Code) have the right to file a lawsuit for child support. However, in the case of an illegitimate child filing a lawsuit against their father for paternity recognition along with a claim for child support, the child can file the lawsuit themselves and it is not considered an ‘unnatural case’ requiring the public prosecutor to file on their behalf.
The Civil and Commercial Code
Section 1562: No person may file a civil or criminal case against their ascendants. However, if that person or a close relative of that person requests, the public prosecutor may raise the case for consideration.
Section 1565: In addition to the public prosecutor raising a case for consideration under Section 1562, a father or mother may also bring a case for child support or to request that the child receive support in other ways.
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With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.