Ley de Pensiones Alimentarias (Ley N.º 7654) - Body Arrest, Travel Restriction, Salary Garnishment

The Ley de Pensiones Alimentarias (Ley N.º 7654, of December 19, 1996) regulates the procedure and collection mechanisms for support obligations (alimony/child support) in Costa Rica — the "legal muscle" behind the support payment process. For operational procedures on how to file a claim, see the "Pension alimentaria (Juzgado de Familia / Pensiones Alimentarias)" guide; this entry covers what the law says about how payment is enforced and what happens if it is not paid.

Nature of the obligation (Articulo 2): the support obligation is peremptory, highly personal, non-waivable, and priority-based — it cannot be assigned or waived, and it takes precedence over other debts.

How the process starts (Articulos 17-22): the lawsuit must state the requested amount, the financial means of the party obligated to pay, and the needs of the beneficiaries. The defendant has 8 days to respond (up to 30 days if residing abroad). In the same ruling that serves the lawsuit, the judge sets a PROVISIONAL support payment that takes effect as soon as it is served — there is no need to wait for a final judgment for the obligation to pay to exist.

Travel restriction (Articulo 14) — one of the most frequently asked about consequences: anyone who owes support payments CANNOT leave the country, unless the recipient expressly authorizes it, or the obligated party guarantees the payment of at least 12 monthly installments plus the Christmas bonus (aguinaldo).

Body arrest — detention for unpaid support (Articulos 24-26): in the event of non-compliance, the arrest of the delinquent debtor can be ordered (unless they are under 15 years old or over 71) for up to 6 months. It does not apply if the obligated party is already having the payment withheld directly from their salary, pension, or other income. Detention DOES NOT forgive the debt — it remains owed — and the obligation to pay is suspended while the detention lasts, unless it is proven that the detainee has income or assets during that time.

Not having a job is no excuse (Articulo 27): the law explicitly states that not having employment, salary, or income, or that a self-owned business yields no profits, is not a valid excuse for non-payment — the judge can investigate the real situation of the obligated party ex officio. Hiding or diverting assets or income to evade payment can result in a fine of up to 20 times the support amount, and the judge may refer the case to the Ministerio Publico (Public Prosecutor's Office) for possible fraud.

Direct salary garnishment (Articulos 62-64): at the request of the support recipient, the employer can be ordered to withhold the amount directly from the obligated party's payroll. An employer who fails to comply with the order becomes jointly liable for the debt, in addition to being subject to criminal penalties for disobedience. An employee CANNOT be dismissed for having this type of garnishment, and this garnishment takes precedence over any other attachment or garnishment on their salary.

Mandatory Christmas bonus / aguinaldo (Articulo 16): anyone paying support must also pay, within the first 15 days of December, an additional monthly payment as an aguinaldo (Christmas bonus), without requiring a separate court order.

Note: this guide summarizes the most frequently consulted collection mechanisms of an extensive procedural law (69 articles, which also includes amendments to the Codigo de Familia and the Codigo Procesal Penal). To find out specifically who is legally obligated to provide support to whom (parents to children, adult children to parents, between spouses, etc.), see the Codigo de Familia. For an actual case, consult the corresponding Juzgado de Pensiones Alimentarias or, if financial resources are lacking, the Defensa Publica (Public Defender's Office).