Child Support in Chile When One Parent Lives Abroad
Living abroad does not release a parent from the duty to pay child support for children who live in Chile. The claim is filed before the Family Court (Law 14.908, art. 1). When the person receiving support is a minor child, the minimum is 40% of the minimum monthly wage (30% per child if there are two or more) and the maximum is 50% of the payer's income, unless there are well-founded reasons. Collecting from someone outside Chile requires international cooperation: Chile is a party to the 1956 New York Convention, which works with the other States that are parties.
This guide covers two situations: the mother, father or caregiver living in Chile with the children who needs to collect from a debtor in another country, and the parent living abroad who wants to understand what they owe and the risks of non-payment. Each statement cites its official source as of October 7, 2026.
listIn this guide
What the law says about the amount
infoKey rules of Law 14.908 (translated)
- Court (art. 1): the claim is filed before the Family Court.
- Minimum (art. 3): when the person receiving support is a minor child, support cannot be less than 40% of the minimum monthly wage if there is one child, or 30% per child if there are two or more.
- Maximum (art. 7): cannot exceed 50% of the payer's income unless there are well-founded reasons that take the child's best interests into account.
- Unit (art. 6): the order setting support must express the amount in monthly tax units (UTM).
- Grandparents (art. 3): if support is not paid or is insufficient, the grandparents may be sued (Civil Code art. 232), unless their only income is an old-age, disability or survivor pension.
Courtesy translation; the binding text is the Spanish original.
For worked examples see how child support is calculated (in Spanish) and Law 21.484 on Parental Responsibility.
Step by step
Child support cases must go through mediation before suit, except in the cases listed in art. 106 (Law 19.968). Mediation can be in person or by videoconference if both parties agree (art. 109 bis).
With the failed-mediation certificate. The mother, whatever her age, may claim support for a born or unborn child (art. 1).
When admitting the claim, the judge must rule on provisional support (art. 4).
If the payer stops paying, forced compliance can be requested through enforcement orders and collection measures.
If the payer lives outside Chile
Collecting outside Chile depends on treaties or reciprocity between countries. If the debtor has assets or income in Chile, or returns to the country, the Chilean court can apply the measures of Law 14.908:
- Security and travel ban (art. 10): the judge must order the debtor to secure payment with a mortgage, pledge or other guarantee, especially if there is a well-founded reason to think they will leave the country; until it is provided, the court orders a travel ban (arraigo).
- Enforcement orders (art. 14): night arrest between 10 p.m. and 6 a.m., up to 15 days and repeatable; if non-payment continues, arrest of up to 15 days and, with further orders, up to 30 days. The judge also issues a travel ban until payment.
- Other measures (art. 16): withholding the annual income-tax refund, suspending the driver's license for up to six months and withholding funds in bank accounts, among others.
- Debtor registry (arts. 32 and 33): while listed, passport and driver's license applications are rejected.
- Pension-fund balances (art. 19 quinquies): exceptionally, with three overdue payments and insufficient funds in accounts or financial instruments, the court may query and order payment from the debtor's individual pension account, subject to caps of 50%, 80% or 90% depending on age.
Collecting abroad: the 1956 New York Convention
According to the UN Treaty Collection, Chile acceded to the Convention on the Recovery Abroad of Maintenance on January 9, 1961. It serves a person who needs to collect from someone living in another State Party. The Corporación de Asistencia Judicial (CAJ) provides guidance and legal representation in these cases (ChileAtiende, entry 343, in Spanish; CAJ International Office); according to that entry, the service is free regardless of nationality or socioeconomic status. Check the official entry for current contact channels.
infoWhich countries appear (as of October 7, 2026)
Documents ChileAtiende lists for obtaining maintenance abroad: the relevant case documents, a power of attorney so the intermediary institution can act on your behalf, a photograph of yourself and, if possible, one of the debtor.
If you are the parent living abroad
- The obligation continues. Moving does not end the duty to pay; what changes is where and how it is collected. If your circumstances change, ask the court for a reduction or termination; it is better than stopping payment.
- Reduction or termination: the claim is declared inadmissible if you are listed in the National Registry of Child Support Debtors, unless there are qualified grounds (art. 1 of Law 14.908, added by Law 21.484).
- Report changes: the defendant must inform the court of changes of address, employer and workplace; otherwise a fine may be imposed (art. 2).
- Risk when returning to Chile: with overdue support, the enforcement orders and travel ban of art. 14 apply in the country; it is wise to regularize or agree a payment plan before traveling.
Child support and visitation are separate
Child support and the direct and regular relationship (visitation) are separate matters, claimed separately. More in Visitation Rights in Chile When One Parent Lives Abroad. One relevant exception: if a judge authorized the children to leave the country for a set period and they unjustifiably do not return, article 49 of the Minors Law lets the judge suspend the support ordered.
What to prepare: the children's birth certificates, details on the debtor (country, address, employer), receipts for the child's expenses and, if you live outside Chile, your passport and a power of attorney (see how to grant a power of attorney from abroad).
Frequently asked questions
Can I claim child support in Chile if the other parent lives abroad?
Yes. The claim is filed before the Family Court (Law 14.908, art. 1). Collecting when the debtor and their assets are outside Chile is a different matter and depends on treaties or reciprocity between countries.
How do I collect child support from someone living in another country?
If the debtor's country of residence is a party to the 1956 New York Convention on the Recovery Abroad of Maintenance, the Corporación de Asistencia Judicial (CAJ) provides guidance and legal representation to the person claiming from Chile; according to the ChileAtiende entry, the service is free regardless of nationality or socioeconomic status. If no treaty applies, other routes in the debtor's country must be assessed.
Are the United States or Canada parties to the 1956 New York Convention?
According to the UN participant list as of October 7, 2026, Germany, Spain, Argentina, Australia and the United Kingdom, among others, appear; the United States and Canada do not. Chile also does not appear in the HCCH status table for the 2007 Hague Child Support Convention (consulted October 7, 2026).
What are the minimum and maximum amounts?
When the person receiving support is a minor child, support cannot be less than 40% of the minimum monthly wage if there is one child, or 30% per child if there are two or more (Law 14.908, art. 3). The maximum is 50% of the payer's income unless there are well-founded reasons (art. 7). Support is set in UTM (art. 6).
I live abroad and owe child support: what are the risks if I return to Chile?
If payments are overdue, the court may order night arrest for up to 15 days, repeatable, and a travel ban (arraigo) that stays in force until the debt is paid (art. 14, Law 14.908). It may also withhold tax refunds, suspend a driver's license for up to six months and withhold funds in bank accounts (art. 16). The prudent course is to regularize the debt or ask the court for a modification.
Can I ask to reduce child support because I moved abroad?
Moving does not end the obligation; a reduction or termination must be requested from the court. The claim is declared inadmissible if the claimant is listed in the National Registry of Child Support Debtors, unless there are qualified grounds (art. 1 of Law 14.908, added by Law 21.484).
Official sources consulted
Laws and treaties cited
Verified on October 7, 2026. General information; it does not replace advice on a specific case. Chilean laws are cited in Spanish; translations are courtesy translations.
- Law 14.908 on Family Abandonment and Payment of Child Support, arts. 1, 2, 3, 4, 6, 7, 10, 14, 16, 19 quinquies, 32 and 33; Law 16.618, art. 49; Civil Code, art. 232. Consolidated text in DFL 1/2000, Library of the National Congress.
- Law 21.484: amendments to Law 14.908; Law 19.968, arts. 106 and 109 bis.
- Convention on the Recovery Abroad of Maintenance (New York, 1956), participant status. United Nations.
- Status of the 2007 Hague Child Support Convention, HCCH status table.
- ChileAtiende, entry 343 (in Spanish); CAJ International Office.
Spanish terms you will see in Chilean court papers
Pensión de alimentos
Child support (alimentos also covers support for other relatives).
Alimentante / alimentario
The person who pays support / the person who receives it.
Alimentos provisorios
Provisional support set when the claim is admitted.
Arraigo
Court order forbidding someone to leave the country.
UTM (unidad tributaria mensual)
Monthly tax unit used to express the support amount.
Registro Nacional de Deudores de Pensiones de Alimentos
National Registry of Child Support Debtors.
Do you live outside Chile with a case in Chile?
We work by video call with people living abroad. Tell us about your case and we will assess the options available.
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Lilia Rusconi
Family Lawyer
Guide written in October 2026 using the laws and official sources cited. It is general information and does not replace advice on a specific case.
Last updated: October 7, 2026