ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
• how the children will communicate with each par ‑ ent. When courts approach an application for child sup ‑ port or related matters in the context of family law, they generally follow a process that ensures the child’s best interests are prioritised. For a general overview of how courts typically handle such applications, please see 3.1 Choice of Jurisdiction in Children Proceed- ings . Following the breakdown of a relationship or marriage, the legal approach to custody and parental responsi ‑ bility focuses on ensuring the children’s best interests are upheld. The courts typically follow a structured process determined by the CCC when determining custody and the allocation of parental responsibility. In Argentina, there are certain restrictions on the court’s ability to make orders regarding a child’s liv ‑ ing and contact arrangements, particularly to ensure the child’s best interests are always the primary con ‑ sideration. These restrictions are in place to protect the child’s welfare and ensure that decisions regarding custody and visitation are not harmful to the child’s emotional, physical or psychological development. Child Maintenance In Argentina, child maintenance ( alimentos ) is defined as the financial support that one parent provides to the other for the care, upbringing, and welfare of their children after the breakdown of a relationship or mar ‑ riage. The obligation to provide maintenance arises from the legal duty of parents to support their children, ensuring they have access to the basic needs neces ‑ sary for their development, such as food, clothing, education, health, and shelter. The child maintenance applies to both biological par ‑ ents, regardless of marital status or relationship. Ali- mentos shall include: • education (school fees, books, extracurricular activities, etc); • healthcare (medical expenses, dental care, insur ‑ ance); • clothing; and
• housing (when the child lives with the custodial parent, maintenance also contributes to the hous ‑ ing expenses related to the child’s needs). Parents are expected to share the responsibility for maintaining their children, and the law recognises that these duties do not end when the child reaches adult ‑ hood in certain situations – for example, if the child is still studying or is unable to support themselves. The parents’ incomes and the financial agreements between the spouses in a divorce directly affect the calculation of child maintenance. While there is no fixed formula for calculating child maintenance in Argentina, the law typically sets out a percentage of the non-custodial parent’s income, which the court may adjust based on the child’s needs and the financial ability of both parents. By way of example, child maintenance may range between 15% and 25% of the non-custodial parent’s income, depending on the number of children and other rel ‑ evant factors. The percentage may increase or be adjusted if there is more than one child. In cases where the parents are not in agreement about the amount of maintenance, a judge will evaluate the parents’ incomes, the needs of the child, and other factors to determine an appropriate maintenance amount. In joint or shared custody cases, where the child spends an equal amount of time with both parents, the amount of maintenance may be adjusted, with both parents contributing proportionally to the child’s needs. The court will consider both parents’ incomes and the practicalities of care and financial support. As described previously, parents may address child maintenance arrangements privately and then seek the judge’s acknowledgement. Permanent and temporary maintenance orders In Argentina, the court can issue both temporary and permanent maintenance orders, which are granted while a case is still pending, ensuring that the child’s needs are met before a final decision is made. The weaker party typically requests this type of order. Conversely, permanent maintenance orders are estab ‑ lished once a final decision is reached and remain in
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