ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
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 marriage. The obligation to provide maintenance arises from the legal duty of parents to support their children, ensuring they have access to the basic needs necessary for their development, such as food, clothing, education, health, and shelter. The child maintenance applies to both biological parents, regardless of marital status or relation - ship. Alimentos shall include: • education (school fees, books, extracurricular activities, etc); • healthcare (medical expenses, dental care, insurance); • clothing; and • housing (when the child lives with the custo - dial parent, maintenance also contributes to the housing expenses related to the child’s needs). Parents are expected to share the responsibil - ity for maintaining their children, and the law recognises that these duties do not end when the child reaches adulthood in certain situations – for example, if the child is still studying or is unable to support themselves. The parents’ incomes and the financial agree - ments 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 par - ent’s income, which the court may adjust based on the child’s needs and the financial ability of
The contract agreement shall address the fol - lowing: • the place and time the children spend with each parent; • the responsibilities each parent assumes toward the children (taking them to school, paying for health insurance, taking them to medical check-ups, etc); • how the children will spend holidays, public holidays, and other important dates; and • how will the children communicate with each parent. When courts approach an application for child support 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 . Following the breakdown of a relationship or marriage, the legal approach to custody and parental responsibility 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 living and contact arrangements, particularly to ensure the child’s best interests are always the primary consideration. 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.
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