ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
both parents. By way of example, child main - tenance may range between 15% and 25% of the non-custodial parent’s income, depending on the number of children and other relevant 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 evalu - ate 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 par - ents, the amount of maintenance may be adjust - ed, 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 tempo - rary and permanent maintenance orders, which are granted while a case is still pending, ensur - ing that the child’s needs are met before a final decision is made. The weaker party typically requests this type of order. Conversely, perma - nent maintenance orders are established once a final decision is reached and remain in effect until the child turns 18 or until there is a change in circumstances. In Argentina, child maintenance orders generally last until the child reaches the age of 21 (unless the adult child has sufficient resources to provide for themselves). However, there are exceptions and, in some cases, the maintenance obligation
can extend beyond this age limit until the child reaches the age of 25 (for children attending uni - versity or vocational school and if they cannot support themselves). Moreover, beyond the age of 21, if the child is incapacitated or unable to work due to a physical or mental condition, the parent may still be required to provide mainte - nance, regardless of the child’s age (on a case- by-case basis). The minimum age for a child to be able to apply for maintenance directly in Argentina is 18 years old, as this is the age of legal majority and the capacity to make independent legal decisions. Medical treatments It is important to highlight that under the CCC, there is a presumption that children between the ages of 13 and 16 can make decisions regard - ing non-invasive medical treatments that do not compromise their health or pose a serious risk to their lives or physical integrity. For invasive treatments that do compromise their health, or when their integrity or life is at risk, the adolescent must give their consent with the assistance of their parents. In the event of a conflict between the parents, the matter is resolved by prioritising the adolescent’s best interests based on medical opinions regarding the consequences of carrying out or not carrying out the medical procedure. 3.3 Other Matters Courts in Argentina have the authority to issue orders regarding the upbringing of a child when parents have not reached an agreement regard - ing schooling, medical care, religion, and holi - days. In Argentina, courts consider allegations of parental alienation to be a restrictive matter that
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