Child Support: Complete guide to calculations, tables, inquiries, and payments

CHILD SUPPORT IS A RIGHT OF CHILDREN AND A DUTY OF PARENTS

Child support covers expenses related to a child's sustenance, such as:

1. Nutritious, balanced, and sufficient food;
2. Comprehensive health: prevention, medical care, and provision of medicines;
3. Education;
4. Care;
5. Adequate clothing;
6. Safe, hygienic housing with basic services;
7. Transportation;
8. Culture, recreation, and sports;
9. Rehabilitation and technical aids if the beneficiary has a temporary or permanent disability.

LEGAL FRAMEWORK OF THE CHILDHOOD AND ADOLESCENCE CODE

This is established by the Childhood and Adolescence Code in its article 1:

"This Code provides for the comprehensive protection that the State, society, and family must guarantee to all children and adolescents living in Ecuador, in order to achieve their comprehensive development and full enjoyment of their rights, in a framework of freedom, dignity, and equity. To this end, it regulates the enjoyment and exercise of the rights, duties, and responsibilities of children and adolescents and the means to make them effective, guarantee them, and protect them, in accordance with the principle of the best interest of children and adolescents and the doctrine of comprehensive protection."

CHARACTERISTICS OF THE RIGHT TO CHILD SUPPORT

The Right to Child Support is non-transferable, non-transmissible, irrevocable, non-prescriptible, non-attachable, and does not allow for compensation or reimbursement of amounts paid, except for child support payments that were previously set and not paid; and for mothers who have made prenatal expenses that were not previously recognized. In these cases, they may be compensated and transmitted to heirs.

WHO HAS THE RIGHT TO CLAIM CHILD SUPPORT

The following have the right to claim child support:

1. Children and adolescents, except those voluntarily emancipated who have their own income, in which case the exercise of this right shall be suspended.
2. Adults, up to age 21, who demonstrate that they are studying at any educational level that prevents or hinders them from engaging in a productive activity, and lack their own sufficient resources.
3. Persons of any age who suffer from a disability or whose physical or mental circumstances prevent or hinder them from obtaining the means to subsist on their own, according to a certificate issued by the competent authority.

AGE LIMITS AND SPECIAL CASES

The child support obligation has different limits depending on circumstances:

GENERAL RULE: Child support is paid until age 18 when the beneficiary reaches the age of majority.

IMPORTANT EXCEPTIONS:

1. Up to age 21: When the beneficiary is studying at any educational level (primary, secondary, technical, university, or postgraduate) that prevents or hinders them from engaging in a productive paid activity, and lacks sufficient resources for their subsistence.

2. No age limit: For persons with disabilities whose physical or mental circumstances prevent them from obtaining means to subsist on their own. In these cases, the obligation may be lifelong, requiring certification from the competent authority regarding the degree of disability.

OBLIGATED TO PAY CHILD SUPPORT

Parents are the primary holders of the child support obligation, even in cases of limitation, suspension, or deprivation of parental authority. If they are absent or cannot cover it, the competent authority may order grandparents, siblings over 21 with their own income, and uncles to provide it, in proportion to their economic capacity. Relatives who make the payment may later claim the amount paid from the father or mother.

Judges shall apply ex officio the international instruments ratified by Ecuador to guarantee the right to child support of children and adolescents of migrant parents, and shall take necessary measures to ensure effective collection of the pension.

CHILD SUPPORT GUIDE

Before carrying out any procedure, management, or legal action such as a child support lawsuit, inform yourself about key aspects from official portals.

KEY QUESTIONS ABOUT CHILD SUPPORT PAYMENT

What is the obligation of parents to provide child support?
It is everything children need to live, get educated, dress, have a place to live, health, entertainment, and professional training.

Should I file a child support lawsuit?
A child support lawsuit is a judicial claim against a relative to guarantee basic needs. To initiate it, the unique form for child support claim is presented before a judge.

How is the child support amount calculated?
It is updated according to:
1. The Unified Basic Salary (SBU), in effect for 2025 at USD 470;
2. The income of the paying parent;
3. The number of children;
4. The age of the children (0‑2 years or ≥3 years);
5. Whether there is a disability and its percentage.

MINIMUM CHILD SUPPORT AMOUNTS 2025

For 2025, with a Unified Basic Salary of USD 470, the minimum amounts are:

MINIMUM AMOUNT: The minimum child support amount equals 28.12% of the SBU when there is one child aged 0 to 2 years, representing approximately USD 132.16 monthly.

LOW INCOME SPECIAL CASES:
- If the paying parent does not receive the full basic salary or has lower income, the judge may set a pension below the minimum established in the table, but never below 28.12% of the defendant's actual income.
- In cases of proven unemployment, the judge may set symbolic pensions that will be adjusted when the paying parent's economic situation improves.

CHILDREN WITH DISABILITIES - SPECIAL CASES

When there are children with disabilities, special rules apply:

1. Additional percentage: The pension percentage is increased according to the certified degree of disability.
2. Division among multiple children: If there are several children and one or more have disabilities, first calculate the total amount according to the standard table, then proportionally increase the part corresponding to the child with a disability.
3. Duration: The pension for children with disabilities may be lifelong, not limited to age 18 or 21.
4. Additional expenses: Includes specialized expenses such as therapies, medications, orthopedic equipment, and special treatments.

Does child support also include the thirteenth and fourteenth salaries?
Yes. According to Article 16 of the Code, in addition to the monthly pension, the beneficiary is entitled to two additional pensions each year, in the months established by law.

When does the child support obligation end?

1. At age 18: As a general rule, after notifying the judge with a birth certificate.
2. At age 21: For those who study, after notification and certification that they are no longer studying or have completed their studies.
3. By emancipation: When the minor becomes economically independent.
4. By death: Of the paying parent or the beneficiary.
5. By adoption: Of the beneficiary by third parties.

EXTINCTION PROCEDURE:
To extinguish the child support obligation, a request must be filed before the competent judge, accompanied by:
- Updated birth certificate
- Certificate of non-studies (for those over 18)
- Documents proving the cause of extinction

Who guarantees the payment of child support?
The Unified Child Support System (SUPA) of the Judiciary, which manages collection and payment.

As of September 2015, payments are made to personal bank accounts or those designated by the judicial authority.

CHILD SUPPORT TABLE ECUADOR 2025

The Ministry of Economic and Social Inclusion annually issues the minimum pension table based on the SBU and income levels. For 2025, with an SBU of USD 470, pension percentages vary according to the number of children and the income level of the paying parent.

PENALTIES FOR NON-COMPLIANCE

Failure to pay child support may result in:
- Prohibition from leaving the country
- Seizure of assets and bank accounts
- Imprisonment for child support (up to 30 days)
- Fines and interest on overdue amounts
- Registration in credit risk bureaus

RIGHTS OF THE BENEFICIARY

The child support beneficiary has the right to:
- Receive the pension punctually each month
- Two additional annual pensions (thirteenth and proportional fourth)
- Automatic adjustment when the SBU increases
- Request an increase when the circumstances of the paying parent change
- Receive duly justified extraordinary expenses

CHILD SUPPORT CALCULATOR ECUADOR

Consult online to calculate your child support according to your data and current criteria.

Do not let your child be deprived of this fundamental right. If you have separated or divorced, inform yourself about the child support obligation, who sets it, and how to comply with it.

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