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Child support lawyer in Brazil, grounded in real income
Fair support fits the life of the person who pays and covers the life of the person who receives. We work with documents, not assumptions.
Support (alimentos) is the amount that covers the needs of children, a former spouse or other relatives, set by balancing the recipient's needs against the payer's means (Brazilian Civil Code, Article 1,694). Talk to a lawyer to request, review, enforce or end support, always with income and expense documents at hand.
Anyone looking for a child support lawyer in Brazil usually wants a straight answer: how much is fair to pay or receive. Brazilian law sets no fixed percentage. The amount comes from assessing the recipient's needs, the payer's means and the proportionality between them, under Article 1,694 of the Civil Code.
The subject has its own fast-track rules. Law 5,478/1968 (the Support Act) allows the judge to set provisional support at the very start of the case. The Code of Civil Procedure (CPC) provides for enforcement with protest and, for the last three installments before enforcement plus those falling due during it, civil imprisonment of the debtor for one to three months (Article 528). The amount can also be reviewed whenever either party's financial situation changes (Civil Code, Article 1,699).
Our approach is technical and document-based. In families with a business, declared income does not always reveal the real ability to pay, and the opposite also happens. That is why we work with bank statements, management pay, profit distributions, lifestyle and proven expenses, to reach an amount that holds up over time.
When to call a lawyer
Support has not been formalized yet
Payments follow an informal arrangement, vary from month to month and there is no document to enforce or prove what was paid.
A significant change in income or expenses
Job loss, the sale of a business, the birth of another child, illness or a change of school alter the balance that justified the original amount.
Overdue installments piling up
The payer pays partially, is often late or has simply stopped paying, and the child's needs cannot wait.
The child has come of age or finished studying
The obligation does not end automatically at 18. It is necessary to assess whether there is still a need, such as ongoing studies, and to request termination in court when appropriate.
What happens when you put it off
- Arrears accumulate and only the most recent installments can be enforced under the civil imprisonment procedure, which makes collecting the rest slower.
- A payer who pays more than they can afford tends to fall into debt, and a recipient who receives less than needed puts the children's routine and education at risk.
- Payments without receipts or outside what was set may not be recognized in a future enforcement.
- Stopping payments on your own, even when the child is an adult, exposes the payer to enforcement, protest and civil imprisonment, because termination requires a court decision (Precedent 358 of the Superior Court of Justice, STJ).
How we work
Financial assessment
We map the payer's income, assets and lifestyle and the recipient's real expenses, with documents and, if needed, requests to the judge for bank and tax information.
Defining the claim
With the data organized, we determine whether the case calls for setting, reviewing, terminating or enforcing support, and which format makes sense: a percentage of income, a fixed amount or direct payment of expenses.
Attempt to settle
We propose a well-grounded agreement that can be approved in court and becomes an enforceable instrument.
Court action and urgent measures
Without agreement, we file the case seeking provisional support or, in enforcement, protest, payroll deduction, seizure of assets or civil imprisonment, as appropriate.
Ongoing monitoring
We track payments, adjustments and changes in circumstances, to review the amount at the right time and prevent new arrears.
What you receive
- Spreadsheet of needs and ability to pay, with supporting documents
- Opinion on the appropriate measure: setting, review, termination or enforcement
- Draft support agreement ready for court approval
- Initial petition or enforcement request with an updated calculation of the debt
- Written guidance on payment method, receipts and adjustments
Why the firm
Business income, clearly read
We know how to read balance sheets, management pay and profit distributions, which avoids support calculated on income that does not reflect reality.
Both sides of the table
We act both for those who need to receive and for those who need to pay or seek a review, which gives us a realistic view of what holds up in court.
Collection across borders
When the payer or the recipient lives outside Brazil, we use the 2007 Hague Convention on the International Recovery of Child Support (Decree 9,176/2017, which brought it into Brazilian law) and international legal cooperation.
Illustrative scenario
Hypothetical scenario, for illustration only. A father had his son's support set while he was a salaried employee. Years later, he opened a company and began drawing low management pay, with most of his income coming from profits. The mother notices that the amount no longer keeps up with school and health expenses. The work starts by gathering company documents and the child's expenses. With that picture, the parties discuss a review based on actual income, with an adjustment clause and a split of extraordinary expenses. No outcome is guaranteed: every review depends on the evidence and the judge's assessment.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
Is there a standard child support amount in Brazil?
No. The idea that support is always a fixed percentage of salary has no basis in Brazilian law; what exists is the test of need, means and proportionality (Civil Code, Article 1,694, §1). Percentages appear in decisions as a calculation method, not as a mandatory rule.
When should I contact a child support lawyer in Brazil?
When support needs to be formalized, when income or needs change, when payments are late or when the child comes of age. At these moments, acting early prevents accumulated debt and decisions made without evidence.
How do I request a child support review?
A review is requested in court when the financial situation of the payer or the recipient changes (Civil Code, Article 1,699). The change must be proven with documents, such as loss of income, a new family or higher expenses. Until there is a decision, the previous amount remains due.
What happens if support is not paid?
The recipient can enforce the overdue installments in court. For the last three installments before enforcement and those falling due during the case, the law allows civil imprisonment of the debtor for one to three months, in a closed regime (CPC, Article 528). Older installments are collected by seizing assets, and the decision can be protested.
Does child support end when the child turns 18?
Not automatically. Termination requires a court decision in which the child can respond (STJ Precedent 358), and support may continue if the child still needs it, for example while studying. Stopping payment without a decision exposes the payer to enforcement.
Is a former spouse entitled to support?
Possibly, but it is the exception. Support between former spouses depends on proven need and, according to STJ case law, is usually temporary, for the time needed to regain financial independence. Where economic dependence is lasting, due to advanced age or illness, it may be set with no end date.
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Need to set, review or enforce support?
Bring whatever documents you have to a confidential conversation. We show you what they indicate and what the next step is.