Supreme Court Ruling: Child Support May Exceed 50% of Income in Exceptional Cases

In a recent ruling, the Supreme Court of Chile (Case No. 185.941-23) reaffirmed that, in exceptional circumstances, child support payments can exceed 50% of the payer’s income. This decision underscores the best interests of children and adolescents, emphasizing the need to assess each case individually.

Key Takeaways from the Ruling

⚖ Judicial Flexibility: While Chilean law generally limits child support to 50% of the payer’s income, courts have the authority to adjust this percentage based on the needs of the child and the financial capacity of the parent.

📌 Case-Specific Justification: In this case, the court determined that:
✅ The payer’s income was sufficient to cover the requested amount.
✅ The children had urgent financial needs requiring additional support.

Impact & Legal Precedent

This ruling sets an important precedent in Chilean family law, reinforcing that child support determinations must be flexible and responsive to individual circumstances—always prioritizing the well-being of minors.

Need Legal Advice on Child Support?

At MTH Abogados, we understand the importance of securing your children’s future. Let us provide you with personalized legal guidance to address your concerns about child support obligations.

📩 Contact us today—we’re here to guide you every step of the way.