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How to request child support in court

Last reviewed: August 14, 2026 — VerifiedPoder Judicial

In short

Child support for minors can be established at the Court of First Instance or at ASUME: both forums have concurrent jurisdiction, but the first one where the request is filed becomes the case’s exclusive forum. In court, the cost depends on who asks for what: a custodial parent requesting support only pays no fees; bundling custody or visitation, or filing without custody, costs $90.00 in stamps; and the defendant pays $90.00 upon answering. The amount is set under the Mandatory Guidelines based on the parties’ income, with the Personal and Financial Information Form (PIPE) as the central document. The obligation does not end at 21: with studies underway it can extend to the degree or age 25, whichever comes first.

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What is it?

Child support is the economic obligation, set by law, to cover a person’s expenses. For minors it covers the essentials: food, housing, clothing, recreation, medical care and education expenses, plus extraordinary expenses according to the family’s circumstances. The alimentante is the one who must provide; the alimentista, the one entitled to receive. Fathers and mothers are jointly responsible, together or not, and in certain cases grandparents respond subsidiarily: when the parents have an incapacity or lack sufficient means. Support can be established within a support, divorce, visitation or custody case, and provisionally through a protective order while it is in force.

Who can do it?

Who can file depends on the alimentista’s age: for a minor, the parents with parental authority; a child over 21 can request it on their own; if the parents are minors, the adults responsible for them can file; and if the minor is in the custody of a relative or the Department of the Family, that person or entity can also request it. If the paying parent lives in the United States, interstate support can be requested through the court or ASUME.

Requirements

Documents you need

Cost

Fee-exempt if the custodial parent requests support only. $90.00 in internal revenue stamps if the request includes custody or visitation or the requester lacks custody; the defendant pays $90.00 upon answering.

Verified against the official source · August 14, 2026

Step by step

  1. Step 1: Choose your forum knowing you stay in it

    The court and ASUME have concurrent jurisdiction: you can start in either. But once you file in one, that forum acquires exclusive jurisdiction over the request. If you prefer the administrative route, this library’s ASUME guide explains that path; this guide covers the judicial one.

  2. Step 2: Fill out the PIPE carefully

    The Personal and Financial Information Form (OAT 435) is the case’s central document: with it, support is calculated under the Mandatory Guidelines based on the parties’ income and finances. If the paying party is unemployed, the court can impute income considering their training and experience.

  3. Step 3: File at the Clerk’s Office

    Bring the sworn petition, each minor’s birth certificate, the PIPE, your ID, and the original plus two copies of everything. If you have custody and request support only, you pay no fees. If the parties agree on the amount, they can file a Stipulation (OAT 1487); the $90.00 fee in that case falls on the person from whom support is claimed.

  4. Step 4: Income withholding makes collection automatic

    Support can be deducted directly from the paying parent’s wages through an income-withholding order directed at their employer. It is the route that avoids depending on the other party paying voluntarily each month.

  5. Step 5: If they do not pay: contempt

    Non-payment is raised with the Motion on Contempt (OAT 1460) or the Informative Motion and Request for Order (OAT 1421). The court sets a hearing and can take measures to enforce payment; if you covered what the other party owed, you can claim reimbursement of what you paid beyond your own obligation.

Where to do it

At the Clerk’s Office of the Court of First Instance, or at ASUME if you choose the administrative route — remembering the first forum keeps the case. The Pro Se Centers guide those who represent themselves.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If your child is turning 21 and studying, the obligation can extend: if they requested support, began professional studies before adulthood, continue studying and have the need, the court can extend it until they earn the degree or turn 25, whichever comes first, with the Request for Support for an Adult Child (OAT 1425); the child must show academic progress. If circumstances changed — income, the minor’s needs — there is the Motion for Support Review (OAT 1420), and a specific form if the parties had another child together (OAT 1427). If the support was set at ASUME, non-payment is handled there: that is the ASUME guide. This guide states no support amounts because they are calculated case by case under the Mandatory Guidelines. PRFácil does not calculate support and represents nobody before the court or ASUME.

Common mistakes

  • Not knowing that the first forum you file in — court or ASUME — keeps the case exclusively.
  • Paying fees that do not apply: with custody and requesting support only, filing is exempt.
  • Filing without the PIPE or with it incomplete, when it is the document everything is calculated from.
  • Treating support as over at 21 when a studying child can extend it to 25 or the degree.
  • Letting non-payment slide for not knowing the contempt motion exists.

Frequently asked questions

Court or ASUME: which should I choose?

Both can establish support and both apply the same Mandatory Guidelines. The practical difference is the forum: once you file in one, it acquires exclusive jurisdiction. This library has a guide for each route; compare them before filing.

How much support will I get?

There is no published fixed amount: it is calculated case by case under the Mandatory Guidelines, from the parties’ financial information in the PIPE. That is why this guide gives no figures.

Can a non-payer go to jail?

Non-payment is handled through contempt, where the court sets a hearing, weighs any justified cause and can impose measures to enforce payment. The specifics of each case are for the court; if you are in that situation, on either side, consider legal guidance.

Can grandparents have to pay?

Sometimes, subsidiarily: when the parents have a physical or mental incapacity, or lack sufficient economic means to meet the alimentista’s needs.

Official sources

These are the government pages this guide is based on.

Last verified

August 14, 2026

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