Quick answer: what to do if child support is not paid
If child support has already been set in a conciliation record, judgment, or other enforceable document, the usual path is to claim payment with evidence of non-compliance. If not yet set,
- First: confirm whether a formal and enforceable obligation exists.
- Second: gather evidence of kinship, expenses, income, and pending payments.
- Third: choose the right path: conciliation, enforcement collection, support review, or report, depending on the case.
7 steps if they don't pay child support in Colombia
It may be in a conciliation record, judgment, resolution, or other enforceable document.
Separate the monthly amount, partial payments, extraordinary expenses and overdue periods.
Have ready the civil registry record, receipts, statements, invoices, chats and prior agreements.
If there is no clear obligation, a conciliation can help set the amount, date, and form of payment.
If an enforceable document already exists and there is default, the issue may be one of collection.
When the non-compliance is serious, repeated or unjustified, the criminal route may be considered.
A simple timeline usually helps more than scattered screenshots or long explanations.
The essentials on child support before filing a claim
- Support had been handled informally, making it difficult to prove exact terms and payment dates.
- Non-payment affected ordinary expenses such as food, health, transportation, and education.
- The strategy sought to organize the case before acting: evidence, timeline, expenses, and the most efficient legal route.
- The goal was not only to claim back payments but to leave a clear obligation to avoid new conflicts.
Documents and facts worth organizing first
Read this guide as an organized conversation about the problem: first, what to do when the support goes unpaid, and then how to gather evidence, choose a legal route and arrive better prepared to a consultation.
First
Identify whether the support amount must be set, reviewed, collected or reported.
Gather evidence
Organize expenses, payments, chats, prior agreements and family documents.
Route
Choose a route that is proportionate, clear and useful for future compliance.
Why this story may help you
The most important lesson of this story is not "you have to sue" or "you have to file a criminal complaint". What is valuable is learning to organize the problem. Many families reach the conflict with scattered screenshots, payments mixed in with other expenses and verbal agreements that are hard to reconstruct. When the case is organized by facts, dates, the child's needs and financial capacity, the conversation changes: it stops being a personal argument and becomes a legal problem that can be proven.
In practice, a child-support claim is not prepared just by citing a law. It is prepared by answering three simple questions: what does the child need, who must contribute, and
If the child-support conflict appears within a separation or divorce, it may also be useful to review our guide on divorce in Colombia and its effects on children. When both parties agree and there are minor children, the option of express divorce with minor childrenis often considered, a route that lets you set the child support amount within the same notarial procedure. If the matter has already escalated to the criminal track, it is worth complementing this reading with the guide before reporting: how to file a complaint correctly.
The Story: When an Informal Agreement Stops Working
A mother came to a consultation because the father of her child had complied with voluntary contributions for several months, but without a formal agreement. At first, the money arrived by transfer.
The problem was not only financial. There was also uncertainty: there was no conciliation agreement, judgment or administrative ruling setting out a clear obligation. That made it harder to demand the overdue payment and left room for phrases such as "I have helped", "they will not let me see the boy" or "I cannot this month". In family matters, that lack of clarity usually turns a manageable conflict into an evidentiary one.
Five Questions to Know Where to Start
If there is a record, judgment, resolution, or deed, the analysis starts from that document. If none exists, normally it must be formalized first.
It is advisable to separate monthly support, extraordinary expenses, partial payments, and unpaid periods.
It is not the same to breach a clear support order as to discuss whether an expense was included.
If it has significantly changed, it may be more useful to review the support order than to insist on an outdated agreement.
When non-payment is serious, repeated, or without reasonable explanation, the criminal route for non-payment of child support may be evaluated.
Which Legal Route Suits Each Situation
| Route | When it usually applies | What it seeks | Key evidence |
|---|---|---|---|
| Conciliation or setting of child support | There is no formal payment or the agreement is ambiguous. | Define amount, dates, included expenses, and method of payment. | Civil registry record, the minor's expenses, income and communications. |
| Payment review | The child's needs changed or the parents' financial capacity changed. | Adjust the payment amount. | Supporting documents for new expenses, income, unemployment, or relevant changes. |
| Child support enforcement process | There is already a record, judgment or enforceable obligation, and there are unpaid quotas. | Collect the accumulated debt. | Title that sets the support, liquidation of what is owed, and evidence of non-payment. |
| Complaint for non-payment of child support | The non-compliance is unjustified, repeated or especially serious. | Pursue criminal proceedings when appropriate. | Non-compliance history, support obligation, communications, and expenses. |
The key question: conciliate, sue, or report?
In this type of case, it is advisable to separate three paths many people confuse: setting or reviewing support, collecting amounts owed, and the possible criminal complaint.
- Conciliation or setting of support: seeks to define the amount, frequency, form of payment, and other commitments related to child support.
- Child support enforcement process: seeks to collect an obligation already set in a title, such as a conciliation record, a resolution, or a judgment.
- Complaint for non-payment of child support: relates to possible criminal conduct when a person evades, without just cause, support legally owed.
It provides that support covers everything indispensable for the sustenance, housing, clothing, medical care, recreation, education or instruction and, in general, everything necessary for integral development of the child or adolescent (including the mother's pregnancy and childbirth expenses).
The Código Civil does not reserve the right to support only to children and adolescents: article 411 provides that support is also owed, among others, to the spouse, to descendants and to ascendants, and even to a spouse who is divorced or judicially separated without fault, payable by the spouse at fault. In addition, article 413 distinguishes two classes of support: congruos, which allow the recipient to subsist modestly in a manner consistent with their social position, and the necesarios, which cover only what is indispensable to sustain life. This distinction matters in proceedings between adults, because the class of support recognized has a direct bearing on the amount that can be claimed through enforcement proceedings. Arts. 411 and 413 C.C. — who is entitled to support and its classes.
That is why the conversation must not be reduced to "groceries" or "a monthly payment": a well-structured support amount looks at real needs, financial capacity and stability for the child.
What to Do Before Starting Proceedings
Before choosing a path, we organize the information. This stage is usually decisive because in child support it is not enough to claim there is non-payment: you must show the obligation,
transfers, receipts, school payment vouchers, medical payments, and extraordinary expenses.
education, food, transportation, health, recreation, and verifiable periodic expenses.
personal differences do not eliminate the duty to contribute.
monthly amount, payment date, transfer channel, extraordinary expenses, and adjustment mechanism.
whether there was repeated non-payment, hiding of income, or total unwillingness to conciliate.
This preparation also helps you arrive better to the hearing. If you want to go deeper into that stage, you can read our guide on how to prepare for a conciliation hearing.
Conciliation: turning a verbal agreement into a clear obligation
In this story, the first recommendation was to try to formalize the support. Conciliation allows practical questions to land: how much is paid, when, to which account, what expenses,
ICBF indicates that, if there is no agreement or the summoned person does not attend in certain scenarios, the competent authority may set a provisional amount when applicable. It also explains conciliation for child support review.
The advantage of formalizing is that the agreement no longer depends on scattered WhatsApp messages. A clear record can serve as a reference to comply, review, and, if there is non-compliance,
When there's already a fixed amount: the problem changes
If there is already a conciliation agreement, judgment or administrative ruling, the discussion stops being "how much should be paid" and becomes "how is what should have been paid collected". In those scenarios a proceso ejecutivo de alimentos (enforcement proceeding for support) may be considered, especially where there are overdue installments and documents supporting the obligation.
The Código General del Proceso provides that collecting an unpaid support installment does not require starting a new lawsuit: it is pursued within the same case file of the support proceeding, and if the creditor brings an enforcement proceeding, the law does not allow the debtor's other creditors to step in to dispute those funds (art. 397, num. 2). Where the judgment orders capital to be set aside and the defendant does not comply within the following ten days, the provision refers to enforcement of judgments under article 306, which also covers obligations recognized in a conciliation or settlement approved within the same proceeding. In addition, in these enforcement proceedings the only defense that may be raised is performance of the obligation (art. 397, num. 5), which speeds up the process compared with an ordinary enforcement proceeding. CGP art. 397 — enforcement proceeding for support.
In this story, since there was no clear title at the beginning, formalizing was prioritized. But the payment and expense matrix was also prepared, because if the other party defaulted afterward,
Child support in Colombia and non-payment: when can it be considered a crime?
Non-payment of child support should not be used as an automatic threat in any disagreement. It is a criminal matter and requires analyzing whether there is a legally owed support obligation.
It provides for non-payment of child support in respect of support legally owed to ascendants, descendants, an adopter, an adoptee, a spouse or a permanent partner (compañero o compañera permanente, the partner in a unión marital de hecho). General penalty: 16 to 54 months' imprisonment and a fine of 13.33 to 30 SMLMV (monthly minimum wages). Aggravated penalty (when committed against a minor): 32 to 72 months' imprisonment and a fine of 20 to 37.5 SMLMV.
It held this criminal penalty to be consistent with the Constitution: this is not imprisonment for debt, because the legal interest protected is the family and the subsistence of the person entitled to support, not a monetary claim. Official record.
It removed the word "únicamente" ("only") from the text and extended criminal protection to same-sex permanent partners, on equal terms. Official record.
Under its article 2, the mechanism applies to anyone in arrears on three (3) support installments, whether consecutive or not, set in a final enforceable judgment, a conciliation agreement or any other enforceable instrument. Article 6 provides: the debtor may not be appointed to or sworn into public office or elected office; when applying for or renewing credit, the certificate from the register is required; and the notaría (notary's office) also requires it in order to transfer movable or immovable property subject to registration.
Registration in the Registro de Deudores Alimentarios Morosos (REDAM, the register of delinquent support debtors) is neither permanent nor subject to a procedure the debtor must start on their own: when, in the proceeding, full payment of the overdue support installments is proven, it is the judge who must notify the entity that operates the Register, within no more than five (5) business days, so that the registration is cancelled and the immediate removal of the debtor's negative information is ordered. In practice, this means that the debtor must first prove to the judge full payment of what is owed (not merely a partial payment) for this procedure to be triggered. Ley 2097/2021 — how to be removed from the REDAM.
In our analysis, the criminal route was left as a possible scenario if the non-compliance became repeated and there was no serious justification. Before that, the goal was to build a clear, documented and enforceable obligation. For a general explanation of the criminal risk, you can also read: what can happen if child support is not paid.
A useful timeline example
A simple timeline helps the lawyer, the conciliator, or the authority quickly understand the conflict. A useful format may be this:
| Date or period | What happened | Supporting document | Importance |
|---|---|---|---|
| January to March | A fixed amount was paid as verbally agreed. | Bank transfers. | It shows the prior practice between the parties. |
| April | Partial payments and delays began. | Statements and messages. | Allows pinpointing the start of the default. |
| May | School and medical expenses were assumed without full contribution. | Invoices and receipts. | Proves specific needs of the child. |
| June | Formalization of the payment was requested. | Message or email sent. | It demonstrates a prior attempt at resolution. |
Which evidence is useful and for what
| Fact worth proving | Useful evidence | Common mistake |
|---|---|---|
| Kinship and maintenance obligation | Civil registration, acknowledgment of paternity, identification documents. | Starting with the debt without having the basic kinship support ready. |
| The minor's real needs | Receipts for education, health, food, transportation, housing, recreation, and care. | Presenting mixed expenses without explaining which correspond to the minor. |
| The obligor's financial capacity | Labor information, economic activity, known assets, verifiable lifestyle. | Relying only on rumors or claims that are impossible to prove. |
| Non-compliance or incomplete payments | Statements, receipts, payment vouchers, chats, transfer history, monthly settlements. | Failing to distinguish between partial payments, gifts, occasional aid, and formal payments. |
| Prior attempts at resolution | Summons, messages, written requests, settlement proposals. | Delete conversations or present incomplete screenshots that lose context. |
What to bring to a child-support consultation in Colombia
- Civil registry record proving the family relationship.
- Conciliation record, judgment, or written agreement, if any.
- Receipts for payments received and pending payments.
- Invoices or proof of food, health, education, transportation, and housing.
- Information about income, economic activity, or assets of the obligor, if known.
- Messages, emails, or chats related to the agreement and non-compliance.
- Brief timeline: when the agreement started, when it was breached, and what efforts were attempted.
What Should Be Clear in a Well-Drafted Agreement
A useful child-support agreement is not limited to stating a sum. It should reduce future discussions. Therefore, it is advisable to put in writing, at a minimum, the support amount, payment date,
It is also advisable to avoid vague phrases such as "they will help when they can" or "they will pay what is needed". In support matters, clarity protects both sides: the person caring for the child, because it makes compliance easier to enforce, and the person paying, because they know exactly what they must do.
Useful evidence to claim child support in Colombia
Effective counsel normally begins by organizing evidence. In cases like this, the following may be relevant:
- Civil registry of the child or adolescent.
- Proof of transfers or deposits.
- Receipts for school, transportation, food, health, therapy, or medications.
- Messages acknowledging payments, defaults or agreements.
- Information about income, lifestyle, or financial capacity, when legally obtained.
- Prior conciliation records, rulings or judgments, if any.
- Monthly expense breakdown, separating fixed, variable, and extraordinary expenses.
Common mistakes we saw in the case
- Relying only on verbal agreements: may work for a time, but they are fragile when conflict arises.
- Mixing visits with support: disagreements about custody or visits should not become an excuse to suspend support.
- Not keeping supporting records: without receipts, the case becomes a discussion of versions.
- Asking for a figure with no basis: support must be defended with needs and financial capacity, not just frustration.
- Waiting too long: the more months pass without an order, the harder it becomes to reconstruct the debt and negotiate precisely.
What Was Achieved by Organizing the Case
The goal was not to "win a fight", but to create the conditions to protect the child and reduce the room for non-compliance. The strategy focused on three things: a reasonable proposal, documentary support and clear consequences if there was no agreement.
In many cases, good preparation changes the tone of the hearing: the conversation stops revolving around reproaches and concentrates on concrete needs, real capacity,
Mistakes that can weaken a child-support claim
- Not separating ordinary support and extraordinary expenses. This may create unnecessary discussions about what was included.
- Relying only on verbal agreements. An informal agreement may serve as context, but it does not replace a clear and enforceable document.
- Submitting screenshots with no order. A complete and dated conversation is usually more useful than twenty scattered screenshots.
- Inflating expenses with no supporting evidence. The credibility of the case improves when each item has a receipt or reasonable explanation.
- Using the criminal complaint as a first automatic reaction. In some cases it applies, but in others it is advisable to first set, review, or collect the obligation through the appropriate channel.
- Not thinking about future compliance. A good agreement should state how much, when, how it is paid, what happens with health/education, and how it is updated.
To keep this guide grounded and verifiable, we contrast the analysis with public information from ICBF on what child support includes, the criteria for setting the amount, the procedure for setting of payment, the payment review and the regulation of non-payment of child support. The difference lies in how that information is applied to a concrete story: organizing evidence, choosing the path, and avoiding agreements that generate the same conflict again.
A key idea for claiming child support without improvising
In child support, the urgency is usually in payment, but the lasting solution is in clarity. A well-prepared case does not depend on telling a long story: it depends on proving needs.
Not sure whether to conciliate, collect or report?
We can review with you what happened, the documents you have and the best way to act. A well-prepared consultation usually saves time and avoids starting procedures that do not apply.
Related reading to decide the route
Depending on the point your case is at, these guides may help you complete the picture:
- How to prepare for a conciliation hearing
- What may happen if child support is not paid
- Divorce in Colombia: process and legal effects
- Before reporting: practical guide for a criminal complaint
How to turn the claim into a concrete plan
A child-support conflict in Colombia should be approached with sensitivity, but also with method. Formalizing the obligation, organizing evidence, and choosing the right path can prevent the case from escalating.
At Cafore Abogados we review cases of child support, conciliation, non-compliance and family strategies with a preventive and, when necessary, litigation-focused approach. If you are facing a similar situation, book a consultation with our family law attorney in Bogotá to review documents, risks and options before making decisions.
Laws and case law cited
- Law 1098 of 2006 (Code on Childhood and Adolescence), article 24 — right to support: it covers sustenance, housing, clothing, medical care, recreation, education or instruction and, in general, everything necessary for integral development, as well as the mother's pregnancy and childbirth expenses. Official text — Función Pública.
- Criminal Code (Law 599 of 2000), article 233, amended by Law 1181 of 2007 — failure to pay child support: general penalty of imprisonment of 16 to 54 months and a fine of 13.33 to 30 monthly minimum wages; aggravated penalty of imprisonment of 32 to 72 months and a fine of 20 to 37.5 monthly minimum wages when committed against a minor. Official text — Función Pública.
- Constitutional Court, Judgment C-984 of 2002 — found article 233 constitutional: the criminal sanction for failure to pay child support is not imprisonment for debt, because it protects the family and subsistence, not a patrimonial credit. Official record.
- Constitutional Court, Judgment C-798 of 2008 — it removed the word "únicamente" and extended the criminal protection of inasistencia alimentaria to same-sex permanent partners. Official record.
- Law 2097 of 2021 — Registry of Delinquent Support Debtors (REDAM) — it applies from 3 overdue support installments onward, whether consecutive or not (art. 2); it has effects on access to public office and public contracts, on credit and on the transfer of property subject to registration (art. 6). Official text — Función Pública.
- ICBF — What child support includes — the Institute (ICBF, Colombia's family welfare institute) sets out the items covered by the support obligation (subsistence, health, education, clothing and recreation). ICBF.
- ICBF — Criteria for setting the support amount — it explains how the child's needs and the paying party's financial capacity are weighed when determining the amount. ICBF.
- ICBF — Setting child support (service portfolio) — it describes the procedure for requesting that the support amount be set before the competent authority. ICBF.
- Fiscalía General de la Nación (Prosecutor's Office) — Procedures and services for the public — official guidance channel for filing the criminal complaint for inasistencia alimentaria. Fiscalía General de la Nación.
- Agencia Nacional Digital — What the REDAM is — official explanation of the Registro de Deudores Alimentarios Morosos and of its importance in the face of non-compliance. Agencia Nacional Digital.
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