My child's father lives abroad: how do I collect child support?

The father lives abroad: what can I do from here in Brazil?

Almost everything. The mother, father or guardian raising the child in Brazil can claim child support (pensão alimentícia) here, even if the other parent lives in Portugal, the United States or Japan. Brazilian courts have jurisdiction over a support claim when the creditor is domiciled or resident in Brazil (Code of Civil Procedure, art. 22, I, "a"). Rocha Advogados, based in Goiânia, Brazil, assists parents collecting support from a father or mother who lives abroad, and parents who pay support and are moving to work in another country.

Brazilian courts also have jurisdiction when the debtor keeps ties to Brazil, such as real estate, a bank account or a pension (Code of Civil Procedure, art. 22, I, "b"). Those same ties are the assets that can be seized if the support is not paid.

In which city is the support claim filed?

The support claim is filed in the place of domicile or residence of the person receiving support (Code of Civil Procedure, art. 53, II). If the child lives in Goiânia, the case is filed in Goiânia, even if the father lives on another continent. Law 5.478/1968, known as the Child Support Law (Lei de Alimentos), allows the creditor to go to court through a lawyer and prove only the family relationship and the debtor's duty to pay (art. 2).

On receiving the claim, the judge immediately sets provisional support (Law 5.478/1968, art. 4). The final amount follows the balance between the child's needs and the paying parent's resources (Civil Code, art. 1.694, § 1). Support is owed from the date the debtor is served (Law 5.478/1968, art. 13, § 2), so any delay in starting costs the recipient money.

How does a father living abroad learn about the case?

A debtor living abroad must be formally served, as a rule by letter rogatory (carta rogatória), which is a request from the Brazilian judge to a foreign court (Code of Civil Procedure, art. 237, II). This can take months, depending on the country. In the cases Rocha Advogados handles, an outdated address for the debtor is what most often delays service. Hearings can be held by videoconference (Code of Civil Procedure, art. 236, § 3).

What are the New York Convention and the 2007 Hague Convention?

They are two treaties signed by Brazil to collect support from someone living in another country, with help from public bodies. The New York Convention on the Recovery Abroad of Maintenance was enacted in Brazil by Decree 56.826/1965. Under it, the Office of the Prosecutor General (Procuradoria-Geral da República) acts as the intermediary institution in Brazil (Law 5.478/1968, art. 26), and the request starts at the Federal Prosecution Service (MPF) office nearest the claimant's home, according to the MPF itself.

The 2007 Hague Convention on the International Recovery of Child Support was enacted by Decree 9.176/2017 and has applied to Brazil since 1 November 2017. It covers support for a child under 21 (art. 2, § 1, "a"). Each country designates a Central Authority (art. 4), and in Brazil that role belongs to the Ministry of Justice and Public Security, through its Department of Asset Recovery and International Legal Cooperation (DRCI), according to the ministry itself.

Under the Hague Convention, the Central Authority helps locate the debtor and obtain information about their income (art. 6, § 2), and the debtor's country provides free legal assistance for claims for a child under 21 (art. 15, § 1). The list of countries kept by the Ministry of Justice includes the United States, Portugal, the United Kingdom, Italy, Spain and France.

Which route is better: a case in Brazil or a request under the convention?

It depends on where the debtor's income and assets are. If he has a salary, property or an account in Brazil, a case here allows direct seizure and payroll deductions. If all his income is abroad, the Brazilian decision will need to be enforced in his country, and the convention is the public route for that, with the request translated into that country's language (2007 Hague Convention, art. 10, § 1, "a"). The two routes can be used one after the other, and Rocha Advogados provides the case plan in writing before starting.

The father lives abroad and does not pay support: what happens?

When collecting overdue support, the debtor is summoned to pay within 3 days, prove payment or justify why he cannot pay (Code of Civil Procedure, art. 528). Without payment, the judge orders the decision to be protested (art. 528, § 1) and may order civil imprisonment for 1 to 3 months, in a closed regime (art. 528, §§ 3 and 4).

Civil imprisonment only covers the 3 installments due before the enforcement was filed and those falling due during the case (Code of Civil Procedure, art. 528, § 7, and Precedent 309 of the Superior Court of Justice (STJ)). Older installments are collected by seizing assets. Serving the prison term does not cancel the debt (art. 528, § 5).

When the debtor receives a salary from an employer in Brazil, the creditor can ask for payroll deduction, including the overdue debt, up to 50% of net earnings (Code of Civil Procedure, art. 529, § 3).

There is already a foreign support order. Is it valid in Brazil?

A foreign support judgment only takes effect in Brazil after recognition (homologação) by the Superior Court of Justice (STJ), unless a treaty provides otherwise (Code of Civil Procedure, arts. 960 and 961). Among other requirements, the decision needs proper service on the debtor and an official translation (art. 963).

While recognition is pending, the Brazilian court may grant urgent measures and acts of provisional enforcement (Code of Civil Procedure, art. 961, § 3). Once recognized, the judgment is enforced before the competent federal court, under the same rules as a Brazilian decision (art. 965).

I pay child support, but I am going to work in another country. What changes?

The obligation stays the same, and the amount set remains due until a judge changes it. The Civil Code allows a request to reduce, increase or end support when the financial situation of the payer or the recipient changes (art. 1.699). The 2007 Hague Convention also provides for a modification request by the debtor (art. 10, § 2).

Payroll deduction ends with the Brazilian job, so anyone leaving must arrange payment before boarding, preferably through a written agreement submitted to the judge, with the amount, due date and a Brazilian bank account. Transfers from abroad must go through a bank or institution authorized to operate in the foreign exchange market (Law 14.286/2021, art. 3), with each month's receipt kept.

A support credit cannot be offset against other amounts (Civil Code, art. 1.707). A parent who pays school fees, airfare or gifts on the side, without this being in the agreement, risks having to pay the full support again.

Can I be arrested when I enter Brazil with overdue support?

Yes. A civil arrest order issued in Brazil remains valid while the debt is unpaid, and the debtor can be arrested upon entering the country, even on a short holiday trip. Anyone living abroad with arrears should check the case before traveling. Paying the installments being collected suspends the order (Code of Civil Procedure, art. 528, § 6), and only an absolute inability to pay, proven in the case, prevents imprisonment (art. 528, § 2).

Step by step to collect support from someone living abroad

1. Gather the child's birth certificate, the claimant's documents and the child's monthly expenses, with invoices and receipts.
2. Find out as much as possible about the debtor: country, city, address, employer, social media and any assets or accounts he still has in Brazil.
3. File the support claim in the city where the child lives, with a request for provisional support (Law 5.478/1968, art. 4).
4. Ask for service on the debtor abroad by letter rogatory or, where applicable, with help from the Central Authority.
5. Once support is set and overdue, file for enforcement with civil imprisonment for the last 3 installments and asset seizure for the older ones.
6. If the debtor's income is abroad, request under the convention the recognition and enforcement of the Brazilian decision in his country.

What mistakes does Rocha Advogados see repeated?

In the cases Rocha Advogados handles, the first mistake by those collecting is waiting for the father to return to Brazil before filing, when support only runs from the date of service. The second is accepting support agreed over a messaging app, with no court decision, which prevents enforcement with imprisonment when payments stop. On the paying side, the most common mistake is reducing the amount on one's own after moving. The other is sending money through third parties' accounts, without a receipt, which makes it hard to prove payment.

Frequently asked questions

The father lives abroad and does not pay support. Can he be arrested?

Yes, if a court has set the support and the last 3 installments are overdue (Code of Civil Procedure, art. 528, §§ 3 and 7). The arrest is carried out when the debtor is in Brazil, and while he is abroad, collection continues through the seizure of assets here.

Do I need the father's address abroad to file the claim?

The address is needed for service, but the case can start with what you know. Under the 2007 Hague Convention, the Central Authority helps locate the debtor (art. 6, § 2, "b").

I live abroad and my salary dropped. Can I pay less until the review is decided?

No. The amount set remains due until the judge changes it, and any unpaid difference becomes a debt that can lead to imprisonment. The way forward is a review claim (ação revisional) (Civil Code, art. 1.699), with proof of the new income.

Do I need to travel to Brazil or go to the consulate to sign the power of attorney?

No. For the support claim, the review claim or enforcement, the firm's power of attorney signed digitally is enough (Code of Civil Procedure, art. 105, § 1). A public power of attorney is only required when the act calls for a notarial deed (Civil Code, art. 657), which does not happen in these cases.

Does support end automatically when the child turns 18?

No. Cancelling support for a child who has reached adulthood depends on a court decision, with the right to be heard, even within the same case (Precedent 358 of the STJ). Until that decision, the amount remains due.

How long does it take to collect support from someone living abroad?

It depends on the country, the debtor's address and where his assets are, and service abroad is usually the slowest stage. The estimated timeline for your case is provided in writing before starting.

This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.

Rocha Advogados, a law firm in Goiânia (GO), Brazil, serving Brazilians living abroad. Av. D, 419, 4º andar, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in person in Goiânia.