I live abroad and pay child support in Brazil: how do I stop paying when my child turns 18?

Does child support end at 18 in Brazil?

Not automatically. At 18 full years of age a person becomes an adult (Civil Code, art. 5), and adulthood ends parental authority (poder familiar) (Civil Code, art. 1.635, III). Support, however, may continue on another ground, kinship, because parents and children may claim support from one another (Civil Code, arts. 1.694 and 1.696). Rocha Advogados, based in Goiânia, Brazil, assists fathers and mothers living abroad who want to end or reduce child support the right way.

What changes at 18 is the proof. While the child is a minor, his or her need is presumed. After adulthood, support is only owed to someone who lacks sufficient assets and cannot support themselves through their own work (Civil Code, art. 1.695). That new situation is what the paying parent brings to the judge in the request for release.

My child turned 18. Can I stop paying child support?

Not on your own. Súmula 358 of the Superior Court of Justice (STJ) requires a court decision to cancel the support of a child who has reached adulthood. That decision depends on adversarial proceedings, even within the same case file. Adversarial proceedings means the child is called to respond and may prove that he or she still needs the support.

The decision that set the support remains valid until another decision changes it. The Code of Civil Procedure allows a judgment on a continuing legal relationship to be revised when the facts change (art. 505, I). Law 5.478/1968, the Brazilian Support Act (Lei de Alimentos), allows a support decision to be revised at any time when the financial situation of those involved changes (art. 15).

I stopped paying child support when my child turned 18. What now?

The installments that were not paid remain due and can be enforced. In enforcement, the debtor is summoned to pay within 3 days, prove payment or justify the inability to pay (Code of Civil Procedure, art. 528). Otherwise, the judge orders the decision to be protested and may order civil imprisonment for 1 to 3 months (art. 528, §§ 1 and 3).

Imprisonment covers the 3 installments prior to the filing of the enforcement and those falling due during the proceedings (Code of Civil Procedure, art. 528, § 7, and Súmula 309 of the STJ). Older installments are collected by seizing assets in Brazil. For someone living abroad, the arrest order becomes a problem on the first trip back to the country.

The fact that most surprises parents who stopped paying is in Súmula 621 of the STJ. The effects of a judgment releasing the payer go back to the date of service of process, with no set-off and no refund of what was paid. Everything that fell due before service remains owed, even if the judge later grants the release.

That is why a parent who has already stopped paying should file for release at once and, in parallel, negotiate the arrears. Each month of waiting is another month of debt that the release will not erase.

Child support until 24 if the child is in college: is that real?

No law sets the age of 24. What the Civil Code says is that support includes the educational needs of the person receiving it (art. 1.694). Based on that rule, Brazilian courts usually keep support for a child in college or technical school until around age 24. The condition is that he or she studies regularly.

That age works as a reference, and each case is decided on the evidence. A 20-year-old who neither studies nor works and is healthy enough to work may have the support ended. A child with a disability or illness that prevents work may keep receiving support after 24, because the need continues (Civil Code, art. 1.695).

What weighs in a request to end child support?

The judge compares the child's needs with the payer's resources (Civil Code, art. 1.694, § 1). In practice, the judge looks at age, enrolment and attendance in a course, completion of college, employment, own income and health. Any assets the child already has, such as property or a car, also count.

In the cases Rocha Advogados handles, the most useful evidence is usually the simplest. Examples are the diploma, a formal employment record, an internship contract, a company registered in the child's name and public photos of the child at work. A document in another language only enters the case with a translation by a sworn translator or through official channels (Code of Civil Procedure, art. 192, sole paragraph).

My ex-wife remarried. Do I still have to pay her support?

The Civil Code states that the duty to pay support ends with the marriage, stable union (união estável) or concubinage of the recipient (art. 1.708). Support between former spouses also ends if the recipient engages in unworthy conduct towards the payer (art. 1.708, sole paragraph). Unworthy conduct means serious behaviour against the payer, such as grave insult or assault, assessed by the judge.

A new marriage appears on a certificate. A stable union, which requires no mandatory paperwork, must be proven through a shared address, social media, statements or children from the new relationship. Because the support was set by a court decision, the safe way to end it is a new decision, and until then the amount set remains due.

The reverse reasoning does not apply. The payer's own remarriage does not end the support set in the divorce judgment (Civil Code, art. 1.709). When the divorce decision or agreement already set an end date for the former spouse's support, it ends on that date.

How do I ask to end child support while living abroad?

A person living abroad does not need to travel to Brazil or go to the consulate. For the release action, 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 is not the case in this action.

The Code of Civil Procedure favours the domicile of the recipient in support actions (art. 53, II), so the release action is, as a rule, filed in the city where the child lives. If the child also lives abroad, service on him or her goes by letter rogatory (carta rogatória) (Code of Civil Procedure, art. 237, II), which can take months. Hearings may be held by videoconference (art. 236, § 3).

When the evidence is strong, such as formal employment and a completed degree, the request may include urgent interim relief (tutela de urgência). It serves to suspend or reduce the support while the case is pending. The judge grants it when there is a probability of the right and a risk of harm (Code of Civil Procedure, art. 300). Without that decision, the amount remains due.

Is an agreement with my adult child the fastest route?

As a rule, yes. After 18, the person who negotiates and signs is the child, who has become the holder of the support right. A written agreement signed by both may be submitted to the judge for approval (Code of Civil Procedure, art. 725, VIII), and the approving decision has the force of a court judgment (art. 515, III).

The agreement may set an end date for the support, a gradual reduction until graduation or payment of the arrears in installments. What it cannot be is a mere chat on a messaging app. Without court approval, the old decision remains valid and enforceable, including with a request for imprisonment.

My income dropped abroad: should I ask for release or for a reduction?

If the child is still studying and depends on the support, release tends to be denied. The proper request in that case is a revision to reduce the amount. The Civil Code allows a reduction to be requested when the payer's financial situation changes (art. 1.699). Unemployment, a lower salary in the new country, a new family and a higher cost of living are facts to bring to the judge.

Proof of income abroad includes payslips, the employment contract, the local tax return and bank statements, all translated. Súmula 621 of the STJ also applies to reductions: they take effect from service of process. Whoever waits to ask for the revision pays the difference for those months with no way of recovering it.

Step by step to stop paying child support the right way

1. Read the decision or agreement that set the support and check the amount, the beneficiary, the payment method and any end date.
2. Keep payments up to date, with proof of each transfer, until the judge decides.
3. Gather the evidence: birth certificate, diploma, the child's job and income, or proof of the former spouse's new marriage or stable union.
4. Sign the firm's digital power of attorney, with no consulate involved.
5. Propose to the adult child or former spouse a written agreement, with an end date or gradual reduction.
6. With an agreement, ask the judge to approve it. Without one, file the release action, with urgent interim relief when the evidence allows.
7. Follow the service of process, in Brazil or by letter rogatory, and attend hearings by videoconference.
8. Once the decision is issued, stop the payroll deduction or the transfer and keep a copy of the decision.

What mistakes does Rocha Advogados see repeated?

In the cases Rocha Advogados handles, the most expensive mistake is to stop paying on the 18th birthday, assuming the support is over. The second is agreeing with the child by message that the support ends, without taking the agreement to the judge. The third is waiting years to ask for release, when Súmula 621 of the STJ no longer allows anything already due to be recovered. The fourth is asking for release when the case calls for a reduction, and losing time on a request without evidence. The fifth is travelling to Brazil with unpaid support without checking the case first.

Frequently asked questions

Does child support end at 18 in Brazil?

Not automatically. Cancelling it depends on a court decision, with the child's right to respond (Súmula 358 of the STJ). Until the decision, the amount set remains due.

If the release is granted, do I get back what I paid after my child turned 18?

No. Under Súmula 621 of the STJ, the release takes effect from service of process, and what was paid is neither refunded nor set off. That is why the request should be filed as soon as the reason arises.

My child finished college and started working. Is that enough to end the support?

These are generally the facts that weigh most, because the Civil Code only guarantees support to someone who cannot support themselves through their own work (art. 1.695). The judge still looks at the child's income and health. The estimated timeline for your case is given in writing before we start.

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

No. For a release or revision action, the firm's power of attorney signed digitally is enough (Code of Civil Procedure, art. 105, § 1). The consulate only comes in when the act requires a public deed at a notary's office.

My child also lives abroad. How will he or she learn about the case?

The child is served by letter rogatory, the Brazilian judge's request to the courts of the country where the child lives (Code of Civil Procedure, art. 237, II). That route can take months. An agreement signed digitally by both and approved by the judge avoids that wait.

My ex moved in with someone but did not remarry. Do I still have to pay?

A stable union or concubinage of the recipient also ends the duty to pay support between former spouses (Civil Code, art. 1.708). The cohabitation must be proven in the case, and payment remains due until the judge decides.

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.