Child Support in Brazil: Calculation and Enforcement
Direct Answer
Child support in Brazil is set based on the need-ability-proportionality trinomial: the recipient’s need, the payer’s financial capacity, and the proportionality between both are evaluated. There is no fixed percentage in law, although courts typically apply between 15% and 33% of net income. Defaulters may face civil imprisonment, asset seizure, and payroll deduction. Support is reviewable at any time when circumstances change.
Legal Foundation of Child Support
The duty to provide support is established in the Federal Constitution (art. 229), the Civil Code (arts. 1,694 to 1,710), and the Alimony Law (Law 5,478/1968). The right to support is:
- Personal — cannot be assigned or transferred
- Non-waivable — the holder cannot permanently waive it
- Imprescriptible — the right to request support does not expire (enforcement of installments prescribes in 2 years)
- Non-offsettable — cannot be offset against other debts
- Non-attachable — received amounts cannot be seized
Who Can Request Support
Art. 1,694 of the Civil Code establishes that support may be requested by:
- Minor children (most common obligation)
- Adult children up to 24 in academic training
- Spouse or partner who demonstrates need
- Elderly parents from their children (reverse support)
- Grandparents (subsidiarily, when parents cannot pay) Learn more about our real estate law services.
The Trinomial: How to Calculate Support
Need
Refers to the recipient’s essential expenses: housing, food, health, education, clothing, leisure, and transportation. The judge analyzes the prior standard of living and the child’s actual needs.
Expenses considered:
- Housing (proportional rent)
- Food and hygiene
- Health insurance and medication
- School, supplies, and uniforms
- School transportation
- Extracurricular activities
- Clothing and footwear
- Leisure and entertainment Learn more about our real estate law services.
Ability
The payer’s actual economic capacity is evaluated, considering:
- Gross and net income (salary, dividends, investment returns)
- Essential personal expenses
- Other dependents (children from other relationships)
- Assets and investments
- Work capacity (not just declared income)
Proportionality
The judge seeks balance between need and ability, avoiding both enrichment of the recipient and excessive impoverishment of the payer.
Common Percentages in Practice
| Situation | Common Percentage |
|---|---|
| 1 child, formal employee | 20% to 30% of net income |
| 2 children, formal employee | 25% to 33% of net income |
| Self-employed/business owner | Fixed amount based on standard of living |
| Unemployed | 30% of minimum wage (existential minimum) |
| Ex-spouse | 10% to 20% (transitional) |
Important: These percentages are case law references; there is no legally fixed percentage.
Types of Support
Provisional Support
Set preliminarily in the support action (art. 4, Law 5,478/1968). Granted based on pre-existing proof of kinship and maintained until the final judgment.
Emergency Support
Set through urgent relief (art. 300, CPC) in any action discussing support. Requires demonstration of urgency and likelihood of the right.
Definitive Support
Set by a final and unappealable judgment. Maintained until a change in circumstances justifies modification or termination.
Pregnancy Support (Alimentos Gravídicos)
Provided by Law 11,804/2008, these are owed during pregnancy. The pregnant woman may request the alleged father to contribute to:
- Prenatal expenses (consultations, exams, medications)
- Special nutrition and supplements
- Maternity clothing
- Delivery and hospitalization
- Postpartum expenses
Requirement: Only evidence of paternity (messages, photos, witnesses) is needed. A prior DNA test is not required. After birth, pregnancy support automatically converts to child support.
Support Action: Procedure
Special Procedure (Law 5,478/1968)
- Initial petition with proof of kinship (birth certificate)
- Initial order setting provisional support
- Service on defendant for conciliation and trial hearing
- Hearing — attempt at agreement; if none, evidence and judgment
- Judgment — setting definitive support
Average timeline: 3 to 8 months
Jurisdiction
The action is filed at the recipient’s domicile (art. 53, II, CPC), which is a rule of absolute jurisdiction in favor of the support creditor.
Enforcement of Support
Non-compliance with the support obligation allows the creditor to enforce the debt through two distinct procedures:
Imprisonment Procedure (art. 528, CPC)
Applicable to the last 3 overdue installments and those maturing during the process. The debtor is served notice to pay within 3 days, under penalty of civil imprisonment of 1 to 3 months.
Characteristics:
- Civil imprisonment is a coercive measure, not punitive
- Full payment immediately extinguishes imprisonment
- May be decreed in open, semi-open, or closed regime
- The STJ admits closed regime for repeat offenders
Seizure Procedure (art. 523, CPC)
Applicable to all overdue installments (including those beyond the last 3). The debtor is served notice to pay within 15 days, under penalty of a 10% fine and asset seizure.
Enforcement measures:
- Payroll deduction
- Bank account seizure (BACENJUD/SISBAJUD)
- Seizure of movable and immovable property
- Vehicle seizure (RENAJUD)
- Protest of the debtor’s name at notary office
- Registration with credit bureaus (SERASA/SPC)
Procedure Comparison
| Aspect | Imprisonment | Seizure |
|---|---|---|
| Enforceable installments | Last 3 + future | All overdue |
| Payment deadline | 3 days | 15 days |
| Sanction | Civil imprisonment 1-3 months | 10% fine + seizure |
| Effectiveness | Very high | High |
| Objective | Personal coercion | Asset expropriation |
Support Modification
Child support may be reviewed at any time when there is a change in the need-ability balance (art. 1,699, CC).
Grounds for Increase
- Increased needs of the recipient (illness, more expensive school)
- Significant increase in the payer’s income
- Inflation eroding the real value of support
Grounds for Reduction
- Job loss or income reduction of the payer
- Birth of other children by the payer
- Decreased needs of the recipient
- Recipient now has their own income
Termination of Support
Termination of the support obligation requires a judicial termination action. Common grounds:
- Child reaching majority (not automatic — requires proof of capacity)
- Completion of higher education
- Marriage or common-law union of the recipient
- Proven capacity for self-support
Support and Income Tax
For the Payer
Amounts paid as judicial or court-approved child support are no longer deductible from Income Tax since 2024, following the STF decision in ADIn 5,422 and subsequent legislation.
For the Recipient
Amounts received as child support are exempt from Income Tax, per the same STF decision that declared unconstitutional the taxation of support payments.
When to Consult an Attorney
Child support matters require specialized family law guidance. Seek an attorney when:
- You need to establish support for children after separation
- The debtor stops paying support
- There is a need for modification (increase or decrease)
- You wish to request pregnancy support
- You receive a summons in a support action
ZS Advogados Associados has a specialized team in support actions, enforcement, and modification. We offer personalized service and effective strategies to protect the recipient’s interests and ensure compliance with obligations. Contact us for a consultation.
Conclusion
Child support is a fundamental right ensuring the recipient’s dignified subsistence. Its determination through the need-ability-proportionality trinomial seeks a fair balance between the parties. The Brazilian legal system offers solid enforcement mechanisms, including civil imprisonment, to guarantee compliance with this essential obligation. Seeking specialized legal guidance is fundamental both for those who need to request and those who must pay support.
This article is for informational purposes only and does not constitute legal advice. Each case has specific circumstances that should be analyzed by a qualified attorney.
