- The document that proves the obligation — for children, their birth certificates (Procedure Code Art. 212)
- Defendant`s address for notification
- Monthly budget of minor`s expenses with receipts
- Defendant`s income statement if you can obtain it
The child and spousal support lawsuit before the Judicial Branch is the route to compel a parent to economically contribute to maintenance of minor children, or one spouse to maintain the other after separation. The Guatemalan system has two strengths: provisional support ordered on the documents filed with the claim while the case is decided (Civil and Commercial Procedure Code, Art. 213) + attachment of assets and up to 50% of salary if the defendant fails to pay, and the criminal route for negación de asistencia económica (Penal Code Art. 242) once there is a final judgment or agreement.
Quick summary: Support lawsuit in Family Court. Fees: set by your private lawyer; no court fee. Provisional support is ordered on the documents filed with the claim (Art. 213). If defendant does not pay: attachment and, with a final judgment, a criminal complaint (6 months to 2 years in prison, Penal Code Art. 242).
Information verified November 2026. Civil Code text: CENADOJ annotated Civil Code, updated to 8 August 2025.
Correction, 24 September 2026. Support for children ends at 18 unless they are habitually ill, disabled or legally incapacitated (Civil Code Art. 290); non-payment leads to attachment (Civil and Commercial Procedure Code Art. 214; up to 50% of salary, Labor Code Art. 97) and, with a final judgment or agreement, a criminal complaint for negación de asistencia económica (Penal Code Art. 242); and there is no court fee to file (Judicial Branch Law Art. 57). An earlier version said support continued to age 25 for students, that an “apremio corporal” jailed the debtor until payment, and listed Q100-Q300 in court taxes.
Who can sue and whom?
| Plaintiff (creditor) | Defendant (alimentante) |
|---|---|
| Minor children (through the parent or guardian) | Parent |
| Adult children who are habitually ill, disabled or incapacitated (CC Art. 290) | Parent |
| Spouse | Spouse |
| Ascendants (parents, grandparents) | Descendants |
| Siblings | Siblings |
Civil Code Art. 283 makes spouses, ascendants, descendants and siblings reciprocally bound to give each other support.
What support covers
Civil Code Art. 278 defines alimentos as everything indispensable for sustenance, housing, clothing and medical care, plus the education and instruction of the alimentista while a minor. The judge fixes the amount in money, in proportion to the personal and financial circumstances of the one who owes support and the one who receives it (Art. 279). The table separates the heads Art. 278 names from costs you document in your budget for the judge to weigh:
| Category | Examples | Basis |
|---|---|---|
| Food | Meals, groceries, milk, formula | Art. 278 (sustento) |
| Housing | Rent or housing contribution | Art. 278 (habitación) |
| Clothing | Clothes, shoes, coat | Art. 278 (vestido) |
| Health | Visits, medications, dental, glasses, hospitalization | Art. 278 (asistencia médica) |
| Education | Tuition, supplies, uniforms, school transport, books | Art. 278 (educación e instrucción, for a minor) |
| Hygiene | Personal hygiene products, diapers | Not enumerated in Art. 278 — documented in the budget and weighed by the judge under Art. 279 |
| Recreation | Activities, outings, toys | Not enumerated in Art. 278 — same as above |
| Care | Babysitter/daycare if mother works | Not enumerated in Art. 278 — same as above |
Requirements
- The title the claim is based on (Procedure Code Art. 212): the will, the contract, the final judgment that states the obligation, or the documents proving the family relationship (for children, their RENAP birth certificates; for a spouse, the marriage certificate)
- The defendant’s address for notification
- A monthly budget of the expenses, with receipts
- Documents on the defendant’s means if you have them (receipts, contracts); without them, the judge sets provisional support prudently (Art. 213)
Step by step
- Consult a lawyer — private, or a university legal aid clinic (bufete popular).
- Prepare the budget with receipts: tuition, doctor, food, transport, clothing.
- File the claim in Family Court with the title of Art. 212. Support claims are heard in oral trial (juicio oral; Procedure Code Art. 216), where the claim can also be made verbally and the court secretary writes up the record (Art. 201). When minors or incapacitated persons are the claimants, the competent judge is the one of their domicile or of the place where the defendant lives, at the claimants choice (Family Courts Law, Art. 18).
- Provisional support — on the documents filed, the judge orders provisional support in money while the case is decided (Art. 213). Ask for precautionary measures at the same time; they are ordered without a bond (Art. 214).
- Notification and first hearing — if the defendant does not attend the first hearing and does not answer in writing, the judge declares them confeso and issues judgment (Art. 215).
- Judgment — sets the support in money (Civil Code Art. 279).
- If the defendant does not pay: immediate attachment and auction of assets (Procedure Code Art. 214) and salary attachment up to 50% for support (Labor Code Art. 97). With a final judgment or an agreement in a public or authenticated document, and after a legal demand to pay, a criminal complaint for negación de asistencia económica is possible (Penal Code Art. 242: six months to two years; exempt if they pay and guarantee, Art. 245).
- Changes later — fixing, changing, suspending and ending support are all heard in oral trial (Procedure Code Art. 216).
How support is calculated
There is no legal table. The judge fixes support in money, in proportion to the personal and financial circumstances of the person who owes it and the person who receives it (Civil Code Art. 279). The need to ask for support is presumed unless proven otherwise (Procedure Code Art. 212).
Ceiling on salary: DEMI states that “solo se le puede pedir el 50% de lo que gana”, and Labor Code Art. 97 allows salary attachment of up to fifty percent for present support and for support owed from the six months before the attachment.
Cost and time
| Concept | Cost | Time |
|---|---|---|
| University legal aid clinic (bufete popular) | Matters handled there are exempt from the forensic and notarial stamp tax (Decreto 82-96, Art. 1) | — |
| Simple private lawyer | Set by the lawyer (ask for a written quote) | — |
| Court fees | None to file: “La justicia es gratuita” (justice is free; Judicial Branch Law Art. 57), and the support claimant is not required to use stamped paper (Civil and Commercial Procedure Code Art. 216); if the defendant loses, they pay the costs | — |
| Provisional support | — | Ordered with the claim (CPCyM Art. 213) |
| Definitive judgment | — | Varies by court and evidence |
| Attachment (if not paid) | — | Ordered “inmediatamente” (Civil and Commercial Procedure Code Art. 214) |
| Recording and enforcement | — | Ongoing while obligation exists |
Common mistakes
- Not documenting needs with receipts — the amount follows the circumstances of both sides (Civil Code Art. 279), so document them.
- Not requesting provisional support from day 1 — waiting for the definitive judgment can leave the child without support for months. Request from filing.
- Not knowing defendant’s address — without address no notification, without notification no support. Investigate BEFORE suing.
- Relying on a verbal agreement — the criminal route of Penal Code Art. 242 requires a final judgment or an agreement in a public or authenticated document.
Diaspora — support when one party lives in the USA
Custodial mother in the USA, father in Guatemala
- Grant special power of attorney before notary at Guatemalan consulate in the USA
- Your lawyer in Guatemala (private or a bufete popular) files the lawsuit
- The claim is filed with the document proving the relationship, such as the RENAP birth certificate (Procedure Code Art. 212)
- If father does not pay, attachment proceeds in GT (and, with a final judgment, the criminal complaint for negación de asistencia económica)
Custodial mother in Guatemala, father in the USA
More complicated. Options:
Option A — Sue in Guatemala
- Notify the father in the USA via international letter rogatory
- The Guatemalan judgment can be enforced against assets in Guatemala
Correction, 23 September 2026. An earlier version of this section said Guatemala “has reciprocity with most US states” under UIFSA. That was wrong. Guatemala is not on the US Office of Child Support Services list of countries the US has child-support arrangements with (updated 15 September 2026), and it is not a party to the 2007 Hague Child Support Convention. How to use a US order in Guatemala, and why it is harder than in El Salvador or Honduras, is in enforcing a US child support order in Guatemala.
Option B — Ask about a case in the USA
- There is no Guatemala–US child-support arrangement to rely on, so whether a US state will open a case for a parent living in Guatemala is a question for the child support office of the US state where the father lives, or a US family lawyer
Option C — Combined
- Lawsuit in GT for legal traceability and future situations
- Whatever US-side action a US lawyer advises
- Consult family lawyer in both countries
Related trámites
- Organismo Judicial Hub — all OJ trámites
- Oral Child Support Proceeding — fast track specific for support (summary procedure)
- Judicial Divorce OJ — if support is part of divorce
- OJ International Judicial Requests — to notify father in the USA
- Get DPI — needed to sue
- MINEX Apostille — if you need to use judgment in the USA