Hague Convention Cases

In Mexico, both parents have equal responsibility for the support of their minor child. The law requires parents to provide for their offspring up until the child reaches 18 years of age or 25, if they keep studying. Courts will enforce an agreement between the mother and the father for continued support of an adult child. If the child is incapacitated, there is no maximum-age ceiling limiting the parents’ duty.

Each parent contributes according to his ability. The authorities usually consider the duty towards his child fully satisfied with respect to the custodial parent. To improve children’s standard of living, and to eliminate disparity between the divorced or separated parents’ households, the court can require additional contribution for this purpose. On the other hand, a parent can claim a deduction for hardship in limited circumstances, such as new children born.

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If child support is the subject of dispute between the parents, a court can make a temporary order for the payment of support. Should the parents reconcile and resume living together in one household, such temporary order loses its effect.

Generally, courts can modify or terminate child support orders at any time, although some limitations exist. A formal court process is available to parents seeking modification or termination of child support. An application for modification must be entered by a licensed Mexican attorney.

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December 9, 2017



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