To reinforce good practices and avoid legal contingencies, we remind employers of some key aspects to keep in mind when managing wage garnishments for child support, under the Family Procedural Code (Código Procesal de Familia, CPF): 

Cooperation with the Judiciary: 

Article 264 of the CPF establishes that employers are obligated to provide information about the salaries and other income of employees who owe child support, when requested by a court. 

Refusing to provide this information or submitting false data may result in criminal complaints for offenses such as disobedience of authority or document falsification, as provided in the Criminal Code. 

Prohibition of Dismissal Due to Wage Garnishment:
As reaffirmed in Article 282 of the CPF, an employee may not be dismissed solely because their salary is subject to a garnishment for child support. 

Proration in Cases of Multiple Support Orders:
When an employee has two or more child support obligations and their salary is insufficient to cover all of them in full, the amount withheld must be prorated proportionally among the beneficiaries, so that each receives the same percentage. 

Any court involved may provide the employer instructions on carrying out the proration under Supreme Court Circular No. 255-2023. 

Companies and employers should ensure that their Human Resources and Finance personnel are familiar with these guidelines and have clear protocols to comply with court orders to ensure proper fulfillment of legal obligations and minimize risk for the company.

Contact us at [email protected] for further guidance.