Child and family support in Peru: how to request it and how much it is

There is no fixed percentage

The most widespread belief about child support in Peru is that a legal percentage exists — usually people cite 30% of the payer’s salary. No such rule exists in the Civil Code. Article 481 is explicit: the judge sets the amount “in proportion to the needs of the person requesting it and the financial ability of the person who must provide it,” also weighing both people’s personal circumstances and the payer’s other obligations. The same article adds something important for anyone worried about proving the payer’s income: “a close investigation of the amount of the obligor’s income is not required.” The 30% figure circulating informally does not come from the Civil Code: it is neither a legal floor nor a ceiling.

Who owes support to whom

Most public discussion of “alimentos” focuses on minor children, but the Civil Code goes further. Article 474 establishes reciprocal support obligations between spouses, between ascendants and descendants, and between siblings. In theory, an adult child can be required to support a parent in need, not only the reverse.

For adult children the Code writes two situations. Article 473 says a person over eighteen only has a right to support when they cannot provide for themselves because of a duly proven physical or mental incapacity. And Article 424 provides that the parents’ obligation continues for unmarried children over eighteen who are successfully pursuing studies in a profession or trade up to age 28, and for unmarried children who cannot support themselves because of a proven incapacity. Being unemployed, on its own, does not appear as a situation. What the text does not say is how the “only” in Article 473 and Article 424 fit together when a studying adult child has no existing support order, or what “successfully” means. Article 483 completes the picture for orders already set (see below).

When parents are absent or their whereabouts are unknown, Article 93 of the Children and Adolescents Code sets an order of priority for other relatives to step in: first adult siblings, then grandparents, then collateral relatives up to the third degree, and finally other people responsible for the child.

Where and how to file

A support claim for children and adolescents is filed before the Juez de Paz Letrado, under Article 96 of the Children and Adolescents Code. That judge has jurisdiction to set, increase, reduce, end, or apportion support regardless of the amount requested, the age of the recipient, or whether proof of the family relationship is needed — unless the support claim is joined with a separate claim, such as a divorce, in which case jurisdiction changes.

How the amount changes over time

A support order isn’t final. Article 482 allows either party to request an increase or a reduction when the recipient’s needs or the payer’s financial ability change. There’s a practical detail that can save a new lawsuit: if the support amount was set as a percentage of the obligor’s salary (for example, “20% of monthly pay”), the adjustment happens automatically every time that salary changes, with no need to sue again. If instead it was set as a fixed amount in soles, a formal request for an increase is needed when the situation changes.

For the paying party, Article 483 allows requesting a release from the obligation if their income drops to the point of endangering their own subsistence, or if the recipient’s state of need has ended. For minor children there’s also an automatic rule: an obligation set by court order stops applying once the child turns 18, unless the child has a proven physical or mental incapacity, or is successfully pursuing a profession or trade — in those cases, continuing the obligation can be requested (Article 424 caps studies at age 28).

What to do

If you’re filing a support claim, prepare proof of the family relationship (birth or marriage certificate) and document your actual needs — housing, health, education expenses — rather than trying to prove exactly how much the other party earns. If you already have a support order and circumstances have changed, check first how it was written: if it’s a percentage of salary, the adjustment may be automatic; if it’s a fixed amount, you’ll need to request the change. And if there’s also an ongoing custody or divorce case, keep in mind that jurisdiction and strategy can differ from a standalone support claim.

A reference range, not a formula

There is no legal child-support calculator, because there is no formula: the section above explains why. The child support estimator still shows an indicative range from income and number of children, using indicative figures that do not come from the law — with the same warning as this page: the judge can set more or less. Go to the estimator.

What if the father hasn’t acknowledged the child?

To request child support, a recognized filiation link must exist first. If the father does not voluntarily acknowledge the child, there is a special, fast-track judicial process to establish paternity through DNA testing. See establishing paternity in Peru outside marriage: the judicial process and DNA testing.

What if the obligated parent can’t pay?

When the primary obligor has no way to comply, the law allows the claim to be directed at other relatives in a specific order. See when you can request support from grandparents or siblings in child support from siblings and grandparents in Peru.