Bill 674.

Summary.

The bill amends Article 31 of Law 42 of 2012. When a child support installment is unpaid without justification, it provides for a judicial order to pay the full amount owed. If 2 consecutive installments or 3 nonconsecutive installments go unpaid within 12 months, the judge could order coercive detention for up to 60 days; withholding of income, tax refunds, employment compensation, and payments under state contracts; attachment and seizure of assets; registration as a delinquent debtor; or a ban on leaving the country. It also provides for notices to the General Directorate of Revenue (Dirección General de Ingresos), the Social Security Fund (Caja de Seguro Social), and, where there are indications of fraud or intentional nonpayment, the Public Prosecutor’s Office (Ministerio Público).

The amendment to Article 32 classifies conduct such as concealing income or accounts, feigning unemployment, resigning to evade payment, transferring assets, using nominees, forming sham companies, leaving the country to avoid compliance, or refusing without justification to disclose assets as aggravated contempt. In such cases, the judge could order coercive detention for up to 90 days, an investigation into assets, piercing of the corporate veil where there are indications of fraud, court-authorized access to banking information, seizure of assets, and referral of the case file to the Public Prosecutor’s Office.

The bill creates the National Registry of Delinquent Child Support Debtors for people who are more than 2 consecutive installments or 3 nonconsecutive installments in arrears. While registered, and subject to the Constitution and applicable law, a debtor could face restrictions on contracting with and supplying the state, holding public office, managing state-owned enterprises, obtaining certain certificates of good standing, and accessing subsidies, financing, incentives, concessions, housing programs, and administrative authorizations. It also provides for notification of credit information bureaus.

For a registered debtor who is more than 3 consecutive installments or 6 nonconsecutive installments in arrears, the judge could temporarily suspend recreational memberships and entertainment subscriptions, prevent new contracts for those services, and direct payments for them toward child support obligations. The judge must first assess the debtor’s financial capacity and ensure the right to a defense. The debtor would have to disclose recurring services under oath; the judge could request information about recurring charges. The suspension excludes services essential to health, education, work, personal safety, and basic work-related communications.

Where there is a risk of concealment of assets, the judge could temporarily freeze accounts, restrict dealings with assets, and investigate property and companies. Public entities would have to provide the court with information on income, contracts, legally disclosable tax returns, and assets. The registry would be accessible to authorities and authorized persons, subject to data protection; registration would end upon payment in full, compliance with a court-approved agreement, or a final acquittal. The Executive Branch (Órgano Ejecutivo) would issue regulations under the law, which would take effect following its promulgation in the Official Gazette (Gaceta Oficial). The bill is relevant to judicial authorities, public entities, employers, state suppliers, financial and digital service providers, persons required to pay child support, and child support beneficiaries.