Child support in São Paulo
Setting, revising, terminating or enforcing child and spousal support — in court or by settlement. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsSupport follows two variables: the need of the recipient and the payer's means — plus the children's standard of living. There is no fixed rate: courts typically order 10% to 30% of net income, adjusted to the case. Late payment allows enforcement with imprisonment for up to three months of arrears (Súmula 309/STJ) or attachment of assets.
What can be done about support.
- Setting supportThe first award — by agreement ratified in court or by a support action that weighs need, means and the child's standard of living.
- RevisionIncrease or decrease when the payer's income or the child's needs change — job loss, new expenses, private school.
- TerminationWhen the legal duty ends: the child reaches majority, completes university, or starts providing for themselves.
- Enforcement of arrearsUnpaid support is enforced with attachment of assets or civil imprisonment for the last three months (Súmula 309/STJ).
- Support between spousesAlimony to the ex-spouse where need and means support it — rarer, usually temporary.
- Interim reliefTemporary support granted at the start of the case, while the final amount is being decided.
- Defense of the payerReview of the claimed amount, proof of real income, and fighting artificial need — the position of the person who pays.
There is no fixed percentage — need and means decide.
The recurring question is 'how much is support'. Brazilian law has no table: the judge balances three factors — the recipient's need, the payer's means and the family's standard of living. The typical range is 10% to 30% of net income, but percentages below or above that exist when the concrete case justifies it.
Income is not just salary: self-employment, dividends, rental income and benefits in kind count — and the concealment of real income is the classic dispute. Bank records, company filings and lifestyle evidence are the proof.
Enforcement is the sharpest remedy: arrears can be collected by attachment of assets in any amount, or by civil imprisonment limited to the last three months of unpaid installments — the only civil debt prison in Brazilian law.
The duty does not end automatically at majority: support continues while the child studies — and the termination action requires proof that the recipient can provide for themselves.
How we run the case.
- Measure need and meansThe child's expenses and the payer's real income — the basis of any realistic figure.
- Try settlementAn agreement ratified in court is faster and keeps the amount adjustable by mutual consent.
- Litigate when neededSupport action, revision or enforcement — with interim relief while the case runs.
- Enforce arrearsAsset attachment or civil imprisonment when the obligation is not met.
What to bring to the first conversation.
Documents that speed up the review
The child's expenses and proof of the payer's income are the foundation of the case.
- The child's birth certificate
- Parties' ID documents
- The payer's proof of income
- The child's monthly expense breakdown
- School, health plan and activity receipts
- Bank statements and messages
- Existing support agreement or order
- Proof of unemployment or income change, if applicable
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
Is there a legal percentage for child support?
No. The judge balances the child's need, the payer's means and the family's standard of living. The typical range is 10% to 30% of net income, but the concrete case decides — there is no statutory rate.
Can the payer go to jail for not paying?
Yes — civil imprisonment applies to the last three months of unpaid installments (Súmula 309/STJ). Older arrears are enforced through attachment of assets.
Does support end when the child turns 18?
Not automatically — it usually continues while the child is in higher education. Termination requires a court action proving the recipient can provide for themselves.
Can support be revised?
Yes — whenever need or means change: job loss, new child expenses, change in schooling. Revision can increase or decrease the amount.
What counts as the payer's income?
Everything: salary, self-employment, dividends, rental income, benefits in kind. Concealment of income is the classic dispute and is proven through bank and company records.
Is there support between ex-spouses?
Yes, when need and means support it — usually temporary, while the ex-spouse re-establishes themselves. It is less common than child support.
Is the support amount fair — or does it need revising?
Send the expense list and proof of income: we assess the realistic figure and the right path — settlement or court — with a written proposal.