By Wendy Anders

The Costa Rican Supreme Court recently ruled that jail is a reasonable consequence for those who fail to pay child support in Costa Rica due to the “exceptional nature of the [child support] obligation,” reported CRHoy.com.

Magistrates said the 6-month jail term for those who lapse in their payments is reasonable, and upheld the measure as a mechanism that guarantees such payments as compatible with the country’s constitution, continued the report.

The case presented before the court claimed that detention for lack of payment is a 24-hour-a-day lack of freedom that “impedes the debtor from seeking work, or working, with the goal of fulfilling his or her child support payment,” according to the court file 16-014319-0007-CO.

The court however said in their October 26 sentence that, “Physical detention is not a penalty or a sanction. It is, however, a mechanism that seeks to ensure that payment of child support obligations is a compulsory measure, whose purpose is that beneficiaries of child support are able to meet their needs,” continued CRHoy.com.

In cases where those owing child support do not have the funds, or lack work, arrangements can be made for payments to be made in installments, and child support judges can stipulate a time-frame for seeking work, continued the court ruling, indicating that the law does provide a range of options in situations when payments can not be made, reported CRHoy.com.