Proposed: Child support debtors in Costa Rica would wear electronic ankle monitors instead of going to jail

Q COSTA RICA — An electronic ankle monitor will replace imprisonment for child support debtors in Costa Rica, according to the bill presented this Monday, July 27, by President Laura Fernández to the Legislative Assembly. In Costa Rica, if a monthly payment is missed or incomplete, it can land you in jail. The law doesn’t set a colón amount that triggers an arrest warrant.

Instead, because child support is paid monthly upfront, failing to pay on time gives the recipient (typically the child’s mother or guardian) the right to immediately request a warrant. Being sent to jail for missing a payment is not technically a criminal sentence for a crime, but a civil enforcement tool. You are detained until the outstanding debt is fully paid (up to 2 months on the first incident, 4 months on the second, and 6 months for the third, the maximum allowable time a person can spend in jail during a single detention period).

Once the time expires, they must be released, though the debt remains legally enforceable through asset or wage garnishment. In addition, anyone with an active child support case in Costa Rica faces an automatic departure impediment (travel ban). You’re not allowed to leave the country unless you’ve already paid 13 months of support upfront—12 months for the coming year plus the Christmas bonus (Aguinaldo).

The proposal The initiative is part of the second package of security reforms that the Executive Branch submitted to the unicameral Legislature and introduces electronic monitoring as an alternative to imprisonment. The State spends ¢75,294.97 colones per month on food alone for each person incarcerated, while each monitoring device costs the equivalent of US$7.20 per day, according to the bill’s explanatory memorandum. How it would work Under the proposal, the debtor would have to appear before the Administración de Adaptación Social (Social Adaptation Administration) within 24 hours of the court notification to have the device installed.

The Child Support Judge would define the permitted movement perimeter and could authorize outings for work, health, education, or family obligations. Each day under monitoring would be equivalent to one day of the detention ordered by the judge. The stated objective is for the debtor to maintain their employment and the ability to generate the income necessary to catch up on their obligations.