Chilean Supreme Court orders restitution of child support funds

The Supreme Court of Chile has upheld a ruling requiring a woman to return approximately $8.7 million (CLP) received through the retention of pension funds intended for child support payments. The funds were originally withheld to cover debts owed by a father to his two adult children, aged 35 and 32.

The dispute arose following exceptional withdrawals from pension funds (AFP) during the pandemic, which allowed for the retention of resources to settle alimony obligations. While the mother received the funds on behalf of her children, a civil court in Temuco determined she lacked the legal standing to request and receive those specific amounts under the circumstances of the case.

The father filed a restitution lawsuit, arguing the money was paid to an individual without the right to collect it directly. The defense argued the woman acted as a representative for her children and that the funds were intended to settle an actual debt, citing laws that allow a parent living with an adult dependent to collect support in their interest.