Child Support Issues and Access to Justice: Evidence from Custodial Mothers in Colombia

Background: Child support from a noncustodial parent is a critical source of income for the increasing proportion of children living with only one of their parents, typically their mother. Yet, in many countries the majority of custodial mothers do not receive financial support from their children’s noncustodial father. Prior research has examined factors associated with nonpayment, particularly in the United States. Much less is known about how custodial mothers respond to child support issues such as nonpayment, and which factors determine whether they seek a remedy through formal and informal institutions. Understanding custodial mothers’ legal needs and experiences in accessing justice in child support issues is important to improve the effectiveness of the child support system. This study contributes to this literature by looking at the case of Colombia.

Data and Methods: I use data from 4,794 custodial mothers interviewed in the 2016 Colombian Quality of Life Survey. My first goal is to examine the extent to which custodial mothers experienced family issues (e.g., child support, visitation, custody, domestic violence) between 2014 and 2016, and the characteristics of those who were more likely to be impacted by them. I look at responses to child support issues, including whether the custodial mother took action, the type of action that was taken, and whether the issue was resolved. Second, I use logistic regression to examine whether the custodial mother sought assistance from formal and informal institutions to resolve the child support issue. Key independent variables include custodial mother’s education, age, marital status, participation in the labor market; and family characteristics such as number of children, welfare receipt, and urban location.

Results: My initial findings indicate that 1 in every 9 custodial mothers experienced a family issue between 2014 and 2016. Of these mothers, approximately two-thirds had an issue with child support, visitation, or custody, so among those experiencing family issues, child support-related concerns were common. Most mothers who experienced a family issue sought assistance from formal and informal institutions. However, over 60% of them indicated their issue was not resolved. Mothers who are younger and less educated were more likely to experience a child support issue.

Conclusions and Policy Implications: Child support issues disproportionately impact custodial mothers with socioeconomic disadvantages. The majority of these mothers seek institutional help but most do not find a remedy. Understanding why these institutions fail to provide a solution is key to further enhance custodial mothers’ access to justice.