Calculate child support arrears under CPC art. 528 (coercive) or art. 523 (expropriatory) enforcement.
Someone owed overdue child support has to choose between two paths, and the choice changes the calculation. Brazil's CPC provides the coercive track (art. 528), reserved for the most recent installments, which allows civil imprisonment of the debtor; and the expropriatory track (art. 523), for older debt, which does not imprison but adds a 10% penalty and 10% attorney fees and pursues assets (attachment). This calculator separates installments by track, updates each under the civil regime (STJ Tema 1.368 + Law 14.905/2024), and adds penalty and fees when applicable. Entering the enforcement filing date makes the split between earlier installments (only the last 3 outstanding ones enter the coercive track) and installments falling due during the case (all of them enter) automatic, and the calculator shows how much falls outside the coercive track to be pursued separately. It is an estimate for cross-checking, it does not replace the accountant's calculation or a family-law attorney's guidance.
The coercive track of art. 528 exists to force urgent payment and allows civil imprisonment, the only imprisonment for debt permitted by the Constitution (art. 5, LXVII). But it only reaches a slice of the debt: under STJ Precedent 309, only the three installments preceding the filing and those falling due during the case authorize imprisonment. Once notified, the debtor has 3 days to pay, prove payment, or justify; failing that, imprisonment is ordered (closed regime, 1 to 3 months), which does not erase the debt.
The expropriatory track of art. 523 handles the rest, the older debt. There is no imprisonment here; if the debtor does not pay within 15 days of notice, a 10% penalty and 10% fees apply, followed by attachment of assets and funds. It is slower, but it reaches assets that imprisonment cannot.
Suppose R$ 1,000 support with 8 months overdue. The three most recent installments (plus those falling due during the case) can go on the coercive track: they are the core that authorizes imprisonment, which pressures quick payment of the R$ 3,000 plus update.
The five earlier installments (R$ 5,000) do not fit the imprisonment track, they go on the expropriatory one. If unpaid within 15 days, they gain 10% penalty and 10% fees and proceed to attachment. It is common to file both fronts in parallel, which is why the tool lets you calculate each block by its track.
Because it is a civil debt, the update follows the regime the STJ consolidated in Tema 1.368, aligned with Law 14.905/2024: full SELIC until 29/08/2024 and, from 30/08/2024, IPCA for correction plus the Legal Rate for interest. Each installment is corrected by the index of its period, which avoids applying a single index to installments from different times.
Two practical notes: the amount already paid for each period is deducted from the balance before the update; and the art. 523 penalty and fees apply only on the expropriatory track. Because it involves deadlines and the possibility of imprisonment, always confirm with a family-law attorney before filing.
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></iframe>These references help contextualize formulas, standards, APIs and limitations used on this page. They do not replace professional validation when a result has legal, financial, medical or operational impact.
Under STJ Precedent 309 (codified in CPC art. 528 §7), the three outstanding installments preceding the filing plus every installment falling due during the case, with no cap on the latter. Enter the filing date in the calculator so this split is applied automatically; without it, every installment is treated as preceding the filing and only the last 3 are used. Older debt must be pursued through the expropriatory track of art. 523.
⚠️ Educational estimate. Confirm with a family law attorney before filing.
Rito coercitivo (art. 528 §7º CPC, Súmula 309 STJ): sem uma data de ajuizamento informada, todas as parcelas são tratadas como anteriores ao ajuizamento e só as 3 últimas em aberto entram no cálculo. Informe a data de ajuizamento se houver parcelas vencendo durante o processo.