Vox Populi

By Lic. Jonathan Montenegro

The School Bonus ought to be rational but also reasonable.

What is it? The commonly-called “salario escolar” (back-to-school bonus) is an additional

adjustment to the pay raise of government employees. It was created during the Figueres Olsen
Administration (1994-1998), and was granted for the first time on January, 1995. Its original aim
was to provide government employees with an alternative to face the extraordinary expenses
associated with the start of a new school year. It is something similar to a “second Christmas
bonus,” with the difference of being paid near the end of , as opposed to December.

School bonus for private sector employees. Thanks to the initiative of Congressman Guyón
Mesén, since 2008, private sector workers may request their employers to monthly set aside a
certain amount from their salaries and later release it as a back-to-school bonus.

Tax-free. It is worth adding that this amount is exempted from any social charges of the kind that
regularly tax salaries in general. Also, it is free from income tax, which is calculated for salaries
higher than or equal to ₡651,000.00.

Back-to-school bonus and seizures. This payment is not exempt from seizure through the courts,
whether it is due to common debts like credit card payments, mortgages or promissory notes, or
because of child support demands.

School bonus and child support. It is clear that one of the main purposes of this option is to meet
the needs of school-age children (as it is implied by its name). For this reason, every year, always
on the second fortnight of January, and as part of child support processes followed by the
Court, numerous extraordinary requests are filed in an attempt to compel obliged parties to
make the corresponding payments. Those who are obliged to pay child support are also obliged
to make this annual payment on the second fortnight of every January, insecula seculorum.
Even though the private sector employer is not obligated to “save” any amount of money for
this purpose, his/her employee MUST comply with the school bonus obligation in favor of his/her
dependants.

Rational. Of course, the back-to-school bonus is a very positive measure because it meets one
of people’s vital needs: education. It if weren’t for this measure, probably many children would
have to face a lot of trouble every February.

Reasonable? But, is this a reasonable measure altogether? Yes and No. It all depends on each
particular case. It is important to consider that, when the party who is obliged to pay child
support fails to provide the school bonus, he/she may be intimidated by the latent threat of the
bars (apremio corporal).

Therefore, we must ask ourselves if it is fair for a child supporter, who has paid every month, to be
sent to jail on account of not having deposited an amount for a family in which no member is in
need of a school bonus simply because no one is in school.

Another doubt arises when the Court—without a previous examination of reason—demands as

the school bonus the same amount that is requested as child support every month. There is no
proportion or logic in such a case since we cannot be persuaded that the costs of going back
to school can be equaled to the monthly expenses of a household. Such judicial practice is not
based on any technical criterion that supports it, hence its questionability.
Furthermore, Article 27 of the Law 7654 about Child Support clearly states that the obligations
must be determined by kinship, the financial needs of the beneficiary, and the financial reality of
the obliged party.

As a result, it is not possible to assume—as it is merrily done in many courtrooms—that the

amounts for child support and for school bonus are equivalent. What would happen then in
those cases in which a supporter pays two amounts? Should he/she pay twice for two months
on a row?

The necessity that school children have of getting access to all possible tools for the intellectual
development that they so much deserve is absolutely out of the question. However, this must
happen within a context of rationality, proportionality, and above all, justice.

We hope that the information herein presented may be useful to you this new school year. If you
wish for more details about this or other topics, feel free to write. Our e-mail address is info@ms-
cr.com. Or else leave a message at our website: www.ms-cr.com.