This is the time to have a trusted surveyor second check to see if there are overlaying maps on any property owned in Costa Rica. If there are contradicting maps, the uncertainty could soon cause big trouble.

Around three years ago, the Registro Nacional and its Catastro or plat map department started a plan to crosscheck properties. Before this time, there was little or no checking done. Now Registro workers are using sophisticated equipment, including NASA photographs to check map overlays.

Here is a true story that happened recently.

There was a guard watching a property for some expat property owners. A little old man kept coming by saying to the guard, “You are living in my house.” The guard thought nothing of it until one day a lawyer showed up with the police and told the guard to get out. The guard was not easily intimidated, so he ran everyone off with his machete.

The old man stopped coming by, and the guard felt at ease. However, in the last few weeks the attorney showed up with the police and said he now owned the house and served the guard legal papers. The peon – a term used in Costa Rica to mean a manual laborer – could not read or write, so he called the lawyer of the expats who owned the property.

As it turns out, there is a map registered almost 30 years ago that covers 700 meters that was subdivided off the property. However, this map was never registered as a deed.

In Costa Rica, anyone could make a map, and up until now could probably get it registered at the plat department. This is the very reason the Registro Nacional and the Catastro department are merging their efforts to help legitimate property owners.

In the case of the guard, the legal papers called him a squatter and said he needed to get off the property in four days or be thrown off by force. Since he could not read or write, he did not notice the person that served him the papers did not sign or stamp them.

A week of hell broke out. First, the officer who served the papers had to be found to sign and stamp the legal documents. Second, the legal owners of the property had to be found to sign all the paperwork to prove the guard was really a worker, enrolled in the Caja social security system and had workmen’s compensation.

Lastly, a lawyer had to draw up the legal paperwork to prove that the expats really bought the property and had a legal certified map for the land.

This whole ordeal is just a ruse to get possession of the house in which the guard is living. If intruders do get possession, to remove them would be a long, drawn out, expensive court battle.

As it turns out, the very old map does not even involve property close to the house where the guard lives but somewhere else down a long country road.

In another case, in another area of the country, a map showed a walking bridge crossing a river to an expats property. The bridge was washed away years ago. The owner of the property on the other side of the river sued the expat to rebuild the bridge.

A long court battle ensued. In the first decision of the court, the expat was told to rebuild the bridge. The appeals court overturned the ruling, stating that mother nature destroyed the bridge many years ago and it was too late to complain about it now.

Expats can do something about this problem of maps overlaying each other, but it does take a surveyor in most cases. Workers in the plat department at the Registro Nacional do not like outsiders in their midst. However, with this said, it is not impossible for a person to take the map of their property to the catastro department and ask if there are any other maps registered on top of the document or anywhere else on their property.

Usually, the normal procedure is that surveyors – referred to as topographers in Costa Rica – have access to the computers and can actually go in the computer room and look for themselves.

If a problem is found, the Registro Nacional will do an investigation on any abnormalities – in most cases – and nowadays will cancel maps that are not correct. Actually, that is their goal, to purge old maps that never turned into true deeds and only keep the maps that have been registered properly and have a legal deed attached to them.

Expats need to be aware to be a jump ahead of the scammers and have a current copy of the plat map that represents property along with the deed of purchase.

Again, a trusted surveyor can check to see if there are any other maps that have been registered — even a little map — if it exists on an expat’s property. If one is found, owners should get it canceled.

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The Caja Costarricense de Seguro Social known to most in its abbreviated form as CCSS or just the Caja is out in force to collect money owed to the institution. Many companies owe the Caja money. Some try to play games with the system, so they do not have to pay. Here is a bit of background and a company structure that most expats and Ticos alike do not know about which can be used to avoid the game playing.

The CCSS is the foundation of the social security system in Costa Rica. It collects money each month for itself and various other institutions to cover employee health, death and old age benefits to name a few.

Many companies get behind paying their monthly dues to the Caja. This is causing a severe breakdown of the system which is already taxed by rising health costs in general.

About a month ago, there were protests all over the country by the public complaining about the inefficiencies of the CCSS system and the poor medical care the institution provides in some areas of the country.

Some companies try to play games with the usual system of putting their employees on the payroll to avoid paying social security charges. One of the most notorious ruses is to have an employee provide an invoice to the company so it appears the employee is an independent contractor and not an employee.

There are three basic proofs that make up the definition of an employee in Costa Rica: remuneration, personal service and subordination.

Remuneration means a person gets paid for the work they perform. Personal service means the worker being paid for the services they provide must do the work, they cannot simply replace themselves with someone else when they do not want to work. Subordination means the worker takes orders and must obey them.

One problem with this ruse is that the worker usually does not pay into the CCSS system and thus is not covered by any benefits. In many cases, they do not pay for worker compensation either. That is provided by the Instituto Nacional de Seguros or INS for short. This fact contributes to the financial problems of the whole system and is one of the reasons the Caja is in a financial crisis.

True, independent workers can opt into the CCSS system by paying their quotas as such “trabajadores independientes” which mean independent – or professional – workers. However, if they meet the basic proofs of an employee as listed above, they are not independent and should be on a company’s payroll.

Due to the uproar by the public, Caja inspectors are everywhere trying to find the companies that do not pay and also trying to identify the companies that are playing games with the system.

Some companies like having certain professional workers off the payroll and it is more convenient for them to pay for professional services. Even the country itself has found it more economical to pay for services rendered and keep the payroll down.

For this reason, Law 7407 was created in May of 1994 adding a type of special company structure just for independent workers. It is called a S.A.L. or Sociedad Anónima Laboral. Translated into English this means a company for workers.

This company structure was initially created for companies that work with the government so thecountry could cut costs, but anyone can use it. One example is the phone company, Instituto Costarricense de Electricidad known as ICE for short. It uses S.A.L.s to do contract work like fix telephone lines and install telephone services.

A S.A.L must have at least four workers, and the workers must own the majority of the shares of the company. Outside investors can invest in a S.A.L. but they must remain a minority. If a worker of a S.A.L. leaves, he or she must return the stock holdings back to the company.

Here is how they work: Independent or professional workers constitute a S.A.L. to work with a company or companies. They bill for their work, and then the S.A.L. is responsible for paying into CCSS system and also paying for their workers compensation.

This keeps them off the payroll of the companies they work for and gives them the ability to work independently. The CCSS gets their money, and the companies receiving services do not have to worry about big payrolls.

An interviewed Caja inspector said, “S.A.L.s work well if the people that manage them do not play internal games with the company.” He was referring to the fact that in some S.A.L.s the workers’ pay themselves more than they report to the social security system and do not pay their workers compensation.

A company that has independent workers who are not on the payroll but meet the definition as an employee probably will have problems with the CCSS sooner or later. If these independent workers number less than four, the company should put them on the Caja system and get them workers compensation as soon as possible. If they number more than four and can manage themselves according to Law 7407, they should create a S.A.L and bill the company they are working for to keep in line with the law.

Most people do not know that if they hire a company and that company is not up to date with the Caja Costarricense de Seguro Social, the Caja can collect the money from the company or people to which the delinquent firm is providing services. For example, a security firm might not have all its guards on the payroll or might cheat by not listing any. The Caja has the right to come back at the firm or person who hired the company that did not pay into the system.

The Caja is on a rampage to get non-payers. Everyone, should evaluate the payroll to be sure they are being reported correctly and check to see if the companies they work with on a continual basis are up-to-date as well.

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Expats and everyone else holding assets in Costa Rica should check the documents pertaining to their properties as soon as possible to be sure everything is in order. Asset thefts are on the rise because of the digitalization of documents throughout the country.

The problem is that as the government institutions digitalize the workers are omitting important information from the original documents. One could wake up one morning and find the house stolen.

The new service provided by the Registro Nacional is great.  It is a fast way to get all kinds of Costa Rican certifications and other types of documents without having to travel to the Registro Nacional.  The service is relatively inexpensive, and most institutions will take the printed certifications without questions.

The system has hit a small roadblock because the Sala IV constitutional court has prohibited the Registro from accepting money, and online delivery of documents is on hold. The temporary ruling involved an appeal from a lawyer who objects to paying the money.

But either online or when issued in person, the digitized documents in many cases are just wrong.  The information in them is not always accurate because in either case the documents come from the digitized data base.

Take for example a certification of ownership and powers of attorney.  The Registro Nacional document may show no limitations when in fact there are very specific limitations.

An old power of attorney may have given someone very limited rights, like the right to negotiate an easement with a water utility.  But because of Registro omissions, the individual could appear to have total control of the asset, an expensive property. That’s enough control to sell it.

This is dangerous because unscrupulous souls are using the incorrect information and transferring assets without owners even knowing about it.  Is the Registro Nacional responsible?  Of course, but one would probably be dead by the time the lawsuit ends to get the asset back.

What every expat should do today is get a current copy of their information at the Registro Nacional regarding the assets and check it with the actual records.  If it is wrong, they should immediately contact a legal professional — a trusted legal professional. The keyword here istrust — to fix the problem.

Believe it or not, the people at the Registro do not like to mingle with normal people, just with those in the legal profession.  There is one great department called reconstruction — this department fixes Registro mistakes — and they are all good people and will talk to human beings.

It is not just assets like property changing hands illegally.  Other things are disappearing too, like easements and trust agreements, to name a few.
A paperless world would be great.  Digitalization and cloud computing also are super. However, these wonderful innovations are giving the bad guys the tools they need to steal.

The Registro Nacional is trying to make a rojo,a thousand colón note, like everyone else.  Soon everyone will have to pay for most of the documents they provide.  However, in the institutional haste to make money, the Registro is hurting individuals by providing information in some cases that is just downright wrong, and there is no really good system to rectify problems.

Here is the situation:  Tomorrow, someone finds someone else has misused incorrect information to steal his or her house.  The Registro Nacional says go to the prosecutor’s office to file a complaint.

The prosecutor is busy with other matters of more importance, and one has to wait or beg to file the charge.  Once the paperwork is done at the prosecutor’s office, one goes back to the Registro and files the papers.  Since the Registro closes early, it will probably be closed.  Next day, one goes back and tries to find the correct person to handle the situation.

Well, once that person is found, he or she does not like these kinds of problems and to get them to move into action is like moving an elephant.   It is not their house.  Well, the story continues through tons of paperwork and talking to people that really do not want to hear about a Registro mistake.

The only way to go is to find a lawyer who knows his or her way around the Registro and moves fast.  If the mistake is not caught before theft advances into a resale, one gets caught up in the Costa Rican quandary of who has more rights:  The innocent third party – usually the crook in this case, or a friend of the same – or the victim.

Third party cases go to civil court and are full of years and years of legal mumbo jumbo.  Victim cases go to criminal court, which at this time is almost a complete meltdown.

The sad truth is if the crook gets to use inaccurate documents before one finds out, the honest soul will probably lose the asset or die in the process of trying to get it back.

In summary, expats should compare important documents that are published in the new digitized system with  the originals.  If the the new version is wrong, expats should get the error fixed by a trusted – again the key word here is trusted – legal professional.

The urgency of this matter to the Costa Rican community— and especially expats, because they often are singled out in swindles — is paramount.
There is another strange situation expats should understand when the Registro again begins issuing documents online.

Most online documents and certifications are issued printed in blue. But the Registro supplies a download that can be printed multiple times.

The original document is created in portable document format (PDF) in the color blue, and most institutions expect them to be printed in blue.  Unless they are in that color as prepared by the Registro Nacional, many clerks and aides think they are not valid.  If one is planning to use one of the documents created by the Registro Nacional Digital, the document should be printed in blue to avoid problems.

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Today’s employee could be a company’s worst enemy tomorrow. If an employee turns, some will do as much harm as they can to their employer.

There are three important rules to finding and keeping a good employee: selection, training and remuneration. Even after going through a strict selection process, training employees extensively and paying them well, a day could come when they turn on the company.

There does not need to be a particularly good reason for this to happen. An employee may just decide to find another job, move on with their lives or decide they do not want to work anymore. Whatever the reason, many employees – especially in Costa Rica – see easy money by accusing their boss and/or others in their company of mistreatment. Even though this strategy knows no sex, women employees know they can stretch their charges farther than men.

This is due to Costa Rica’s stringent domestic violence laws where women use them to their own advantage to harass — and even steal from — men. The chance of an employer winning in a labor case is slim. A man winning a domestic violence case is also equally unlikely. A loss in a labor case can cost an employer thousands of dollars.

What should an employer do? Employees are usually a necessity in a business. The answer is to do things by the book as much as possible considering the labor laws are confusing to most expats. When in doubt, expats should ask a legal professional. Many of them do not know the answers either. The labor ministry is full of people who can answer questions, but few speak English. The ministry’s new Web site is very good. Many queries can be answered by a visit to http://www.mtss.go.cr/

The best rule of thumb is to have a written set of rules, and if an employee violates one twice, fire him or her the third time. Here is a very important fact to remember. Any fault expires after one month. If an employer does not reprimand an employee for a fault within that time frame, they lose the chance to do so.

Remember, a disgruntled employee will use everything and anything in their power or possession to fight a battle with an employer. They will even make things up and offer false witnesses to testify in a labor case. Judges are more inclined to listen more to an employee than to an employer due to the legal principle in dubio pro operario, or “when in doubt favor the worker.” Keeping paperwork is essential.

Today when everything is on a computer or portable device, an employer must have a plan so an employee cannot steal important company information. This includes, but is not limited to, passwords, financial statements, credit card information and company as well as personal secrets.

Employers should plan for the eventuality that an employee may leave – usually it is more the case when they leave not if they leave – and first and foremost protect company information, especially, the information on computers.

A bad employee can do much worse than simply leave the door open for an office theft. Having the passwords to go along with the data can put the entire business out the door with the computers. Often the critical data can fit easily onto a portable hard drive or memory stick.

Worse yet is when the disgruntled employee is also the company computer expert. A business owner can find himself in a battle of wits with the very person trusted to protect the computers.

One solution to protect data is cloud computing, and while it may not yet be practical to keep everything in the cloud, it is now quite possible to put the keys to the data into the off-site Internet cloud.

Microsoft Bit Locker, a feature of Windows 7, when combined with the right server software, can control computer data even when it leaves the office. Information copied onto an external disk is transparently encrypted so that it becomes totally inaccessible once the employee’s access is revoked.

Businesses can now trust their employees to work from home with sensitive data knowing that it remains safe from theft and can be revoked the minute the employee is off the payroll.

Stolen laptop computers are equally inaccessible, and attempts to retrieve the data directly from the hard disk using other computers or recovery software are impossible thanks to strong encryption.

The key feature that makes Bit Locker work is a Windows Server running Active Directory. While in the past the investment in computer hardware and trained IT staff to support it may have been out of reach for smaller businesses, the Internet cloud now makes it possible to outsource the data keys to a trusted partner.

Protecting a company’s computers in a breakup with an employee is only one area of concern, but one of the most important and should be on the top of the business continuity plan.

Complimentary Article in PDF Fomat

There is a new tax on the horizon for all types of companies, including inactive ones, that could prove to be very expensive for expats living in Costa Rica. This tax is just another way to squeeze everyone, including expats. It will surely prove to be a deterrent to investing in the country.

What is the tax department going to do with all the inactive companies if the new tax on them is passed? An inactive company exists for the sole purpose of holding an asset, but is not engaged in commercial activity. The tax is going to be somewhere between $200 and $300 per company. The exact amount is being debated now in the legislature. It is rumored the tax will probably be $200, but no definite amount is set as yet.

The tax department, Dirección General de Tributación, apparently cannot make up it mind as what to do with inactive companies.

There was a time that these inactive companies received legal books just like active ones.  That practice was canceled in 2010 with directive DGT-12-2010.  The directive stated that inactive companies should not receive legal books.  People complained and legal books were reinstated for these types of companies in June of this year.

There are two components to legal books for a company, minute books referred to as actas,and accounting books.  An active sociedad anónima gets three minute books and three accounting books. A sociedad de responsabilidad limitada gets the same number of accounting books but only two for minutes.  The difference is that the board of directors book is not required in an S.R.L. and it is omitted.

Expats need to take a hard look at their companies to see if any of them can be closed before the tax on them becomes law.  The problem is that it is not all that easy to get rid of them.  One cannot just go throw the books in the trash can.  Legal professionals questioned about the situation believe that the tax department is going to go after those people that do not pay the tax, and, of course, there will be additional fines and penalties for not paying.

The proper way to close an inactive company is to go before a notary and change the constitution.  Most companies are constituted for 99 years.  The notary would change the constitution of the company to only a few months into the future.  Once past, the company would be in theory dead.  The books then should go to the tax department for cancelation.

Sounds easy, but this process is expensive.  Here is an estimation of the costs:

A notary will charge around 20,000 colons ($40) for writing the change into the minute book and 60,000 colons ($120) to notarizing the act.  To change the constitution of a company requires publication in “La Gaceta,” the official newspaper, which costs between 7,000 and 8,000 colons (up to $16).  To file the paperwork costs about 65,000 colons ($130).

Add it all up and the result is 153,000 colons or three hundred and six dollars. A lot of money just to kill and inactive company.

The only alternative is to do nothing and wait to see if tax department tries to collect the money.  Which they probably will in time.  Now during that time, the tax, interest and penalties will all add up to more than it would have cost to close the company.

Why is the legislature trying to pass this tax? The answer is simple. Many people avoid transfer taxes on real property and other assets like vehicles by just transferring an inactive company that holds the asset.

This is perfectly legal, transferring a company to another owner, but the tax department does not get its share, the transfer taxes. It is envisioned that imposing a yearly tax on inactive companies should curtail some of this activity.

This new tax really puts expats in a dilemma. It is not a very good idea for expats to hold property in their personal name.

There are many reason for stating this but the most important is due to probate. Probate is expensive and time consuming. Judicial probates can last for many years.

It is wise to hold property separate from vehicles and employees which means many expats have at least three companies. This new tax is going to make doing so too expensive for many expats.

An amnesty would be nice, to give people a chance to get rid of old and out-of-date companies. Many expats created companies years ago. Some have forgotten about them, others have no idea where the paperwork is for those entities.

Even though an amnesty seems like the thing to do, it does not look like there will be one. The tax appears imminent for this tax year. It all comes down to money.

The Costa Rican government is trying to close the loophole and collect more transfer taxes. It would be interesting to know if the legislature has considered lost new investments into the country due to imposing a yearly tax on inactive companies.

The final kicker is that this proposed new tax would not be a deductible item on the company’s incomes taxes, according to the draft of the proposed law.

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Most expats in Costa Rica have experienced the problem of firing an employee or have one leave unexpectedly. One of the biggest headaches is calculating what is owed to them.

What usually happens is the employee goes to the labor ministry and has the calculations made there. An employer never knows if the numbers are right or wrong. Since many employees exaggerate the truth, the amounts sometimes end up in the stratosphere.

Here is a secret for expats to get a handle on employee severance pay.

First a note: An employee’s pay off varies based on years worked. The more an employee has worked, the more they get in cesantía. This is equivalent to severance benefits. Every employee is entitled to them, if they do their job in a satisfactory manner. The amount an employee is entitled to in vacation pay also varies with time.

Expats usually cringe when they have to make these calculations or call a lawyer to do it for them. Believe it or not, most lawyers do not calculate the amounts correctly either.

The savior is on the Internet located here.

This Web page takes the pain out of employer-employee separation. There is some information on the Web site that is in English, but not the severance calculations, so here is a quick course to use this valuable resource. The process is simple, so just follow this example for an employee:

Go to the Web site. Several boxes are on the page to fill in. They are in groups, the first group is called Tiempo laborado or “time worked.” Type in the date in the box labeled Ingreso. This is the employee’s start date. One can use the calendar, but it may not work on some browsers. If not, be sure to input the date as it is represented in Costa Rican format. For example, the day after Christmas two years ago would be represented as 26/12/2009. The dates are in a day/month/year format. Use this date for this example to see if the result at the end is the same as in this example.

The next box is labeled Salida for the termination date. The employee in this example will lose their job at the end of this month so put 30/06/2011 or use the calendar.

The next group is called Tipo de pago or “type of payment.” There are only two boxes, one is labeled Mensual for “monthly” and the other Semanal for “weekly.” Monthly includes monthly and bi-monthly payments. Weekly includes payments by the week, day or hour. For this example, check monthly.

The next grouping is named ¿Le ha sido otorgado el preaviso en tiempo? This means “Was the worker given notice of termination.” The answer is either SI or NO or Parcialmente for some notice was given. If the latter is the case, put in the number of days the employee was given to look for another job before termination. For this example, check no.

The last group on this page is labeled Días de vacaciones por disfrutar. This means, “How many vacation days does the worker have coming.” For this example, use five.

On the right side of the page — on the top and on the bottom of the calculations tables — in small letters are arrows with the word Siguiente. This means “next.” Click one of the arrows.

On this page there are 12 boxes to fill in. These boxes represent the last twelve months of a workers monthly payments. Fill in the boxes with the correct amounts.

Any in-kind benefits should be included in this amount. In-kind benefits include housing, food, or anything else that fits this definition: Payments for goods or services in lieu of money for labor. The domestic worker in this example is provided lunch by the employer worth 20,000 colons a month. For this example, fill in the boxes with the number 155,000 colons, 135,000 – this is a bit more than what a domestic employee earns according to the labor law – and add the 20,000 of in-kind benefits – their lunch.

Again, on the right side of the page – on the top and on the bottom of the calculations tables — in small letters are arrows with the word Resultado. This means “results,” click one of the arrows.

On the page, the employee is presented the amount of what is called liquidación. To pay off the employee in this example would cost 472,750.00 colons. At today’s exchange rate that would translate into $945.50.

Having employees tends to be a pain. In Costa Rica — as in other parts of the world – the employees are really the bosses of the employers. Going to labor court is expensive, and unless an employer has an iron-clad case they will most probably lose.

The best advice is to have a good labor contract, give written reprimands when they are needed – but no more than two, the third is to terminate. Most importantly, and something most people, not even lawyers know, is an employer only has 30 days to act on any fault of an employee, otherwise, the fault expires.

When one needs to end an employment relationship, this handy calculator is easy to use and very accurate and very few people even know it exists.

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There is nothing more frustrating in Costa Rica than to go to a bank, government agency or some store for a company purchase and the clerk asks: “Do you have a personería jurídica?”

The personería juridical is a legal document used in most Latin American countries to prove legal capacity or legal representation, mostly for companies, but there are certificaciones de poder, certifications of power — that are basically the same thing.

In the past, the only way to get one of these documents was to go to an attorney and pay him or her around $20. The attorney would print one on their fancy legal paper. A couple of years ago, the Registro Nacional allowed people to go directly to its offices and get a similar document for around 1,300 colons or $2.75 at the current exchange rate. A big difference from $20.

However, most people hate standing in the lines at the Registro Nacional and end up sending a messenger or using a messenger service. In the end this turns out costing about the same.

Now there is something new. And, most importantly it works, and it works great. The Registro Nacional has started something called the Registro Nacional Digital – the digital national registry.

Amazing, the digital system does work and it is easy to use if one can use a computer.

Here is the rundown for anyone needing a personería juridica and a multitude of other documents provided by the system:

Direct your browser here (http://www.rnpdigital.go.cr). In the middle of the page to on the right there is a box that states “Obtenga Certificaciones Digitales 24 horas del dia 7 dias a la semana.” This translates to “Get Digital Certifications 24 hours a day 7 days a week.”

Click on that box. On the top left there is a box that states “Registrarse por primera vez.” This translates into “Register for the first time.” The registration is a breeze. One is asked for only basic information, first name, last name, telephone number, email and a password. Once one registers, the system will send an email almost instantly. The test registration email for this article took 15 seconds to arrive.

There it is, no more fees to lawyers or long lines at the Registro Nacional. One can get mercantile and property information, personería juridicas, and believe it or not even catastros plat maps.
The system uses a very basic cart layout. The price for most documents is 2,500 colons plus tax or 2,798.50 which translates into $5.65 at today’s exchange rate. Some items are a bit more expensive. Compared to paying a lawyer or sending a messenger to get the documents one needs at the Registro National, the system is convenient and saves money.

The system can be used for more than one item at a time, too. All payments are done by credit. card. The shopping cart keeps a running total of purchases and does the math

Documents obtained at the Registro Nacional Digital are good for 15 days. They are provided in the worldwide PDF (portable document format) file system. Once the document is downloaded onto a computer, it is also sent to the email of record so it can be used over and over again.

This means the same document can be used for a variety of business without buying it again during the 15 days. This in itself is a real money saver.

The recipient can verify the document. The document provided by the Registro Nacional Digital has a key-code number that looks something like this “RNPDIGITAL- 123456-2011.”

Anyone questioning the document can access the same Web site and go to the section on the top right hand side of the page and click on “verificación de certificaciones” – vertification of certifications. The person questioning the document puts in the key-code number and the same exact document appears.

The world is turning quickly into a digital and live in the cloud world. Costa Rica is keeping up. The country is now also working hard on a new system called the Poder Judicial Digital, the digital judicial power. In a preliminary look, the system looks almost as good as the Registro Nacional Digital.

All this progress in Costa Rica is a bit frightening. It seems to be working. There is still one area that needs some serious help, the tax department. That Web site is still cryptic and does not work well most of the time. Their system to file tax returns using EDDI still does not work with Windows 7.

Complimentary Article in PDF Fomat

The intention of Costa Rica’s domestic violence laws is to protect — especially women — in cases of aggression or violence against a mate.

However, the law has been transformed into a law that creates a legal license to steal. Judges have not helped the situation at all. There are around 18 different medidas cautelares. This would translate into protective measures or injunctions in English. Most judges use only the harshest one, six months of complete separation of the parties involved. This is true even though in many domestic violence cases the charges are complete lies.

After police eject a husband from his home even if the allegations are fabricated, a court hearing may not take place for months.

The six-month protective measure actually has provoked violence, and a mate thrown out of the house sometimes goes back in violation of the restriction and does bodily harm to the spouse. If nothing else, the law as it is normally applied breaks down a family in direct violation of the Constitution and tears marriages apart.

Actually there is something in the domestic violence law most people do not know. The law states: El Estado procurará ofrecer alternativas de tratamiento y rehabilitación a las personas agresoras, tomando en cuenta, entre otras, su doble condición de víctimas y de agresoras.

This means the state shall offer alternatives to people entwined in a domestic violence case and offer assistance to both the victims and aggressors. This part of the law is hardly ever even offered to the parties of a domestic violence case according to four attorneys when it is an obligation of the state to do so.

The intention of the alimony and child support laws is to provide a source of income for children, spouses, and the elderly. The law also covers cases where people are incapable of working due to illness or a handicap. However, this law, too, has been in some many cases been distorted into a way to steal from another.

By filing questionable paperwork and receipts, a woman and her lawyer can convince a judge to set a very high alimony and child support payment, particularly if the husband involved is an expat. One judge in a decree that he felt that based on the receipts and other paperwork the expat could afford to pay the alimony and child support.

This is in direct violation of several key constitutional cases which state a judge cannot set an alimony or child support amount without concrete and factual information because the non-payment of either is an offense that can mean jail time. If the spouse does not pay the amount set by the judge, he goes to jail. Many times the amount is ridiculous because the primary source of facts about the husband’s income come from the wife and her lawyer.

Some expats caught up in this nightmare who cannot not pay end up leaving the country, even if they have children here. Others go into hiding or worse. Most do not have the financial recourses or legal knowledge to fight, especially when they are battling against laws that have been adulterated.

One poor expat was thrown out of his house without notice by a women and her daughter on trumped up charges of domestic violence, and now the wife has filed for alimony using his United States pension as proof he can pay it.

When an experienced legal professional looked at the facts of one case, it appeared more than just the woman was involved in getting what she wanted. She and her legal team obviously had the right contacts.

It is important to note that cases against expats flow differently than they do for local Costa Ricans. Usually, in a case of domestic violence, alimony and child support against a local, the whole family gets involved including the family’s pastor or priest. Normally, most expats do not have a big family support group in Costa Rica and are at a disadvantage. In an interview with three Costa Ricans caught up in a domestic violence and alimony case, all said that the problems were ultimately worked out inside the family.

This does not mean that Ticos do not get shafted by the laws too. They do. The primary cases where exorbitant alimonies were set by judges with little or no factual information now set a precedent to change the jurisprudence of the past.

The moral of the story, expats need to understand the domestic violence, alimony and child support laws in Costa Rica. Most do not. They need to understand the application of the laws are relentless. In many cases most expats who end up in court lose everything they own.

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