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Questions Answered by Jose M. Rivera Santos
1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Do the parents have to legally help financially with my grandchildren if I have custody?

I have a 12 year old grandson for the past 7 years and a three year old since a month of birth,father is the only one contributing financially,moms both work and don't help with anything

Jose M. Rivera Santos
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answered on Feb 17, 2024

Greetings:

Parents can financially support their children and provide for them and their wellbeing.

1 Answer | Asked in Family Law and Probate for Puerto Rico on
Q: Do I need to retain a lawyer to go before a court to address the matter of affiliation? before confirming a declaration

of heirs? Or is it as simple as just walking in? Can you recommend a lawyer in Isabela?

Jose M. Rivera Santos
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answered on Sep 14, 2022

Greetings:

It depends on whether the matter turns adversarial, if there are discrepancies or concerns the court might recommend it.

2 Answers | Asked in Child Custody for Puerto Rico on
Q: I am very soon getting joint custody of my son. I have an opportunity to get specialized training in the states

That will give me a lucrative occupation and more income. It will take a year or so. Can I keep joint custody and have him spend time there with me in the states while IIm getting my degree?Unfortunately will change the agreement on the days and time I keep him as we are proposing. Time is an... View More

Jose M. Rivera Santos
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answered on Aug 22, 2022

Greetings:

You will have to notify the court of any changes and circumstances that may alter the agreements so it won't cause any conflict that may affect or reverse any progress on the custody agreements achieved in court.

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1 Answer | Asked in Divorce for Puerto Rico on
Q: Divorce entered in Norway, is it legal in Puerto Rico?

Me (Norwegian citizen, living in Norway) and my ex-wife (Puerto Rican citizen, living in USA) have signed divorce papers in Norway. We married in PR. She signed them through an e-file sent by the Norwegian government while being in USA. Is this divorce legal in PR? If not, what do we need to do to... View More

Jose M. Rivera Santos
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answered on Jul 22, 2022

Greetings:

There is a process called protocolization that naturalizes any judicial decree that was made in another jurisdiction.

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Which order to follow & school expenses?

My husband’s original child support order only mentioned he is to pay the basic support amount and that he was to cover 50% of gastos escolares. His most recent modified order includes the basic support plus a supplementary monthly education expense (believes it’s for tutoring) and he is to... View More

Jose M. Rivera Santos
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answered on Jul 19, 2022

Greetings:

A simple answer to all of your questions would be yes. The non custodial parent has to pay basic child support as well as the expenses associated with the child's education, medical insurance, clothing, extracurricular activities and any other expenses that are involve on...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Can I keep our home if we have 2 minors or do I have to sell it if my husband insist on it? We are divorcing.

The house was bought while married. I can afford the payment but not to buy him out.

Jose M. Rivera Santos
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answered on Jul 14, 2022

Greetings:

When you file for divorce and have 2 minors that where conceived on the matrimony, the non custodial parent has to provide child support and shelter for the minors.

The division of property doesn't expire until it's resolve among the parties. So the request...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Hello, If me and my wife have been separated over 15 years but not legally divorced does she get 50% of my assets?

I have been separated from my wife for over 15 years, I live in PR she lives in Miami, I bought a house in PR and a car about 5 or 6 years ago, we do have 2 kids together an 19 year old and a 17 year old, if we divorce through court legally in PR does she get to keep half of everything I own and... View More

Jose M. Rivera Santos
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answered on Jun 3, 2022

Greetings:

The inexistence of a prenuptial agreement and other specifications about the assets are really important.

The kids are considered minors on Puerto Rico jurisdiction until they are 21 years of age. So there might be a need to pay child support and establish other regimes...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Puerto Rico on
Q: Cobro obligado en el marbete por $5 "donacion" Roberto clemente es extorcion.. como puedo demandar?

Renovation marbete

Jose M. Rivera Santos
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answered on Jun 3, 2022

Saludos:

El Código Penal de Puerto Rico define el delito de extorsión como "Toda persona que, mediante violencia o intimidación, o bajo pretexto de tener derecho como funcionario o empleado público, obligue a otra persona a entregar bienes o a realizar, tolerar u omitir actos, los...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: How does my husband get his divorce decree from Puerto Rico?
Jose M. Rivera Santos
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answered on May 9, 2022

Greetings:

You will have to request a copy through the clerks civil cases office.

1 Answer | Asked in Child Support for Puerto Rico on
Q: How can I move a child support case from ASUME to ORS in the states?

Various times throughout the past 2 years I have tried to contact ASUME by phone and email to no avail. My child and his mother have moved to the same state I reside in and have now lived here for about 4-5 years, however the child support case is still with ASUME in PR where they were living... View More

Jose M. Rivera Santos
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answered on Mar 28, 2022

Greetings:

The case belongs to the jurisdiction of Puerto Rico.

Since the case was filed there, the agency has the prerogative to keep jurisdiction and supervise it till its very end.

Legal age in the jurisdiction of Puerto Rico is reached when the dependent turns 21 years...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: Hi! Can I request copy of college enrollment to Asume? He's 19 & mother says he's in colllege but I'm not sure of it.

Also, is there a way to verify if he is working? I have no contact with him and it's the mother who says he is studying. I recently removed my daughter from child support & nobody ever told me about her grades or if she worked or not. I am paying with no info, I asked to review the support... View More

Jose M. Rivera Santos
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answered on Jan 18, 2022

Greetings

Yes you can get a copy thought the ASUME website, or request it so you can get it over mail.

Yes, you can request it by using one of the discovery methods in your case.

Th child support payment is established when evaluating several factors, needs of the...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Como obtener pruebas de divorcio sin tener las fechas del matrimonio o fechas de divorcio
Jose M. Rivera Santos
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answered on Jan 18, 2022

Saludos

Consulte el caso en el portal del poder judicial buscando las partes por su nombre.

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: I live in the states but have a child support case in Puerto Rico. I can never get in contact with anyone.

My balance is outrageous and based off incorrect information. I never got to see the child. Just looking for information on how to go about this situation.

Jose M. Rivera Santos
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answered on Jan 12, 2022

Greetings

If your child support payment is based on false information you can always file for review and provide the proper information so the agency can correct the calculations.

1 Answer | Asked in Criminal Law for Puerto Rico on
Q: What’s the law in Puerto Rico regarding hand guns (fire arms)?
Jose M. Rivera Santos
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answered on Dec 2, 2021

Greetings:

Puerto Rico Weapons Law 2020, Puerto Rico Act Law No. 168-2019 from December 11, 2019

1 Answer | Asked in Criminal Law for Puerto Rico on
Q: Hi, I am being accused by an officer that said he saw me toss a hand gun when I was in a parking lot at a night club.

I was handcuffed and taken to an area that I was nowhere near and there he picked up a gun from the ground and said it was mine.

Jose M. Rivera Santos
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answered on Aug 31, 2021

Greetings:

To bring more clarity to the peculiarities of the incident, there are a lot of factors around the criminal procedure, like interviews, discovery and investigation to be able to find out the facts of your case. And what really happened.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Whats will be the cost to transfer my mom house under her children name?, she in a agreement to do so.House in Aguadilla

My mother wants to transfer her home property into her 4 children, whats a reasonable attorney fee to do this?

Jose M. Rivera Santos
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answered on Jul 21, 2021

Greetings:

No attorney can answer these question as it is. The charges may vary depending on the services and task to be done based on the specifics of the property, liens or levies, the land where it sits, the children and other specifics with the current status of the property related to...
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1 Answer | Asked in Elder Law, Health Care Law and Family Law for Puerto Rico on
Q: Hi my name is Peter. I moved to Puerto Rico from Chicago to care for my mother who had cancer and was living by herself.

My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... View More

Jose M. Rivera Santos
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answered on Jul 21, 2021

Greetings:

Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: I have a court order video call visitation for my daughter(5yo) How can I modify it to physical visitations in Utuado
Jose M. Rivera Santos
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answered on Jul 21, 2021

Greetings:

You will have to file a modification of visitation rights and regime.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I know there is no alimony in PR but does it change if the wife has never worked and has been dependent on the husband?
Jose M. Rivera Santos
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answered on Apr 16, 2021

Greetings

Although is not normal and there's no alimony in Puerto Rico, there are some extraordinary circumstances when one of the parties can request spousal support, this is temporary and there are several requirements to be able to request them. Remember that spousal support is not...
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1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: My younger sister was removed from my mothers home. I Only have 1 bedroom in my sm apt. I am employed will they give her

Does she need to have her own room? I have a pull out bed for her in my room.

Jose M. Rivera Santos
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answered on Apr 13, 2021

Greetings

As her legal guardian the state can try to make sure that the minor has her own space and that she-he is provided with everything required for her/his well being taking in consideration the economic means and capability of the legal guardian to be able to take care of the minor.

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