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Puerto Rico Child Support Questions & Answers
2 Answers | Asked in Child Support for Puerto Rico on
Q: What lawyer will take my case being that its ASUME in Puerto Rico? I might have to go the island and try?

Asume in Puerto Rico is very difficult to make contact with.. Things such as kids mom getting married son dropping out daughter is now pregnant and graduating high school has never been reported by custodial parent. I have the documents to most of the things but still have not recieved a word... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 2, 2020

Hello and thank you for using Justia. You are dealing with an agency that is almost impossible to contact from a remote location. This is a must visit agency. Even then it is a daunting task even for Attorneys. This is a very téchnical agency with a vast collection of regulations and laws all of... View More

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2 Answers | Asked in Child Support for Puerto Rico on
Q: Can by balance of 35k be reduced or 0 out in Puerto Rico?

My son had dropped out of high school at 16 then decided to go to job corps. Graduated at 17 was working for some people on the island then move to FL. Just turning 18yo. Lived with me and i found him employment were i am currently. He was with me for about a year before he moved out and back with... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 1, 2020

Hello and thank you for using Justia. You can and must get the Child support order reviewed and ceased. You also need to request credit for payments made directly to the Child while he was in your physical custody (residing) and / or under your care. This is amatter that you problably would want to... View More

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1 Answer | Asked in Child Support for Puerto Rico on
Q: Puerto Rico Child Support. What can I do if the federal government collected arrears past the Statute of Limitations dat

My son is 27 years old, more than 5 years past his age of majority, hence past the Statute of Limitations in Puerto Rico. But the federal government collected some past arrears from my tax refund. What can I do to get my money back and stop future garnishment?

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2020

Greetings:

If you have a child support outstanding debt they can collect through any means. Your best bet would be to establish a payment plan or pay in full the debt if you can. Through your legal representation.

If you have any other questions feel free to contact us directly and...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: my son is 16 , he been living with me since january 2020 i own 5,000 in child support ,but they still taking money from

my check what should i do

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 27, 2020

Hello and thank you for using Justia. You will need to notify the Court that your Child is with you and that all monies paid since January should be credited to Child Support arrears.

If you need additional information please feel free to contact me directly.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Please state the law that orders the non custodial parent to seek order to stop support after majority?

I have a child support order from Puerto Rico but I live in Texas. My oldest daughter has reached majority but my son has not. The father has not requested termination and decided to give me half of the support. What Puerto Rican law states that child support does not end automatically at the... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 13, 2020

Hello and thank you for using Justia. Child Support order can only be modified by a Court Order. Thus for the elimination of a Child Support order the Court must rule on eliminating the Order. Please Vieques the following link on this matter; http://www.ramajudicial.pr/orientacion/pension.htm... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: How to stop child support in Puerto Rico? Can you provide me with the statute?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 12, 2020

Hello and thank you for using Justia. The applicable laws are found un the Civil Code under sections 31 LPRA 568 and 569. They state that Child support ends by a decree ordered by a Court or ASUME only and for reasons specifically mentioned in the law. You must request un writting the elimination... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: if a parent leaves their child for months at a time and the child was in university (19-20yo) what should happen. in PR*

legal and step parent left puerto rico for just about 4 months and saying that they werent going to come back to live but now live in PR again and now that (now 20yo) lives in their boyfriends mothers house. and gets no support and no financial support from their parent. now has been almost 7... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 7, 2020

Hello and thank you for using Justia. The daughter is a minor until age 21 thus she has a right to request Child Support from her parents. Since she is a student she may qualifying for económical support until the age of 25 or date of graduatión, which ever occurs first.

The Child Support...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: Si una persona está encarcelada en P.R, su ex-pareja que reside en la FL puede enviarle “Child Support”de ese estd?

Mi hermano está en la cárcel y acaba de llegar una carta del “Child Support “ de la Florida a nombre de el. Quisiera saber a qué nos estamos enfrentando ya que esa no es su residencia. Adicional, ella le tiene una orden de protección a el y está pagando el la cárcel por eso y más está... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Apr 1, 2020

Saludos y gracias por usar Justia. La deuda de pensión sigue aumentando durante su estadía en la cárcel. Deben radicar una moción urgente al Tribunal informando que él está en la cárcel y qué no puede pagar pensión alimenticia estando preso.

De necesitar información adicional...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: I pay Child Support in New York State for my two oldest children. I now live in Puerto Rico.

My son was emancipated at 18 because he enlisted in the army, I stopped paying his part and continued to pay for my daughter’s part without failing, my son is now 21 and NYS Child support is still charging me for his part. I’ve called for petitions and they keep telling me they don’t have... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 27, 2020

Hello and thank you for using Justia. You need to figure out where was the original Child Support obligation order issued. This is whom has the jurisdiction over the Child Support case. According to the Uniform Interstate Family Support Act (UIFSA) (to facilitate collecting child support across... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: I’m a disabled vet and my daughter gets benefits from chapter 35 DEA. Can those payments replace child support?

She gets over $1,200 monthly. My child support orders me to pay $1,000...she’s 22 years old. Thank you in advance.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 24, 2020

Hello and thank you for using Justia. The Child Support laws in Puerto Rico are applicable upto the age of 21. There is an exemption to this rule when your Child is studying. If this is not the case, then you must petition the Court to eliminate Child Support. It is not eliminated automatically.... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: I’m on vacation in Puerto Rico and my son’s father owes me child support in New Jersey. I have the order, where

Can I go file for child support in Puerto Rico with the order from New Jersey?

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2020

Greetings;

The jurisdiction belongs to exclusively New Jersey, but If the father lives in Puerto Rico you can enforce the order through the interstate child enforcement services agency. They have liaisons with the local child enforcement services agency and will assist you on your case....
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Does ASUME in PR deviate from guidelines when noncustodial parent has other biological children or other CS obligations?

I read that many states do deviate from guidelines when NCP has other children to care for or other support orders (for children not on case). Does ASUME deviate or consider the other children as an expense or credit?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 23, 2020

Hello and thank you for using Justia. Yes local law does allow crédits for other child support Court Órdenes, children under your care in addition to various other crédits.

If you need additional information please feel free to contact me directly.

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2 Answers | Asked in Child Support for Puerto Rico on
Q: what are the provisions re ending child support if 18yo child is involuntarily hospitalized for drug abuse in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 4, 2020

Hello and thank you for using Justia. The child support payment is for the child's benefit regardless where he/she may be. There is no provisión in law as to eliminating child support payment because said child is in rehabilitation. I donot think that a Court will eliminate the obligation to... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: My brother pays for child support In Puerto Rico his ex wife does not allow visitation to see his daughters .
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 29, 2020

Hello and thank you for using Justia. Your brother has to file a motion requesting visitation. This will have the Court regulate the visitation process and garantee his right to have visitation with his daughters. The Court will obligate the Mother to allow visitation and paternal relationships. It... View More

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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 26, 2019

Hello and thank you for using Justia. If the warrent has been issued and registered in the Federal NCIC system your husband shouldn't attempt to travel until he clears up the situatión with ASUME.

The first thing your going to want to do is contact ASUME and verify what type of...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 20 years old and joined the armed forces, do I continue paying child support in Puerto Rico?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 6, 2019

Hello and thank you for using JUSTIA. Unless he has been emancipated under law, he is still a minor thus child support payments will continue. You must request emancipation. Once your son is emancipated, you then have to file a Motion in Court for the elimination of the child support order.... View More

2 Answers | Asked in Child Support for Puerto Rico on
Q: i live in Puerto Rico and owe child support in michigan will michigan have me extradited from Puerto Rico ?

if it's a felony child support warrant

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Dec 2, 2019

Hello and thank you for using JUSTIA. A felony warrent can be executed in Puerto Rico if Michigan files a request thus in theory yes you can be extradited. Your best bet is to hire an Attorney in Michigan and have the case cleared up. You may be able to set up a payment plan and avoid extradiction.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 6, 2019

Hello and thank you for using JUSTIA. The applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal... View More

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2 Answers | Asked in Child Support for Puerto Rico on
Q: I live in florida and my daughter lives in puerto rico i had another baby that i am providing for can i lower my payme
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 28, 2019

Hello and thank you for using JUSTIA. This all depends on what your available income is after the other child support payments have been issued. You will need to show that you are required to pay child support in another jurisdiction.

If you need additional information feel free to contact...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: Does my husband need to continue child support ? Puerto Rico

My husbands son is 23 . All of his friends graduated with a bachelors degree a year ago. His son is taking over 5 yrs for college because he has only been a part time student(he started college at 18yrs old) . He should be a full time student since he does not and has not ever had a job or any... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Oct 26, 2019

Hello and thank you for using JUSTIA. The case law on the matter of continúed child support after the age of majority (21) when said child is continuing his studies is found in Key Nieves vs Oyola Nieves 116 DPR 261. In said case the ruling contains the requisits needed to continue said child... View More

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