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Questions Answered by Jose Rivera
1 Answer | Asked in Family Law for Puerto Rico on
Q: If I want to leave PR with my 16yr old daughter away from my husband. will that be considered kidnapping?

I want to leave with my daughter from my bad husband who hasn't been treating us good at all. Should I wait until she is 18 in 2 years or am I able to book a flight to New York and leave now. I just don't want to get into any trouble.

Jose Rivera
Jose Rivera answered on Jun 20, 2020

Greetings:

Leaving the jurisdiction with your kid without the other parents consent can open the possibility of him filing a complaint against you and a possible criminal process. Considering that you are married, are having incidents with you husband and have a minor, there are several...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Family law

If I reside in Puerto Rico and my child is born there, Can I move to another state with my child freely if me and the father were never married?

Jose Rivera
Jose Rivera answered on Jun 15, 2020

Greetings:

It is highly recommendable for you to request a hearing that will hear your reasons to move from this jurisdiction to another and for the court to evaluate the best options for both parents and the kid in that given situation. Specially when visitation rights and parental rights...
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2 Answers | Asked in Family Law for Puerto Rico on
Q: Leaving Puerto Rico.

If I have a child in Georgia and then move to Puerto Rico to live with the father , am I able to move back to Georgia without any consent from father.

Jose Rivera
Jose Rivera answered on Jun 20, 2020

Greetings:

It is highly recommendable for you to request a hearing so the court can evaluate whether it will grant such authorization. The court will evaluate your reasons to move from this jurisdiction to another and will evaluate the best options for both parents and the kid in that given...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: My daughter is going to college. Do I have to pay until she finishes college?

Does she have to show proof that she is going to college?

Jose Rivera
Jose Rivera answered on Jun 15, 2020

Greetings:

She will have to show through her grades that she has the academical aptitude and attitude to achieve a degree and that she need your assistance to achieve those goals. She will have to provide the proper evidence to the court. You will have to pay until she reaches the age of 25...
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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... Read more »

Jose Rivera
Jose Rivera answered on Jun 3, 2020

Greetings:

ASUME is an agency that is hard to make contact with over the phone even for us attorneys. You can still file electronically, but given your case, there are several technical issues that you have to address to this agency in regards to your child support payments and the...
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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... Read more »

Jose Rivera
Jose Rivera answered on Jun 3, 2020

Greetings

You have to request to have your child support case reviewed so you can provide proof that you have been providing for your son and that he has been living with you all that time through your legal representation. The court will examine the evidence and listen to the parties...
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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been... Read more »

Jose Rivera
Jose Rivera answered on May 29, 2020

Greetings:

By not having a court sentence that with grant your physical custody of your child, you will have to request a court hearing that will evaluate the situation and inquire the father about his consent on his child leaving the jurisdiction.

After evaluating and listening...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: Why Asume in PR has never sent the child support money to the child's mother?

Asume in PR has been garnishing child support from paycheck, but the mother of the child has never received the money; it's been months. I received a letter from IRS that the stimulus check was sent to Asume, my current wife and little son ended up with nothing, still the mother of my other... Read more »

Jose Rivera
Jose Rivera answered on May 16, 2020

Greetings:

You with have to hire a legal representative and file a motion to request a court order for them to comply with their obligation.

If you have any other questions contact us directly and we will be glad to be at your service.

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 Rivera
Jose Rivera 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 Family Law for Puerto Rico on
Q: Dad passed away in Puerto Rico. By law can I get some of his ashes? I am his adult daughter that lives in Florida.

My grandmother, his mom, passed away one month before him and the family would like to inter the ashes in the same mausoleum in Colombia. His common-law wife refuses to interact with his daughters. Legally can something be done to get some of his ashes?

Jose Rivera
Jose Rivera answered on May 11, 2020

Greetings;

Our condolences to you and your family. You have to know the whereabouts of your dad and know what happened afterwards. Then you will have to get a release form the agency and a court order to be able to request the procedure to be made in order to transport the ashes with you....
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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Mother of my two daughters left to Las Vegas without my permission. How do I enforce bringing them back to PR?

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Jose Rivera
Jose Rivera answered on May 11, 2020

Greetings:

You can file through your legal representation the course of action to regain and keep the legal custody of your kids, reinforce through the proper channels and agencies to proceed on securing the well being of your kids.

The first step should be to reinforce the court...
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1 Answer | Asked in Estate Planning and Civil Rights for Puerto Rico on
Q: My father was married to my mother at the time of her death. She had three prior children before married my dad from

Previous marriage. Together the only had one child which is me. My father is try to sell the house in Puerto Rico my mother didn’t not leave a will. Can her other kids receive money from the sell or no

Jose Rivera
Jose Rivera answered on Mar 17, 2020

Greetings:

In a simple explanation. When your mother passed away half of the estate passes to you father and the other half is divided between you and your relatives. In a more technical one, the estate gets divided in half first as we first explained and then it will get evaluated an...
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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 Rivera
Jose Rivera 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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1 Answer | Asked in Family Law and Civil Rights for Puerto Rico on
Q: Hi if child is of age and no longer in mother home in puerto rico mother refuse to give birth certificate and social

Can mother get introuble by law for holding them and not giving them up

Jose Rivera
Jose Rivera answered on Mar 5, 2020

Greetings:

As a parent you can request documents and credentials of your dependents. If they're of legal age they can request the documents themselves. If the mother prevents you from exercising your parental rights, you can file in court to validate those rights and have visitation...
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2 Answers | Asked in Child Custody for Puerto Rico on
Q: How can we fight to not pay past dues on Child Support when the non-custodial parent was deployed overseas?

NCP deployed overseas, ex wife filed for child support in PR saying he wasn’t paying any money. He has proof that he was sending money to his youngest son, the other two he wasn’t sending money because prior to a case being opened in PR they had child support agreements in Philadelphia. The... Read more »

Jose Rivera
Jose Rivera answered on Mar 4, 2020

Greetings;

You will have to request a review of the case and hearings to present the evidence that can prove that there were child support cases in other jurisdictions, present copy of the deployment orders and that one of the dependents was living with dad a long with any other evidence...
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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?

Jose Rivera
Jose Rivera answered on Feb 24, 2020

Greetings;

Yes the court deviates from those guidelines when taking in consideration other child support obligations and kids under the non custodial parents care, among other factors that will give credit and establish a more just child support payment so every dependent doesn't get...
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2 Answers | Asked in Criminal Law for Puerto Rico on
Q: How do I obtain an expungement record for a criminal case in San Juan, Puerto Rico?
Jose Rivera
Jose Rivera answered on Feb 5, 2020

Greetings;

If you want to obtain an expungement record from a criminal case the first thing you must do is to hire an attorney. Whether we’re a felony or a misdemeanor that you want to expunge from your criminal record after finishing serving time because of a court a sentence. It...
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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?
Jose Rivera
Jose Rivera answered on Feb 5, 2020

Greetings:

There are no provisions to end the payment of child support because of involuntary hospitalization for drug abuse. The treatment may even cause an adjustment on the monthly child support payment, depending on is cost and other factors essential to the dependents care. The court...
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2 Answers | Asked in Divorce for Puerto Rico on
Q: Been divorced over 10 years in Puerto Rico.My ex never paid mortgage. Can he claim half of my home now?

Been divorced over 10 years in Puerto Rico.Granted divorce for and abandonment of marriage

Jose Rivera
Jose Rivera answered on Feb 3, 2020

Greetings:

First and foremost, the result and evaluation will depend on whether you married under a legal partnership or you married with a prenuptial agreement. When you divorce this partnership is not dissolved automatically. It has to be file in a separate civil action because the court...
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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 .
Jose Rivera
Jose Rivera answered on Jan 30, 2020

Greetings and thank you for requesting our assistance through this platform. Your brother has parental and visitation rights that can be ratified through a court of law by filling a motion to request a hearing so he can have his parental and visitation rights. The Court will oversee that this is... Read more »

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