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Questions Answered by Nelson Jose Francisco Alvarez-Aponte

2 Answers | Asked in Child Support for Puerto Rico on

Q: Who has Jurisdiction of the child support case if the father of my son and my son lives in Philadelphia and I moved to

Puerto Rico, but the father was the one to submit the peticion requesting child support?

Nelson Jose Francisco Alvarez-Aponte answered on Sep 12, 2019

Hello and thank you for using JUSTIA. The jurisdiction belongs to the Court that issued the child support order or has a pending case where the child is a resident. If an order to pay child support has been issued then that issuing Court will have continual and exclusive jurisdiction on said matter... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Puerto Rico on

Q: My grandfather passed nearly 6 years ago. My grandmother is still very much living and well. Together they have a house

A house in Pr. They have 3 daughters- should my grandmother decide to sell the home will she need to give the daughters a share or is that only if she has passed and then the children inherit the estate?

Nelson Jose Francisco Alvarez-Aponte answered on Sep 10, 2019

Hello and thank you for using JUSTIA. The three daughters are the inheritors of your Grandfather's Estate which in turn is half owner of the house. In order for your Grándmother to sell the property, she will need to first create your Grandfather's Estate in Court, file the Estate taxes and... Read more »

1 Answer | Asked in Divorce for Puerto Rico on

Q: If I been marry with my wife for 20 years and she abandoned me for over 17 years . Would she be entitled to my pension.

Or alimony. How does it work

Nelson Jose Francisco Alvarez-Aponte answered on Sep 9, 2019

Hello and thank you for using JUSTIA and for the telephone call. As explained be phone, if you have made deposits or payments to your pensión plan during the three years that you lived with your wife then she will have a crédit of fifty percent of what you paíd into the plan. Since you seperated... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

Q: How can I stop paying child support when my son is in the airforce and his mom doesn't show evidence to asume???

She was given on appointment but didn't present,I try by sending pictures and permission sign by me for my son to enroll, but they said not enough evidence..

Nelson Jose Francisco Alvarez-Aponte answered on Sep 5, 2019

Hello and thank you for using JUSTIA. You will need to file a copy of your son's induction papers. These are the documents that are given to your son when he signs up for the military services and is deployed at boot camp.

2 Answers | Asked in Family Law, Civil Rights and Constitutional Law for Puerto Rico on

Q: 20 yr old female living in Florida. I want to get married. But my father doesn’t approve. Can he force me go back to PR?

Thanks

Nelson Jose Francisco Alvarez-Aponte answered on Sep 3, 2019

Hello and thank you for using JUSTIA. In the state of Florida the legal age of majority is 18. Since you are a resident of over said age you are legally emancipated and thus are an adult byou can legally marry your boyfriend without your father's consent. You are of legal age.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on

Q: Uncle passed away and had no children. Only surviving relative is my mom. Is she the owner of his property now?

No known will is in place. And we don't know if annual taxes have been paid on property.

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

Hello and thank you for using JUSTIA. The process of Inheritance in Puerto Rico is as follows;

First a search for a Testament is done in the Wills and Testament office. If one is found then the Probate of said document will be done. If no Testament is found then your uncle's property will...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on

Q: Is it legal for my daughter who is 18 to just move with her grandparents in Puerto Rico?

She was born in PR but has been living with her mother and brother in PA for the past six years. She was helped by her grandparents (mother's parents) without our knowledge or consent. What are our options if any? We do not agree with her moving to PR.

Nelson Jose Francisco Alvarez-Aponte answered on Aug 31, 2019

Hello and thank you for using JUSTIA. Since your daughter is a resident of Pennsylvania she became an adult at the age of eighteen thus you are no longer her legal gaurdians and she can legally leave the home without any parental consent. However, after her becoming a legal resident in Puerto Rico... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: My holdings company in the US. Has slowly been purchasing property under different companies established in Wyoming.

If we rent out these properties, firstly do we actually have to setup to do business in PR? Secondly, since all the monies paid to each entity is actually passing on the fees to the holdings company for mgmt. Does it even have to be concerned with setting up in PR since it will not be paying taxes... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 15, 2019

Hello and thank you for using JUSTIA. Yes you will need to set up an account to do business in Puerto Rico with the tax department. You will also need to file yearly tax returns and possible monthly IVU returns depending if you set up a non witholding corporation or not. Any income made in Puerto... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: My parents want to transfer their house in Puerto Rico to my name. What steps we need to take to have that done?

I have power of attorney from them... is it something I can do on my own? Do we need to travel to PR to have the transfer done or can it be done from the states?

Nelson Jose Francisco Alvarez-Aponte answered on Aug 12, 2019

Hello and thank you for using JUSTIA. This Transfer has to be done in Puerto Rico so you must travel. You cannot represent your parent's and yourself in the same act. Your parents will need to name a third party to represent them. The easiest way is for all to travel to Puerto Rico and do the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on

Q: How do I get a free consultation with an attorney with a background in real estate law in Puerto Rico. No answer yet.

Have a cousin who has put his small business on my father's property without permission and there is no written agreement. My father has the deed to this property. He is now expanding. My cousin says he has a business permit and is allowed to be there. How do find out that this is true? How do we... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 7, 2019

Hello and thank you for using JUSTIA. If you search the data base on JUSTIA you will find various Attorneys whom give free consultations in Puerto Rico.

2 Answers | Asked in Family Law for Arizona on

Q: My father was order to pay child support on my brother and I back in 1973, but he moved back to Puerto Rico.

My father abandon us, for years he got away with moving back and fourth to Camden, NJ to Puerto Rico so he would have to pay child support. Do I have any rights as his daughter.

Nelson Jose Francisco Alvarez-Aponte answered on Aug 7, 2019

The age of majority in Puerto Rico is 21 so you would have until the age of 26 to file for back child support.

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1 Answer | Asked in Business Formation, Business Law, Contracts and Real Estate Law for Puerto Rico on

Q: HOA laws in Puerto Rico. Looking for info on where laws can be found, summary analysis of key, legislative structures

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

Hello and thank you for using JUSTIA. There is no one place to find HOA regulations. Each community sets up its own rules and regulations. However there are basic rules such as horizontal laws for condominiums and access control laws for gated communities.

1 Answer | Asked in Divorce and Family Law for Puerto Rico on

Q: Divorce decree

My dad can go to court where I got divorced in Puerto Rico and request a divorce decree for me.

Do I have to send any written permission to request it? I live in usa

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

Hello and thank you for using JUSTIA. In order for you to get a divorce decree, you must request it personally since these cases are prívate. You will need to contact the Court to find out exactly what is needed for you to authorized your father to receive a copy of said decree.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on

Q: How do we deal with a person who has a small business on our property in Puerto Rico without our permission?

My father lives in Yabucoa, Puerto Rico and has a small piece of land across the street from his house. There is a main road between his house and a small business a nephew started without my father's permission. The nephew has been there for at least 5 years. It's a place to sell sandwiches,... Read more »

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

Hello and thank you for using JUSTIA. All he needs to do is to get an Attorney to file a process known as "Desahucio" which will have the Court order his nephew and the business removed from the Property.

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on

Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »

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2 Answers | Asked in Civil Litigation and Identity Theft for Puerto Rico on

Q: What are alimony laws in Puerto Rico?

A couple were married a little over 2 years while living in Florida... in those 2 years, wife cheated 3 times, and they attempted reconciliation. After the 3rd time, they separated, and she took kids and moved to Puerto Rico. They've been separated 4 yrs, and he wishes to divorce legally to... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. There is no alimony per say under Puerto Rico law. The only rights she would have is child support payments and half of all marital property. The child support is determined by calculating the sum of both parties monthly income and then finding said sum in the... Read more »

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1 Answer | Asked in Real Estate Law for Puerto Rico on

Q: Can a sibling sell inherited property without the authorization of all siblings?

9 siblings inherited my mother’s property 4 want to sell the others are opposed. Can they sell the property without everyone’s consent.

Nelson Jose Francisco Alvarez-Aponte answered on Jul 16, 2019

Hello and thank you for using JUSTIA. As per law, no one is forced to remain in a community of property. Thus if one member of the Estate wishes to sell his/her share they can do it without the authorization of the remaining members of said community. Either the remaining members buy said share or... Read more »

1 Answer | Asked in Real Estate Law and Business Law for Puerto Rico on

Q: How do I stop partner from keeping all of the rent from our property in Puerto Rico refusing to pay the taxes?

Nelson Jose Francisco Alvarez-Aponte answered on Jul 8, 2019

Hello and thank you for using JUSTIA. The best remedy is to speak with your partner and explain that taxes are an obligational part of life . One can go to mail for tax evation. If this remedy does not work then you Will have to file a court claim requesting the Court to order the partner to pay... Read more »

2 Answers | Asked in Family Law and Child Support for Puerto Rico on

Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

Nelson Jose Francisco Alvarez-Aponte answered on Jul 8, 2019

Hello and thank you for using JUSTIA. If the chid is a resident of Puerto Rico then the obligación of child support continúes up to the age of 21 and can even be extended until the age of 25 if that child continúes his education . The main factor in your case is the residency of the child and... Read more »

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2 Answers | Asked in Child Custody, Child Support and International Law for Puerto Rico on

Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?

Nelson Jose Francisco Alvarez-Aponte answered on Jul 4, 2019

Hello and thank you for using JUSTIA. No you cannot. Child support payments and visitation rights are two totally seperate issues and are not based one on the other.

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