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Questions Answered by Nelson Jose Francisco Alvarez-Aponte

1 Answer | Asked in Family Law for Puerto Rico on

Q: My mother can’t remember the day she got married and needs the marriage license. Any recommendations?

She was married in Puerto Rico and unless she know the date no one can help her. Without it she can’t get her ID. No idea what to do

Nelson Jose Francisco Alvarez-Aponte answered on Jun 24, 2019

Hello and thank you for using JUSTIA. Yes you can attempt to remember the year, month, town, church, place of reception, who Made the cake, catering service, original bank account date, purchase of marital house, social security information, life insurances policies, medical insurance policies,... Read more »

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

Q: How can I acquire a good Lawyer in Puerto Rico to handle an Estate & Inheritance issue in Caguas, PR, from New York?

My father's eldest sibling passed away in December of 2016, in Caguas PR. He was my father's only remaining sibling, was unmarried and had no children.

Shortly after his brother's passing, my father went to Puerto Rico to arrange his brother's funeral and secure his home, discovering that... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 24, 2019

Hello and thank you for using JUSTIA. In order to do this you Will need to do research and evaluate your findings. A good way is to evaluate these websites, the prófiles and the Answers given to questions that the lawyers answer. I for one am an Attorney in Puerto Rico and speak English fluently.... Read more »

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

Q: My father bought a piece of land with a old shack house and a family member builds reconstruction house on my land do I

Own just the land or both the land and the house

Nelson Jose Francisco Alvarez-Aponte answered on Jun 22, 2019

Hello and thank you for using JUSTIA. If the construction was done with your father's authorization then the family member pena the house. It all depends on what the agreement between them was. However there are varios legal procedures that can reverse the ownership of the Property in favor of said... Read more »

1 Answer | Asked in Child Custody and Divorce for Puerto Rico on

Q: Does a person filing divorce have to go to family court in Puerto Rico to determine custody of children?

A friend of mine lived in Puerto Rico until 6 months ago. He moved to Puerto Rico from Florida when his wife moved to Puerto Rico with kids to stay close to kids and be involved in their lives. Even while separated he provides $1000/ month to support the kids. He's been separated from wife for 4... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 19, 2019

Hello and thank you for using JUSTIA. The divorce process is held in family Court. The process includes determinación of parens patria,custody, child support and visitation rights if the parties do not reach an agreement among themselves. Our system is extremely jealous in protecting the children... Read more »

1 Answer | Asked in Social Security for Puerto Rico on

Q: Do I have legal ownership of my social sec number, passport and birth certificate at 18 years old in Puerto Rico?

My mother threw me out a year and a half ago just as I had turned 17. I’ve been living with my grandparents ever since in the same town and turned 18 last November. My mother refuses to give me my legal documents, even though I’m of legal age. My passport is also the only form of identification... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 17, 2019

Hello and thank you for using JUSTIA. The legal age in Puerto Rico is 21 not 18. However, since the passport and social security are federal government issued documents you do have the right to get copies of said documents from these agencias. You can also attempt to get emancipated from your... Read more »

1 Answer | Asked in Family Law for Puerto Rico on

Q: My father died 5 years ago. my mother was married to my dad until his death and is 91 yrs old now.

To my knowledge & that of my four siblings, there was no will. What can we do to either have a will prepared for my mother or get rules of law of inheritance in Puerto Rico. What is the Declaration of Heirs?

Nelson Jose Francisco Alvarez-Aponte answered on Jun 17, 2019

Hello and thank you for using JUSTIA. To answer your first question your Mother can create a Will in New York and have it perfected to Puerto Rico law. An Attorney in Puerto Rico would create a draft of a testament for her signature with a Notary Public in New York and then have the document,... Read more »

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

Q: Why am I not allowed to explain why I can't pay child support to the judge if I don't have a lawyer present?

I live in Florida a received a summons for non payment of child support. I flew to Puerto Rico to attend court and they would not allow me to speak because I did not have a lawyer. I was immediately arrested, thrown in jail, and told I would stay there until all the child support had been paid.... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2019

Hello and thank you for using JUSTIA. Judges in Puerto Rico do not allow a party to speak in court hearing since you have a constitutional right to not incriminate yourself. Anything you say will be used against you. The law states that failing to comply with a child support court order is contempt... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

Q: Is there anything I can do if the mother is asking for a raise for child support?

She has two other kids from different fathers that are not even enrolled in ASUME and do not give her any money.

Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2019

Hello and thank you for using JUSTIA. The only thing you can do and should do is hire an Attorney to defend your rights. The child support process is a very technical forum to handle on your own and can leave you in the dark. An Attorney will assure that a fair child support is set so that you can... Read more »

3 Answers | Asked in Divorce and Tax Law for Puerto Rico on

Q: Hello! Will the money received by ex spouse as divorce settlement be taxed?

Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2019

Hello and thank you for using JUSTIA. A divorce settlement in Puerto Rico is not taxable per say but if a capital gain is created or the income of said spouse is affected then yes said gain is taxable as income .

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1 Answer | Asked in Family Law for Puerto Rico on

Q: Can a mother go on a 1 month vacation with her child without the "non custodial parent's" consent?

My cousin wants to visit me for a month with her son who is going on a year old this summer. The child resides with his mother(my cousin) as well as my aunt and uncle. The father does not reside with them nor has he been granted partial custody since he never applied for such. He threatened her... Read more »

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

Hello and thank you for using JUSTIA. The father in this case most likely has shared "Patria Potestad" thus yes he must be notified of said travel plans such as travel dates, destination, place of stay and contact information (telephone number) . If he is not willing to allow the travel then he... Read more »

1 Answer | Asked in Foreclosure for Puerto Rico on

Q: How can I obtain a copy of a foreclosure letter of a home that was foreclosed Ive tried contacting the bank lender

bank hasnt been able to help. I need this letter asap. The home is located in Puerto rico

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

Hello and thank you for using JUSTIA. A foreclouser letter is sent by the financial institution. The foreclosure process is done by a financial institution against the borrower in the Superior Court of the location of the Property. As part of the claim, the foreclosure letter needs to be included... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on

Q: I have a house in Puerto Rico ther for sale and have buyer interest to purchase it. Do I have to go for any closing?

Or can everything been done over the internet. Such as providing documents that the house is mine. Signing the house over to the buyer? If so how do I get my money. Does the bank wire me the money?

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

Hello and thank you for using JUSTIA. Under local Puerto Rico law, all real estate transactions must be done by public document and presented in the Registry of Property, thus it must be done by a Notary Public. Both parties must be present personally at the closing for the singing of the... Read more »

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1 Answer | Asked in Family Law for Puerto Rico on

Q: My brother and i are forced heirs of my late grandfather's properties along with 2 uncles.

My brother's vehicle is under my late grandfather's name, both of my uncles have no interest in the vehicle and neither do i, my brother wants to do a title transfer to someone that is willing to take the remaining loan. A document on my part is needed in order for the process to begin. What is the... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on May 30, 2019

Hello and thank you for using JUSTIA. The document you need has to be prepared by a Notary Public in Puerto Rico. It is simply a document whereby you recognize that the title is in your Grandfather's name but he vehicle realy belongs to your brother and as such does not form part of the estate.

1 Answer | Asked in Child Support for Puerto Rico on

Q: As of today 2019, what is the age for child support to be terminated if case was filed in Puerto Rico?

Child had live in Ohio for the past 11 years and attends college, does it affects the process? Minor is 20 years old, with how much time of anticipation can the support termination request be submitted?

Nelson Jose Francisco Alvarez-Aponte answered on May 30, 2019

Hello and thank you for using JUSTIA. The age is twenty-one. To file you must wait until the child turns twenty-one and then file on said date. However, you may want to contact an Attorney with this case since the child is not a minor in Ohio and is a legal resident of that state. This may have a... Read more »

1 Answer | Asked in Health Care Law, Family Law and Elder Law for Puerto Rico on

Q: Over 20 years done 100% of the care for 94 year old mother.there are 4 other brother, never done their share help

Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2019

Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.

1 Answer | Asked in Divorce for Puerto Rico on

Q: I want a divorce, if my wife does not want to sign the papers can she refuse the divorce?

Nelson Jose Francisco Alvarez-Aponte answered on May 23, 2019

Hello and thank you for using JUSTIA. Your wife can refuse a mutual consent divorce but there are other causes for divorce such as irreconcilable differences. This cause is a way to get a divorce when one party does not want a mutual consent divorce. There is no denying this type of divorce. It is... Read more »

1 Answer | Asked in Child Support and Social Security for Puerto Rico on

Q: Injustice. I live in Puerto Rico and my daughter also and my SS won't pay for her until she is 21.

Why does the SS administration not pay until she is 21 if the Puerto Rico law states that anyone under 21 is still considered a minor and that child support has to be paid until the age of 21 years old? I'm confused and feel it is not fair. Thanx.

Nelson Jose Francisco Alvarez-Aponte answered on May 22, 2019

Hello and thank you for using JUSTIA. The Social Security program is a federal program and uses the age of 18 as the age of majority. In 48 States the age of majority is reached at age 18. This age of 18 is considered the age of majority due to the fact that this is the age that one can vote.... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

Q: I live in Nevada and my kids with there mom in PR. How does Asume calculate payments?

Do they take into consideration my monthly cost of living? It’s way more expensive here then in PR. How would this get calculated? Thanks in advance.

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

Hello and thank you for using JUSTIA. Yes your living expenses are taken into consideration although the only credits you will receive are for additional dependant children, taxes and any other benefits for the children in this case.

Child support is calculated by combining the income of...
Read more »

1 Answer | Asked in Child Support and Social Security for Puerto Rico on

Q: Will my Social Security benefits help me pay child support while my daughter attends college in Puerto Rico.

I will be retiring soon at the age of 62 and my daughter is 17 and will be attending college soon. I will only be getting $700 a month and I pay $150 a month for child support.

Do I have to pay child support thru ASUME while she is in college?

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

Hello and thank you for using JUSTIA. Social security benefits for a dependant are only available up to the age of 18. After said age your daughter will not receive any benefit from your Social Security. You may want to check out the student grants and/or loans that are available for the student.

1 Answer | Asked in Child Support for Puerto Rico on

Q: My ex denied child support in front of a judge years ago and now wants to get child support what can happen?

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

Hello and thank you for using JUSTIA. The Judge will give her child support retroactive from the day that she files the request. If she files today then the child support will be retroactive as of today. The law also allows her to use an Attorney at your cost. The best scenario is for you to talk... Read more »

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