Miami, FL asked in Child Support and Social Security for Puerto Rico

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.

1 Lawyer Answer
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

A: 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. Suffrage has long been tied to the age of majority.

In Puerto Rico we use the age of 18 for voting but use the age of 21 to allow a person to perform all duties of an adult. A person from Puerto Rico can go to military service and war but cannot legally get married in Puerto Rico without parental consent. The federal government is not obligated by a state much less a possession but a state is obligated by the federal government. A state can give more protección thank the federal government but not less. Thus the injustice is caused by Puerto Rico and not the Social Security Administration. However, even if the age of majority in Puerto Rico was 18, your daughter would not be able to receive social security any how since the age of manority for United States is 18 years of age. You may want to search other opportunities such as Pelo grants and student loans through the federal government.

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