Noblesville, IN asked in Child Support for Puerto Rico

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 internships. 6 months ago his father told him support would be ending when he turns 23 and that he needed to sign up for more classes so he can finish college or get a part time job. He has done neither. He takes 1-2 courses a semester. My husband is not court ordered to pay child support while his son was in college. Assume stopped child support at 21 but we continued paying to help his son. We have 4 kids under 18 and have struggled paying. Now his son is threatening to go to court to force him to pay. Will they make him since he doesn’t make a lot of money already to support the youngest kids & he’s already supported him through 5 years of college . Can someone just take their time in college

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2 Lawyer Answers
Nelson Jose Francisco Alvarez-Aponte
  • Carolina, PR
  • Licensed in Puerto Rico

A: 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 support. Some of the various requierments are that the student needs to prove to the Court his need for support and his parent's economical ability to pay, the student's dedication and his advantage taken or acheived of the academic opportunity available, school grades acheived in the academic field of study, academic load taken during the school semester versus his ability to work and student's dedication to his studies.

The case law established the age of 25 years old as a final age limit to finish academic goals , thus a part time student was not taken into consideration in this case ruling. Your husband's particular case would be a novice matter for the Courts of Puerto Rico.

Due to your husband's income and financial liabilities with his remaining minors, the student's attitude of continuing part time status, the case matter being a novice matter for the Courts and there not being any judicial nor administrative order to pay child support to the student I would advise your husband to discontinue all support payments to the student and await said student's next move. Your husband can also reduce the support payments to an amount that he can pay confortably without affecting his remaining financial liabilities with his remaining minors.

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

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
Answered
  • Ponce, PR
  • Licensed in Puerto Rico

A: Greeting. The general norm is that the responsibility to pay child support end by the time the dependent becomes an adult. In other words, when he turns 21 years old. But there are exceptions to the rule of law. Especially when a minor goes to college or on a pursue of a professional degree before becoming an adult. I which case the parent will have to provide child support until he/she finished or accomplished that degree. But this is not a free ride. Is established by judicial precedent that if your husbands son wants to keep getting some sort of parental financial support after becoming an adult he has to prove that he needs the financial support, that his dad has the economic means to pay for it and that he’s has the academical aptitude and attitude to achieve those goals that he’s using to justify the requested support. He must show good grades among other requirements. This is to help him achieve his academic goals. But like I wrote before, this is not a free ride.

If the child support is established by a court of law. Request a review. If you need additional information feel free to contact our firm. We sill be glad to be at your service

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