Asked in Family Law and Child Support for Puerto Rico

Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as she called they told her he had a warrant. Can he still fly within the us

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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. If the warrent has been issued and registered in the Federal NCIC system your husband shouldn't attempt to travel until he clears up the situatión with ASUME.

The first thing your going to want to do is contact ASUME and verify what type of warrent was issued. Most likely it is a warrent to either appear or show cause issued by the Court or ASUME. These type of warrents do not get registered with the NCIC system and thus your husband can travel with no worries. All he would need to do is to submit in a written motion evidence of payments made directly to the Plaintiff. (Child's Mother)

This should be done under sworn oath issued by the Plaintiff and includes as an exhibit of the written motion. It is to your benefit to have an Attorney in Puerto Rico prepare the motion. The cost is including a Court hearing $ 750.00. If there is no Court hearing then the cost is $ 350.00.

Take Cate of this situatión promptly since waiting too long may result un an arrest warrent being issued and that would be registered in the NCIC system thus creating the possibility of being arrested or detained any where in the United States.

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

Happy Holidays...

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

A: Greetings

Your husband will have to have proof of every payment sent to the mother of the dependent directly to the ASUME agency with the proper motion that will explain and give the proper foundation needed for this agency to accredit the direct payment to the balance of the debt and therefore withdraw the warrant and issue the proper orders to the correspondent agencies . All of these has to be done by a legal representative and there may be a hearing to address the matter and hear the parties involved. For the moment he can travel, but you have to take care of this matter promptly so he doesn't risk being arrested if the agency pursues assistance of the state and other agencies to arrest his in order to get him to pay.

Try to contact the agency and gather the evidence and communications with the mother first. Feel free to contact our firm directly if you need any legal assistance, we will be glad to help

Happy holidays

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