Colorado Springs, CO asked in Child Custody for Puerto Rico

Q: My child will be 21, FT student in Univ .Does he have to fill his own claim to keep receiving child support when 21?

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
Answered
  • Divorce Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: I'm not clear on what "FT" means. Nevertheless, once your child becomes of legal age at 21, he or she must assume responsibility for requiring what is no longer "child support", but rather support between relatives ("alimentos entre parientes"). Puerto Rico jurisprudence states that your child may receive financial support from both parents until the age of 25, so long as child is enrolled full time in university studies; and so long as the needs of other minor children are first met, pursuant to the parents' financial capacities.

Furthermore, if the non-custodial parent paying child support up until the moment the child becomes of legal age is paying said support through the Puerto Rico courts or thorugh ASUME (Administración para el Sustento de Menores), he or she may file a Motion to Request reduction or elimination of his or her duty to provide for child support. At that point, your child would need to personally appear before the courts to present his or her case for requiring continued support throughout his or her university studies.

Jose M. Rivera Santos agrees with this answer

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