El Paso, TX asked in Child Custody and Child Support for Puerto Rico

Q: How much longer do I have to pay child support in Puerto Rico if both boys are 20 and 18?

In Aguadilla, Puerto Rico, I have two boys who are 20 and 18 years old. Instead of using Assume, I have been paying child support through military allotment. My second oldest has been out of school for six months, and my eldest has been out for a year and a half. In Puerto Rico, their collegiate careers will begin in January. Do my child support obligations terminate when they reach 18, or is it 21, as I've been told? If so, should I cease paying child support when they reach the legal age, or do I need to submit an application to the court to discontinue doing so? Because their mother told them they haven't wanted to work yet. I need to cease paying lawfully because they aren't receiving anything from the enormous monthly sum I give them, and they do not call me or have not been with them for over two years because she does not follow the court order.

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

A: In Puerto Rico, a minor reaches legal age when he or she reaches 21 years old. Nevertheless, Rule of Law states that a dependant child may be entitled to receive child support through 25, if said child is studying undergraduate or even graduate studies.

That being said, cessation of payment is never automatic. However, if either or both of your sons are studying in college, they may be entitled to Chapter 35 educational benefits; which, if approved, would relieve your income of direct garnishment.

If the amounts you are now paying were assigned by the Puerto Rico courts, once each of your sons reaches the age of 21 (and not before), you should submit an Informational Motion to the Puerto Rico court, requesting relief from continuing payment of said child support. Once the court issues its Resolution, you can provide a copy to the Defense Department to cancle the garnishment,

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.