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.
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,
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