Carteret, NJ asked in Family Law for Puerto Rico

Q: Do I need to follow ASUME rules or signed court agreement?

We have never gone thru ASUME, but my Ex continues to tell me that I am obligated to cover all of the cost that I would have to as if we did go thru ASUME. She lived in PR with my daughters, and I live in NJ. I pay my monthly amount and then some when I can. My oldest daughter is 17 turning 18 in October, got out of school a year early (never graduated) now taking esthetician cosmetology classes and I contributed to that as well. Do I need to continue the ASUME rules or am I only obligated to follow the signed court order? This is an ongoing argument every summer since our divorce in 2015.

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

A: The court order trumps ASUME. The Administration for the Sustenance of Minors (ASUME) is the Puerto Rico government agency by which Puerto Rico enacts the Uniform Interstate Family Support Act of February 9, 1993. There may be a benefit to paying through ASUME, in that they can certify that you've kept up to date with your child support payments, in the event that your daughters' mother decides to file a lawsuit before the courts alleging that you're behind payments. However, she can return to the court and request that ASUME open a case to receive child support payments through the agency.

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