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Puerto Rico Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: If I have a court ordered visitation with my son he lives in New York state and I'm in Puerto Rico can my ex deny me
James L. Arrasmith
PREMIUM
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answered on Apr 15, 2024

In general, if you have a court-ordered visitation schedule, your ex-partner is obligated to follow that order, even if you live in Puerto Rico and your son lives in New York. However, there are a few important considerations:

1. Jurisdiction: Ensure that the court order is valid and...
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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Do the parents have to legally help financially with my grandchildren if I have custody?

I have a 12 year old grandson for the past 7 years and a three year old since a month of birth,father is the only one contributing financially,moms both work and don't help with anything

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2024

Greetings:

Parents can financially support their children and provide for them and their wellbeing.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Pension alimentaria a joven de 18 que no estudia.

Bajo las leyes de Puerto Rico, un joven de 18 años, graduado hace un año (2022) de esc superior, no continuó estudios universitarios, no trabaja, tiene derecho a recibir pensión alimentaria hasta los 21 años?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 27, 2023

En Puerto Rico, todo joven menor de 21 años se considera menor de edad; y, por lo tanto, acreedor a pensión alimentaria. Si la pensión es a través de ASUME o fue establecida por orden del tribunal, aún si llega a los 21 años, la suspensión de la pensión no es automática; y requiere que... View More

1 Answer | Asked in Child Support, Civil Litigation and Family Law for Puerto Rico on
Q: Husband is double charged with 2 different child support agency’s. PR and Massachusetts

My husband has a son who is 20 years old. He resides in Massachusetts since the age of 5. The mother had an order of child support through assume but when she moved to Massachusetts, she opened on there. We paid child support to her trough Massachusetts and once the child turn 18 it stopped. But... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 6, 2023

If you live in North Carolina, I suggest that your husband retain the services of a Puerto Rico attorney. So long as ASUME is not informed that the 20 year-old's case was transferred to Massachusetts, they'll continue recognizing the amounts owed and surcharges will continue to... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Can my ex-spouse re-request child support in PR after my child turns 18 - IF our custody order was created in a US state

We had a child custody order, and I maintain jursidiction in my state. She moved to PR with child. Based on my state, child support will end at 18. After it's completed, can she in turn file for child support in PR upon my child turning 18 as a new child support case?

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on May 29, 2023

First off, she must reside in Puerto Rico with your child for a year, in order to demostrate residence. Once Puerto Rico is the state of residence, adulthood is achieved upon reaching 21. So long as you pay child support, you can present the case to the court or to ASUME (the Administration for... View More

1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Do I have to keep paying child support if my 18 yo son joins the Coast Guard or any military branch?

I live in Florida and my son lives with his mother in PR. His mom gave him 2 options... (1) go to College and study whatever you want or (2) Join the Coast Guard. I know my obligations if he decides to go to college, but if he joins any branch of the military at 18 years of age, I can't... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 16, 2023

Your message does not state whether child support was assigned by the Puerto Rico courts. In any event, even if and when your son reaches the legal age of 21, release from child support payments is not automatic: you would have to submit a Motion before the Court for relief from child support.... View More

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: How long after my 18 year old daughter starts working, can I stop child support?

She will be finished with her technical college of cosmetology by mid April. Once she starts working, I need to know when and how I go about stopping child support. ASUME has been no help at all. Thank you!

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 7, 2023

The Rule of Law in Puerto Rico states that a person comes of age at 21 years old. Until then, your daughter has a right to child support.

Nevertheless, a person of 18 years or more, can be emancipated if she can support herself, has independent economic means and (1) both parents as well as...
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1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
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... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 28, 2022

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...
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Which order to follow & school expenses?

My husband’s original child support order only mentioned he is to pay the basic support amount and that he was to cover 50% of gastos escolares. His most recent modified order includes the basic support plus a supplementary monthly education expense (believes it’s for tutoring) and he is to... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jul 18, 2022

The answer to both of your questions is "Yes". Your child's father is responsible for paying half of any and all expenses associated to your child's education, including books, materials, clothing, and extracurricular activities.

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1 Answer | Asked in Child Support for Puerto Rico on
Q: How can I move a child support case from ASUME to ORS in the states?

Various times throughout the past 2 years I have tried to contact ASUME by phone and email to no avail. My child and his mother have moved to the same state I reside in and have now lived here for about 4-5 years, however the child support case is still with ASUME in PR where they were living... View More

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2022

Greetings:

The case belongs to the jurisdiction of Puerto Rico.

Since the case was filed there, the agency has the prerogative to keep jurisdiction and supervise it till its very end.

Legal age in the jurisdiction of Puerto Rico is reached when the dependent turns 21 years...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: Hi! Can I request copy of college enrollment to Asume? He's 19 & mother says he's in colllege but I'm not sure of it.

Also, is there a way to verify if he is working? I have no contact with him and it's the mother who says he is studying. I recently removed my daughter from child support & nobody ever told me about her grades or if she worked or not. I am paying with no info, I asked to review the support... View More

Jose M. Rivera Santos
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answered on Jan 18, 2022

Greetings

Yes you can get a copy thought the ASUME website, or request it so you can get it over mail.

Yes, you can request it by using one of the discovery methods in your case.

Th child support payment is established when evaluating several factors, needs of the...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Q: I live in the states but have a child support case in Puerto Rico. I can never get in contact with anyone.

My balance is outrageous and based off incorrect information. I never got to see the child. Just looking for information on how to go about this situation.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2022

Greetings

If your child support payment is based on false information you can always file for review and provide the proper information so the agency can correct the calculations.

1 Answer | Asked in Child Support for Puerto Rico on
Q: i just found out that i have a sibling after my father passed do we owe him child support in Puerto Rico?
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2021

Greetings

The truth is that you do not have to answer for the child support obligations that your late father had.

As a sibling, if he or she can file for siblig or parental support if he or she has one of the requirements that allow this to happen.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Hello! Is it possible for me ( daughter ) to refuse any past due child support from my parent now that I'm almost 30?

My Dad has a past due amount that he owns to us, we are older, we don't want that money and we would like to know if we can file a letter or something refusing all the right to any past due amount ... Thank You!

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2021

Greetings

Yes you can. You can contact the agency that has jurisdiction over the case and write a letter and they will follow up on it.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 31 yrs old and I still owe him back child support, do I still need to pay the back child support?

My son stopped going to school when he was 13 yrs old. When He was 16-19 yrs of age, he was living with me, but child support continued going.

Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2021

Greetings:

You can notify the court or the agency that has jurisdiction over the child support case so they can ankowlege that you were providing and caring for your son with the proper evidence. Your son has to come forward and certify that this indeed happened. You may have to request an...
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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: How can I obtain copies of my court order to pay child support in PR?

I need to confirm a stipulation in my court order which transfers the obligation depending on where my children reside. If I remember correctly, this stipulation was included when my court order was finalized to which my lawyer at the time asked to include because she knew I had every intent to... View More

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 29, 2020

Hello and thank you for using Justia. You can find your case file at the Court House where the original case was heard. You should call said Court and verify if your file is physically there or if it has been sent to Central Archíve.

If you need additional information please feel free to...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: I am 21 and still going to college but my parent stopped sending child support. Is this legal?
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2020

Greetings:

It will depend on many factors and whether you stopped studying temporarily. If you never left school and have both academic aptitude and attitude under the court standards test, then his ceasing of paying child support and exercising his responsibilities might be illegal....
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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: My daughter is going to college. Do I have to pay until she finishes college?

Does she have to show proof that she is going to college?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 13, 2020

Hello and thank you for using Justia. Yes on both questions. She does have to show evidence of college and good grades. Must graduate before age 25.

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

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1 Answer | Asked in Child Support for Puerto Rico on
Q: How long do I have to pay child support? My ex says that I have to pay until my daughter can take care of herself.

So if she never shows she can take care of herself I will be paying for the rest of my life?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 13, 2020

Hello and thank you for using Justia. The law States that it is until the age of 21. There are exceptions to this rule such as if Child continúes académic studies at age 21 upto age 25, Child becomes married or emancipated legally before age 21 or health issues that render her incapable.... View More

1 Answer | Asked in Child Support for Puerto Rico on
Q: In PR, the child was in jail for drugs/sales, etc. at age 17. Will this remove the child support order?

The young man spent a couple of years in jail. What happens in this case? Remove the CS?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 7, 2020

Hello and thank you for using Justia. No it would not eliminate the Child Support Order.

You would need to petitión the Court informing them of the current situatión of incarceration of the minor and request adjustments to the Child Support Order as seen fit.

If you need...
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