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Puerto Rico Child Support Questions & Answers
1 Answer | Asked in Child Support for Puerto Rico on
Q: Does child support end if the child becomes pregnant herself? Shes not a child shes already 20
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 7, 2019

Hello and thank you for using JUSTIA. The child support Will continue until she turnos age 21 and you request from the Court or ASUME the elimination of the child support order.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support - Child got in trouble with the law (drugs related) Child was thrown in jail from age 17. This voids CS?

Child was selling drugs, etc. He was caught and prosecuted for different offenses. If in jail, how does this work with child support?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 29, 2019

Hello and thank you for using JUSTIA. The child is still a minor and has a legal right to receive child support Even if he is in jail. The differences now is that said child support payments will be maid to the party whom has his custody thus the Juveniles Corrections Department in the child's name... Read more »

2 Answers | Asked in Child Support and Education Law for Puerto Rico on
Q: What would be considered as education after high school so my father will still be obligated to pay alimony?

-Currently going to University of Puerto Rico but don't want to go

- I am forced to do so because if I'm not "studying" I won't be eligible to the alimony I receive currently

-What constitutes as " education" aside from going to college

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 24, 2019

Hello and thank you for using JUSTIA. In Puerto Rico there is no alimony, Just child support until the age of 21. Once the child tienes 21 the child support order will be eliminated if the non-custodial parent request elimination. After the age of 21until the age of 25, a child can request from... Read more »

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2 Answers | Asked in Child Support for Puerto Rico on
Q: Who has Jurisdiction of the child support case if the father of my son and my son lives in Philadelphia and I moved to

Puerto Rico, but the father was the one to submit the peticion requesting child support?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 12, 2019

Hello and thank you for using JUSTIA. The jurisdiction belongs to the Court that issued the child support order or has a pending case where the child is a resident. If an order to pay child support has been issued then that issuing Court will have continual and exclusive jurisdiction on said matter... Read more »

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1 Answer | Asked in Child Support for Puerto Rico on
Q: How can I stop paying child support when my son is in the airforce and his mom doesn't show evidence to asume???

She was given on appointment but didn't present,I try by sending pictures and permission sign by me for my son to enroll, but they said not enough evidence..

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 5, 2019

Hello and thank you for using JUSTIA. You will need to file a copy of your son's induction papers. These are the documents that are given to your son when he signs up for the military services and is deployed at boot camp.

2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: Is it legal for my daughter who is 18 to just move with her grandparents in Puerto Rico?

She was born in PR but has been living with her mother and brother in PA for the past six years. She was helped by her grandparents (mother's parents) without our knowledge or consent. What are our options if any? We do not agree with her moving to PR.

Jose Rivera
Jose Rivera answered on Aug 28, 2019

This is quite a complex situation. Depending on the state where she resides, when she turns 18, as an adult, she can make her own decisions and be held responsible for her own actions. But as soon as she resides in Puerto Rico, if there hasn't been and emancipation procedure or if she isn't... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he has... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 20, 2019

Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »

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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Child Support through ASUME in PR for 2 kids. the oldest recently came to live with me. How can I proceed about the CS?

I pay Child Support for 2 kids through ASUME in PR, but I'm located in TX. My kids have been living in CT for the last 5 years. My daughter is about to be eighteen, and came to live with me after her High School Graduation, but my son stayed with the Custodial Parent. How can I proceed to change or... Read more »

Jose Rivera
Jose Rivera answered on Jul 8, 2019

You and the family lawyer that you hire will have to file the correspondent ASUME claims and allegations in your original case in Puerto Rico.

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

Jose Rivera
Jose Rivera answered on Jul 8, 2019

If you were to close the child support case in the State that you're actually have your legal residence and move to Puerto Rico while your child is legally underage (under 21 years of age) in the jurisdiction of Puerto Rico, given other requirements, you should be able to hire legal representation... Read more »

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2 Answers | Asked in Child Custody, Child Support and International Law for Puerto Rico on
Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 4, 2019

Hello and thank you for using JUSTIA. No you cannot. Child support payments and visitation rights are two totally seperate issues and are not based one on the other.

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1 Answer | Asked in Child Support for Puerto Rico on
Q: My child is 18 and has received child support from Philadelphia since she was an infant ..but we have lived in PR for 18

years and in PR she is still a minor until 21.....can the child support case be tranfered from Philly to PR ?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 2, 2019

Hello and thank you for using JUSTIA. You will need to open a new case in Puerto Rico.

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Q: Why am I not allowed to explain why I can't pay child support to the judge if I don't have a lawyer present?

I live in Florida a received a summons for non payment of child support. I flew to Puerto Rico to attend court and they would not allow me to speak because I did not have a lawyer. I was immediately arrested, thrown in jail, and told I would stay there until all the child support had been paid.... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2019

Hello and thank you for using JUSTIA. Judges in Puerto Rico do not allow a party to speak in court hearing since you have a constitutional right to not incriminate yourself. Anything you say will be used against you. The law states that failing to comply with a child support court order is contempt... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: Is there anything I can do if the mother is asking for a raise for child support?

She has two other kids from different fathers that are not even enrolled in ASUME and do not give her any money.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 13, 2019

Hello and thank you for using JUSTIA. The only thing you can do and should do is hire an Attorney to defend your rights. The child support process is a very technical forum to handle on your own and can leave you in the dark. An Attorney will assure that a fair child support is set so that you can... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: As of today 2019, what is the age for child support to be terminated if case was filed in Puerto Rico?

Child had live in Ohio for the past 11 years and attends college, does it affects the process? Minor is 20 years old, with how much time of anticipation can the support termination request be submitted?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 30, 2019

Hello and thank you for using JUSTIA. The age is twenty-one. To file you must wait until the child turns twenty-one and then file on said date. However, you may want to contact an Attorney with this case since the child is not a minor in Ohio and is a legal resident of that state. This may have a... Read more »

1 Answer | Asked in Child Support and Social Security for Puerto Rico on
Q: Injustice. I live in Puerto Rico and my daughter also and my SS won't pay for her until she is 21.

Why does the SS administration not pay until she is 21 if the Puerto Rico law states that anyone under 21 is still considered a minor and that child support has to be paid until the age of 21 years old? I'm confused and feel it is not fair. Thanx.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 22, 2019

Hello and thank you for using JUSTIA. The Social Security program is a federal program and uses the age of 18 as the age of majority. In 48 States the age of majority is reached at age 18. This age of 18 is considered the age of majority due to the fact that this is the age that one can vote.... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: I live in Nevada and my kids with there mom in PR. How does Asume calculate payments?

Do they take into consideration my monthly cost of living? It’s way more expensive here then in PR. How would this get calculated? Thanks in advance.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 16, 2019

Hello and thank you for using JUSTIA. Yes your living expenses are taken into consideration although the only credits you will receive are for additional dependant children, taxes and any other benefits for the children in this case.

Child support is calculated by combining the income of...
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1 Answer | Asked in Child Support and Social Security for Puerto Rico on
Q: Will my Social Security benefits help me pay child support while my daughter attends college in Puerto Rico.

I will be retiring soon at the age of 62 and my daughter is 17 and will be attending college soon. I will only be getting $700 a month and I pay $150 a month for child support.

Do I have to pay child support thru ASUME while she is in college?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 16, 2019

Hello and thank you for using JUSTIA. Social security benefits for a dependant are only available up to the age of 18. After said age your daughter will not receive any benefit from your Social Security. You may want to check out the student grants and/or loans that are available for the student.

1 Answer | Asked in Child Support for Puerto Rico on
Q: My ex denied child support in front of a judge years ago and now wants to get child support what can happen?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 10, 2019

Hello and thank you for using JUSTIA. The Judge will give her child support retroactive from the day that she files the request. If she files today then the child support will be retroactive as of today. The law also allows her to use an Attorney at your cost. The best scenario is for you to talk... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: How does the Child support get calculated in this scenario.

My Ex lives in NY I'm in PR, I voluntary pass her $ for child support (we are not in ASUME) She got marry (no Prenup) i'm marry with prenup (Does his salary count on her behalf?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 3, 2019

Hello and thank you for using JUSTIA. In Puerto Rico as of February of 2019 the laws of prenup changed and thus it is not a bullet proof protection anymore thus this may or may not protect your spouse from having to jointly pay for your child support. It all depends on the child's needs. As for you... Read more »

1 Answer | Asked in Child Support for Puerto Rico on
Q: Does the father of baby have to pay support during pregnancy?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 29, 2019

Hello and thank you for using JUSTIA. The civil code doesnot provide for this. Thus There being no laws related to this matter, the father is not obligated to pay support unless he admites that the fetus is his in which case the Court can fix a support payment. You need to prove that the fetus is... Read more »

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