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Puerto Rico Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Q: Who gets the money to provide for 18 and 19 year old?

My ex from PR send child support money for my kids to my mother, who has legal custody. My son lives in New Jersey is expected to live with me and my daughter lives with me

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

Hello and thank you for using JUSTIA. The child support payments are for the children thus said payments should be sent to the person whom has the physical custody of the children in other words where the children actually live. For this to happen, you will need to file a petition in the Court to... Read more »

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: People are living in our property in P.R. without permission.

It's been a little bit more than three years that we haven't gone back to Puerto Rico we live in the state of Florida basically all of our childhood we tried to go to PR every year but unfortunately we were not able to go after 3 years when we went back for vacation we noticed that there were... Read more »

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

Hello and thank you for using JUSTIA. The legal process needed is known as " Desahucio". It is a Court procedure by which the registered property title holder request from the Court the eviction of squaters from the property.

You Will need to file a petition in the Court for eviction of...
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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: How can I get information on a land or house in Puerto Rico left to me.

My Grandmother had a house and land in Puerto Rico. She left the papers to my mother, who she had adopted as an infant, My grandmother passed, My mother just passed and left the papers to me. Someone's living there since childhood who is not blood or legal family but family none the less however he... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 11, 2019

Hello and thank you for using JUSTIA. In order for you to do anything you need to be declared an inheritor of your Grandmother. You should start by verifying the adoption of your Mother to make sure it was done legally thus confirming that indeed you are an inheritor. This can be done by verifying... Read more »

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 Real Estate Law for Puerto Rico on
Q: Must a property, farm or land be electricity and water ready before sale by law?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 29, 2019

Hello and thank you for using JUSTIA. There is nothing in the law that requires a plot of land to be ready for said services. However, there are various laws that need to be complied with prior to the sale of a plot of land such as The Planificatión Board, ARPE, CRIM, Plot Plans, title,... Read more »

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 Estate Planning, Real Estate Law and Probate for Puerto Rico on
Q: Great-uncle wants to gift me his house in PR, can he gift now or do a testament naming me sole heir?

Great-uncle has property but no other assets. He’s single and no children. He was one of 11 children (6 full siblings and 5 half siblings). My great-uncle does not want any of his siblings nor their children to inherit his house or anything. I am his “tutor” aka guardian and the only one that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 26, 2019

Your great uncle "can" gift you the house now or he "can" gift you the house in his will. Whether he "should" do one or the other is an entirely different question. There are many issues for him to consider, especially with respect to lifetime gifts, including but not limited to loss of control... Read more »

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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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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My father resides in his house in PR. What are the steps to get the deed under one his children's names?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 19, 2019

Hello and thank you for using JUSTIA. First you need to evaluate if said property is his only asset. Your Father cannot liquidate his only asset since it will affect the inheritance of his other children. He needs to garantee atleast one-third of the total value of his assets for the inheritors .... Read more »

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My grandmother would like to transfer over her property over to me. How can we do this and also she has 4 children
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 19, 2019

Hello and thank you for using JUSTIA. First we need to evaluate if she has other assets that will garantee her children's inheritance in a value of one-third of her total assets including the property to be transfered to you. If she does then she can donante the property to you. If she does not... Read more »

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 Estate Planning and Real Estate Law for Puerto Rico on
Q: My grandfather passed nearly 6 years ago. My grandmother is still very much living and well. Together they have a house

A house in Pr. They have 3 daughters- should my grandmother decide to sell the home will she need to give the daughters a share or is that only if she has passed and then the children inherit the estate?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 10, 2019

Hello and thank you for using JUSTIA. The three daughters are the inheritors of your Grandfather's Estate which in turn is half owner of the house. In order for your Grándmother to sell the property, she will need to first create your Grandfather's Estate in Court, file the Estate taxes and... Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: If I been marry with my wife for 20 years and she abandoned me for over 17 years . Would she be entitled to my pension.

Or alimony. How does it work

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Sep 9, 2019

Hello and thank you for using JUSTIA and for the telephone call. As explained be phone, if you have made deposits or payments to your pensión plan during the three years that you lived with your wife then she will have a crédit of fifty percent of what you paíd into the plan. Since you seperated... Read more »

1 Answer | Asked in Medical Malpractice for Puerto Rico on
Q: How do I get a medical malpractice suit dismissed providing the party being sued does ask or sue for money
Tim Akpinar
Tim Akpinar answered on Sep 6, 2019

If you are represented by an attorney, you should advise your attorney of your wishes. They would handle paperwork through the court for discontinuance of the action. Good luck

Tim Akpinar

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 Family Law, Civil Rights and Constitutional Law for Puerto Rico on
Q: 20 yr old female living in Florida. I want to get married. But my father doesn’t approve. Can he force me go back to PR?

Thanks

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

Hello and thank you for using JUSTIA. In the state of Florida the legal age of majority is 18. Since you are a resident of over said age you are legally emancipated and thus are an adult byou can legally marry your boyfriend without your father's consent. You are of legal age.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: Uncle passed away and had no children. Only surviving relative is my mom. Is she the owner of his property now?

No known will is in place. And we don't know if annual taxes have been paid on property.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 31, 2019

If the property is located in PR and his parents are no longer alive, and he did not leave a will, then the heir will be your mom but the inheritance process will have to be done in order for her to formally become the owner. If the property was his principal residence and he had obtained full... Read more »

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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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1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: My holdings company in the US. Has slowly been purchasing property under different companies established in Wyoming.

If we rent out these properties, firstly do we actually have to setup to do business in PR? Secondly, since all the monies paid to each entity is actually passing on the fees to the holdings company for mgmt. Does it even have to be concerned with setting up in PR since it will not be paying taxes... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Aug 15, 2019

Hello and thank you for using JUSTIA. Yes you will need to set up an account to do business in Puerto Rico with the tax department. You will also need to file yearly tax returns and possible monthly IVU returns depending if you set up a non witholding corporation or not. Any income made in Puerto... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: my father has the beginning of dementia, his wife did a will on his behalf having him sign it making her the sole heir.

My father has 4 children, can we attest those documents. Can we hire a lawyer to get those document, the deed to the property/land and marriage certificate in order to mandate the correct heir to the house?

Nina Whitehurst
Nina Whitehurst answered on Aug 13, 2019

It sounds like you want to contest the will in advance, before your father passes. That is very uncommon, the reason being that technically a will is not effective until death and can be changed any time up until then as long as the testator has capacity.

What you CAN do is hire an...
Read more »

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