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Puerto Rico Questions & Answers
1 Answer | Asked in Family Law for Puerto Rico on
Q: Can a marriage be annulled after 2 years?

My mom got married at 72 and now is in a verbally abusive relationship. She is the income provider of the household and he wants access to her money. She no longer wants to be both him but she is afraid of the repercussions. She is a resident of Puerto Rico but the marriage took place in Maryland.... Read more »

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

Hello and thank you for using Justia. The annulment of a marriage can only be done in the jurisdicción where the marriage Rook place in other words you will need to verify under Maryland laws.

In Puerto Rico she can can get divorced under our laws. If you need additional information please...
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1 Answer | Asked in Uncategorized for Puerto Rico on
Q: Can i sue a news company for hacking and eavesdropping through my laptop and cellphone microphone?
Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

An attorney familiar with the applicable laws of Puerto Rico could advise best. But you await a response for four weeks. As a general matter, if a wiretap is conducted by authorities, there is ordinarily a need for a warrant based on probable cause. As an action not conducted by the state, it could... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: If I want to leave PR with my 16yr old daughter away from my husband. will that be considered kidnapping?

I want to leave with my daughter from my bad husband who hasn't been treating us good at all. Should I wait until she is 18 in 2 years or am I able to book a flight to New York and leave now. I just don't want to get into any trouble.

Jose Rivera
Jose Rivera answered on Jun 20, 2020

Greetings:

Leaving the jurisdiction with your kid without the other parents consent can open the possibility of him filing a complaint against you and a possible criminal process. Considering that you are married, are having incidents with you husband and have a minor, there are several...
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1 Answer | Asked in Collections and Contracts for Puerto Rico on
Q: Can a law suite and judgement in Puerto Rico for collection of rent for an abandoned apartment be extended to the States

I have a building in Puerto Rico where a tenant recently stopped paying rent and went back to the states. There are 6 months left on the lease and I am trying to decide whether it's worth pursuing in court.

If I am able to get a lawsuit judgment in PR courts can I then extend that... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 19, 2020

A judgment from Puerto Rico would be treated as a judgment from any of the 50 states. The judgment creditor would need to follow the procedure required under the laws of the state where property ( or assets such as bank accounts, etc.) has been found, so that the P.R. judgment can be executed in... Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: Family law

If I reside in Puerto Rico and my child is born there, Can I move to another state with my child freely if me and the father were never married?

Jose Rivera
Jose Rivera answered on Jun 15, 2020

Greetings:

It is highly recommendable for you to request a hearing that will hear your reasons to move from this jurisdiction to another and for the court to evaluate the best options for both parents and the kid in that given situation. Specially when visitation rights and parental rights...
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2 Answers | Asked in Family Law for Puerto Rico on
Q: Leaving Puerto Rico.

If I have a child in Georgia and then move to Puerto Rico to live with the father , am I able to move back to Georgia without any consent from father.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 14, 2020

Hello and thank you for using Justia. You would have to get Court Authorization if the Father does not consent. You need to show that the child's needs will be taken caré off in Georgia.

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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.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Puerto Rico on
Q: Mom passed in 2005, she owned lots of land and buildings. No Inheritance Tax Return was ever filed.

Is there a tax with interest and penalty due. Value of Estate is around $4m. There has been 3 bad lawyers involved and internal as well as external fighting that has now lasted 17yrs from DOD. I am very concerned about potential liabilities. All born in PR, 3 live in USA and 1 still lives in P.R..

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 8, 2020

Hello and thank you for using Justia. Very sorry to read that you have had horrible expirience with the prior three Attornys.

An Inheritance Tax Return must be filed as soon as possible. There will be a Tax liability on the value of the Estate plus penalties and ingrest fees. In addition...
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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...
Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: What lawyer will take my case being that its ASUME in Puerto Rico? I might have to go the island and try?

Asume in Puerto Rico is very difficult to make contact with.. Things such as kids mom getting married son dropping out daughter is now pregnant and graduating high school has never been reported by custodial parent. I have the documents to most of the things but still have not recieved a word... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 2, 2020

Hello and thank you for using Justia. You are dealing with an agency that is almost impossible to contact from a remote location. This is a must visit agency. Even then it is a daunting task even for Attorneys. This is a very téchnical agency with a vast collection of regulations and laws all of... Read more »

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1 Answer | Asked in Probate for Puerto Rico on
Q: How do i find out if my mother had a Will in Puerto Rico

My m9ther passed away in march and im in fl and can not travel (due to Covid)or get a hold of her attorney down there to see if she had a Will. She was with me in Fl when she got sick and passed. I cant get anyone to speak with us until i find this out.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 1, 2020

An attorney can place a search at the Registry of Wills of Puerto Rico to find out if your mother left a will on the island. It is highly recommended that it is done via an attorney since he/she will know how to go about through that process while making sure to include all the necessary requisites... Read more »

1 Answer | Asked in Probate for Puerto Rico on
Q: can i find out if my dad owned anything when he passed away?

My father lived in Puerto Rico along with my 3 siblings. I live in New York. He recently passed away and I went to Puerto Rico to see if he had a will I received a notice from the court that there was no will. I know the next step would be to go to court and establish that I am an heir however I... Read more »

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Jun 1, 2020

You can hire an attorney to do a real estate property search, via a title search study. As well, that same attorney could search within the local banks for any accounts left by your dad. In any case, you would have to do a Declaration of Heirs, via an attorney as well, so that the courts can... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: Can by balance of 35k be reduced or 0 out in Puerto Rico?

My son had dropped out of high school at 16 then decided to go to job corps. Graduated at 17 was working for some people on the island then move to FL. Just turning 18yo. Lived with me and i found him employment were i am currently. He was with me for about a year before he moved out and back with... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jun 1, 2020

Hello and thank you for using Justia. You can and must get the Child support order reviewed and ceased. You also need to request credit for payments made directly to the Child while he was in your physical custody (residing) and / or under your care. This is amatter that you problably would want to... Read more »

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2 Answers | Asked in Family Law and Child Custody for Puerto Rico on
Q: Is it possible to move to New York from Puerto Rico without the father's permission?

We are not married and he left us when she was 2 1/2 months to Texas then to Florida. He came back in November 2019. He now lives in PR but has rarely visited us. My daughter is now 1 year and a few months old. He has really made much efforts on helping us. My mother and grandmother has been... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2020

Hello and thank you for using Justia. You will need the Father's consent to travel with the child to New York. If the Father does not give consent then you will need to request Court Authority for travel and transfer of the Child to New York.

Your case presents a special complication....
Read more »

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1 Answer | Asked in Family Law for Puerto Rico on
Q: Why Asume in PR has never sent the child support money to the child's mother?

Asume in PR has been garnishing child support from paycheck, but the mother of the child has never received the money; it's been months. I received a letter from IRS that the stimulus check was sent to Asume, my current wife and little son ended up with nothing, still the mother of my other... Read more »

Jose Rivera
Jose Rivera answered on May 16, 2020

Greetings:

You with have to hire a legal representative and file a motion to request a court order for them to comply with their obligation.

If you have any other questions contact us directly and we will be glad to be at your service.

1 Answer | Asked in Child Support for Puerto Rico on
Q: Puerto Rico Child Support. What can I do if the federal government collected arrears past the Statute of Limitations dat

My son is 27 years old, more than 5 years past his age of majority, hence past the Statute of Limitations in Puerto Rico. But the federal government collected some past arrears from my tax refund. What can I do to get my money back and stop future garnishment?

Jose Rivera
Jose Rivera answered on May 16, 2020

Greetings:

If you have a child support outstanding debt they can collect through any means. Your best bet would be to establish a payment plan or pay in full the debt if you can. Through your legal representation.

If you have any other questions feel free to contact us directly and...
Read more »

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Puerto Rico on
Q: Whats the scoop on transferring auto loans in Puerto Rico, Affidavit vs no affadavit, How does it work on both sides?

I'd like to get a vehicle on the island and I understand the traditional methods of leasing and financing but i'm not familiar with the loan transfer process and can't find any relevant info via the web so far. I need a used vehicle but due to current circumstances, i'm unsure... Read more »

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

Hello and thank you for using Justia. You will not find any laws since it is ilegal to transfer an account without the lender's authorization. There are many instances that have occured where the vehicle is sold to a third party but the title and loan continue in the name that appears on the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Puerto Rico on
Q: With being far a way from my grandmother am I able to call the police to have people removed from her home

They are causing a lot of problems and neighbors are saying abuse is even happening in the house . Abuse to the elderly

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

Hello and thank you for using Justia.

You have been notified by a third party that your Grandmother is being subjected to Elderly Abuse. You must immediately call the Puerto Rico Abuse Hotline at (787) 725-9788 or (787) 721-8225 and report the abuse. In addition you can contact the...
Read more »

1 Answer | Asked in Family Law for Puerto Rico on
Q: Dad passed away in Puerto Rico. By law can I get some of his ashes? I am his adult daughter that lives in Florida.

My grandmother, his mom, passed away one month before him and the family would like to inter the ashes in the same mausoleum in Colombia. His common-law wife refuses to interact with his daughters. Legally can something be done to get some of his ashes?

Jose Rivera
Jose Rivera answered on May 11, 2020

Greetings;

Our condolences to you and your family. You have to know the whereabouts of your dad and know what happened afterwards. Then you will have to get a release form the agency and a court order to be able to request the procedure to be made in order to transport the ashes with you....
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