Puerto Rico Questions & Answers by Practice Area


Puerto Rico Questions & Answers

Q: i live in the us and my son lives with his mom in PR am I responsible for both flights to see my son or is it half?

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on
Answered on Dec 12, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. If your son travels then both parents cover the costs half and half of his travel expenses. Since this is not the case, I am afraid that you will have to pay both flights unless you come to an accord with the child's mother. There is nothing in the laws that obligate the other party to contribute to the payment of your flights to visit your son in Puerto Rico.

Q: my father passed away 5 years ago. mom wants to sell the house but she has 9 kids. one son is dead and we can't find his

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Dec 8, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Yes your Mother needs to create your beloved Father's estate. Only your Father's children need to be mentioned in the petition to create the estate so only thier perspective birth certificates are needed. If the deceased son was from your Father then we would need his birth and death certificate. The grandson would then be the inheritor of his deceased Father's share in your Father's estate. If the grandson was born in Puerto Rico his birth certificate can...

Q: can I leave PR with my 2 children to the states My boyfriend won’t consent and he is holding me hostage, what can I do

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Dec 3, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using Justia. You were suppose to leave from Aguadilla airport yesterday (saturday) to your brothers house. Your sister in law is very worried. You can call me for help with your situation.

Q: Can someone who is 19 move away from there parents in PR? is the age 21? What if she moves to the states does it change?

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Answered on Dec 1, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Anybody under the age of 21 and a legal resident of Puerto Rico is a minor under law and therefore is under the guidance and regulations of the parents that have custody. A minor cannot move away without parental consent and the fact that she moves to a state does not change the fact of being a minor since she is a legal resident of Puerto Rico. For a change to occur one would have to become a legal resident of another jurisdiction. Usually residency laws...

Q: Is a property owner required to register the deed after an all cash purchase?

1 Answer | Asked in Real Estate Law for Puerto Rico on
Answered on Nov 27, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The only way to have protection of a clear and clean title to a property is by the Registry of Property. It is not common practice to not have your ownership registered. However there are certain areas in Puerto Rico where properties are not registered due to legal issues with the properties such as beach front properties, issues with inheritance laws, registry errors, tax evaision issues, registry of property administrative delays, etc.

Our best...

Q: on October 23rd at 2am I was hit on my drivers side by a Toyota highlander .I had the right away the light was green.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Puerto Rico on
Answered on Nov 26, 2018
Timur Akpinar's answer
Based on your facts, it appears that the other driver was at fault. You could consult with an attorney in Puerto Rico to discuss what your next step would be in light of the other side’s refusal to acknowledge the police report and testimony from two witnesses. Try to find out if there were any surveillance cameras in the vicinity that may have captured footage of the accident.

Tim Akpinar

Q: How much does it cost to file a small claims case in Boquerón, Puerto Rico?

1 Answer | Asked in Contracts for Puerto Rico on
Answered on Nov 15, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. The case needs to be filed in the district court due to the amount and matter being claimed. You would file a breach of contract case. The costs are $750.00 retainer and 20% of the amount recovered. The amount placed by the court as legal fees would be credited in your favor as part of the legal fees to be paid. If you need any additional information or assistance in this or any other legal matter please feel free to contact me directly.

Q: I’m 20 years old and I am receiving child support. I have no plans of going to college. I want to terminate my child

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Answered on Nov 13, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. No child support does not automatically end when you turn twenty one. The person paying the child support must file a motion in court requesting that the child support order be eliminated. Child support payments must continue until the court issues a ruling on the matter.

Q: on October 23 at 2.00am I was struck by a Toyota outlander on the drivers side.he he ran a read light is he libal

1 Answer | Asked in Car Accidents for Puerto Rico on
Answered on Nov 13, 2018
Naomi Jusino's answer
Dear Reader,

Yes, he is liable. You have one year after the accident to file your complaint in Puerto Rico.

Q: What would non-exempt property be in a chapter 7 bankruptcy?

1 Answer | Asked in Bankruptcy for Puerto Rico on
Answered on Nov 9, 2018
Stuart Nachbar's answer
As Puerto Rico is part of the third circuit, you would follow the federal exemptions listed in the bankruptcy code. https://www.law.cornell.edu/uscode/text/11/522

Q: If the custody to your child has beem taken away, does the non custody parent pays child suppor?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Nov 6, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. Yes the non-custodial parent has to pay child support if the custodial parent goes to court and request said support. The amount is based on a combined income of both parents and the childs needs. If you need additional information or assistance with this or any other legal matter please feel free to contact me directly.

Q: J&W Grading shiped my equipment to Puerto Rico thru trailer bridge barges never worked and can’t get equipment back

1 Answer | Asked in Contracts for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. You will need to file a judicial claim against all involved inorder to get youŕ equipment returned /or sent to its destination and claim your economical losses. This entails hiring an attorney to file claim. If you need additional information or assistance with this or anyother legal matter please feel free to contact me.

Q: If I am a renter in Puerto Rico and my landlord doesn’t help fix things in apartment how can I leave the contract?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The landlord is required by law to repair certain fixtures of said property. You can either use the rental payment to do the repairs or you can notify the landlord that you intend to move at the end of the next month if said needed repairs are not assumed by the landlord within a reasonable time period and as such this months rent shall be held and not paid as a garantee of repairs to be done and/or the down payment given at the start of the rental...

Q: Child support PR. Kid 19 move from PR to US to live alone and has a job. Child support stop?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Oct 22, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. The child support payment is for the expenses of the child. If the child is no longer with the mother then you must file a court motion stating that the child is no longer in Puerto Rico nor living with the mother and as such you request that child support payment order be eliminated. If you need any further information or assistance with this or anyother legal matter, please feel free to contact me.

Q: My mom is in the process of closing my deceased father's bank account in Puerto Rico. I have two sisters that

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Answered on Oct 18, 2018
Naomi Jusino's answer
Dear Reader:

You can sign a power of attorney, but to be valid in Puerto Rico, you will need to send the document in original with a certification of the County Clerk. Once they have the document in Puerto Rico, the will need to attend to a Notary Public so that they can validate it and can be used.

Q: How may I get information on a paternity court case in Ponce Puerto Rico that happened between 1984-1986.

1 Answer | Asked in Family Law for Puerto Rico on
Answered on Oct 17, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. You can use the following web link : http://www.ramajudicial.pr/consultas/casos.html

This will give you the court case number. Once you have the case number you will need to request the court file which will be in the archives of the court located in San Juan. This might take upto two months to locate the file. Once the file is located they will notify the files availability for review. You will review the file and then request a copy of...

Q: If a custody order has been determined by another state

1 Answer | Asked in Child Custody for Puerto Rico on
Answered on Oct 15, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good morning and thank you for using JUSTIA. A Puert Rico court cannot overturn a ruling made by a court from the other states . outside ofChild custody ruled by an out of jurisdiction court can not be overturned by a Puerto Rico court. The term "overturn" means to review the courts ruling and change said ruling due to an error or wrong ruling. It is an appeals process. Since the Puerto Rico courts only have jurisdiction in Puerto Rico, it cannot review a court ruling issued by a court from...

Q: Does Puerto Rico take into consideration children from a current marriage when calculating child support

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Sep 25, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon and thank you for using JUSTIA. Yes Puerto Rico does include all your biological or legally adopted children. Before you request any evaluation from the court please verify the manual used by the courts to assign child support payments. On page 16 of the "Reglamento Núm. 8529 de 30 de octubre de 2014, Administración para el Sustento de Menores, Departamento de la Familia, según enmendado por el Reglamento Núm. 8564 de 6 de marzo de 2015 11Administración para el Sustento de...

Q: I am trying to find out what a charge of AGGRAVATED ILLEGAL APPROPRIATION from 2007 in Puerto Rico means

1 Answer | Asked in Criminal Law for Puerto Rico on
Answered on Sep 20, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good afternoon. This simply means illegal appropiation of goods. The alledged crime commited was theft without any violence to the victim. If the amount stolen was under one thousand dollars then it is a misdermenor (article 192 of the penal code) punishable by up to three months in jail, probation, house arrest or community services in addition to restitution of value of stolen goods. If the amount is over one thousand dollars dollars then it is a third degree felony (article 194 of the penal...

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