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Puerto Rico Child Support Questions & Answers

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 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 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...
Read more »

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 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 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 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 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 »

1 Answer | Asked in Child Support for Puerto Rico on

Q: The father ir my son lives in Orlando,FL and I have full custody of my son can I use Child Support?

He's very irresponsable and change from job job to job so Asume can't find him.What can I do?He owes a lot and he fills federal faxes using my son's soccial security number without my consent and even de pm that he doesn't send money to our kid.

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

Hello and thank you for using JUSTIA. You have the social security number of the father thus ASUME should be able to get you his Tax refund sent to you each year. You can also file a petition against the paternal Grand parents for payments of child support since the father is not paying. Another... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

Q: Why do you I have to pay so much Childsuport if my daughter does not live with her mother and has a baby

And lives with the man his 27 and she 16years old and they live by them Self and the mother is receiving the money

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

Hello and thank you for using JUSTIA. The question should be "Why is a 16 year old minor living with a male of 27 years of age when this constitutes sexual abuse of a minor, child abuse and possible statutory rape if sexual relations were done prior to her 16th birthday."

The child support...
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1 Answer | Asked in Family Law and Child Support for Puerto Rico on

Q: Where can I find proof that grandma received child support for son (1940's PR)? She said she never got it, but ex paid

I'm trying to fill in the blanks over here. After 20 years of searching, I finally found my father's half-sister. The story my grandmother told me was that she never got child support from the father of her child and he had friends in the court system so that she wouldn't get the money. My aunt... Read more »

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

Hello and thank you for using JUSTIA. I am afraid that the records you are searching for no longer exist. Our current system began in 1950 with the creation of the Commonwealth of Puerto Rico and the signing of our Constitution. The records that you are searching for are from a lower court known as... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

Q: when the impose the $$ of child support my ex didnt work and she started working a few months after, how i change it ?

I have 2 children, one is 21 attending college in PR and a 17 year that lives with me. When I got divorced the judge impose certain amount for child support for my older son and i dont received anything from her for my youngest son because she was not working when we got divorce and they imposed... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. You will need to file a petition to eliminate child support for the eldest since he is the one whom needs to claim for support from both parents. The mother has no right to claim on his behalf. The second thing you need to do is to file a petition for... Read more »

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on

Q: Hi there, my daughter lives in PR. Is there something I can pursue or file that could postpone her return for 6mos?

As in, I want to file where I live after making the case for residency for a fair review of custody (and avoid alienation). Also some explanation of the power of asume would be helpful too.

Nelson Jose Francisco Alvarez-Aponte answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. You can file for joint custody or full custody. Since your daughter lives in Puerto Rico you should verify if any custody ruling has been set in Puerto Rico. If not, then you can file in your home state. As for ASUME this is a child support agency that... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Puerto Rico on

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?

Nelson Jose Francisco Alvarez-Aponte answered on Dec 12, 2018

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... Read more »

1 Answer | Asked in Child Support and Family Law for Puerto Rico on

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

Support. Does it end automatically when I turn 21? What are the steps I need to take in order to terminate?

Nelson Jose Francisco Alvarez-Aponte answered on Nov 13, 2018

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... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

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

Nelson Jose Francisco Alvarez-Aponte answered on Nov 6, 2018

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... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

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

His mom can continue receive child support by his son without live with her? He move from PR to US to live alone and has a job. The minor is independence. What I need to do any motion?

Nelson Jose Francisco Alvarez-Aponte answered on Oct 22, 2018

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... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

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

Currently remarried wanting to adjust child support in Puerto Rico from previous marriage because now have another child to support

Nelson Jose Francisco Alvarez-Aponte answered on Sep 25, 2018

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... Read more »

1 Answer | Asked in Child Support for Puerto Rico on

Q: Hi. Im a disabled vet and my son gets benefits from chapter 35 DEA. Can those payments cover child support?

He gets 1,200 a month on that but the court is unsure wether they will apply it as child support

Nelson Jose Francisco Alvarez-Aponte answered on Sep 7, 2018

Good morning and thank you for using JUSTIA. The answer is yes it will be considered as child support since it is monies paid to him from your behalf. The payment that your son gets every month is a benefit due to your military service thus it is a benefit from your labor. Said payment is given to... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on

Q: Moving child support and visitations to Texas from Puerto Rico.

Moved 1 yr ago with 12 yo child (7th grade). Starting 8th grade, but after 1 mo vacation in Puerto Rico, child wants to stay in the Island. I discovered the child is being emotionally and psychologically abused by father and stepmother, and exposing child to sexual behavior. PR order states... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 16, 2018

Good afternoon and thank you for using JUSTIA. You must file a motion in court with the evidence and request a hearing on the matter. At the hearing you will need to show that visits with the father in Puerto Rico are emotionaly and psychologicaly damaging to the child and why.

1 Answer | Asked in Child Support for Puerto Rico on

Q: My son dropped out of school this year, he turns 18 in 2 months. Will I still have to pay support in Puerto Rico?

He turns 18 in Nov. and has decided not to continue education. He will begin to work on his own in a few weeks. What is the law for continuing child support payments even when the minor, soon to be an adult, dropped from school? He resides in Puerto Rico.

Nelson Jose Francisco Alvarez-Aponte answered on Jul 11, 2018

Good morning and thank you for using JUSTIA. Under local Puerto Rico Law a child is a minor until the age of 21. The law requires payment of child support until the age of 21 and until the court issues order to end payments even if he is no longer a student. Student status has nothing to do with... Read more »

1 Answer | Asked in Family Law and Child Support for Puerto Rico on

Q: I'm from Puerto Rico and I pay child support for my 22yr that finish 4yr of college, do I still pay if he keeps studying

from Puerto rico

Nelson Jose Francisco Alvarez-Aponte answered on Jun 14, 2018

Good evening and thank you for using JUSTIA. If there is a court order and you son will continue to study then yes until he is 25 years old. If he will not continue to study then you will need to file a motion to the court asking for termination order. You must continue to pay until court... Read more »

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