Puerto Rico Child Support Questions & Answers

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

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Mar 13, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 payment is for the child and not the mother thus you will need to open an account in your daughter's name, deposit the child support in said account and file a motion with the Court informing them of...

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

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Feb 3, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 the Superior Court.

As for the internet, There is a website that is a search engine for finding information about judicial cases. This can be found at the following link;...

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

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 child support against the mothe on behalf of your youngest son stating that mother has income and capacity to pay child support in the childs favor.

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

1 Answer | Asked in Child Custody and Child Support for Puerto Rico on
Answered on Jan 4, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
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 receives the child support payments. If they are involved in your case then a custody ruling has been set and the jurisdiction for any claim of custody or child support is in Puerto Rico. ASUME has...

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

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Sep 7, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 him because of you and as such is a payment given by you indirectly so it is child support.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Answered on Aug 16, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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.

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?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jul 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 the obligation to pay child support for minor children. Once your child turns 21 you must submit a motion to the court requesting order to halt child support payments.

However if he begins to...

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

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Jun 14, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
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 terminates the order.

Q: Would ASUME be paid by grandparents when the absent parent lives at home with their parents?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jun 11, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using Justia. Your children should be receiving benefits from the VA since the father is getting benefits. Grandparents are a secondary payee but only if the principle parent in unable to pay. You should contact the VA for payment of child support.

Q: My son is 25 years and he doesn't have a job but he needs to pay Child support. Am I responsible to pay childsupport?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Jan 22, 2018
Bari Weinberger's answer
Thank you for your question. No, you would not be responsible for pay your son’s child support obligation. I strongly suggest that your son contact a family law attorney that would be able to give him advice and devise a plan in order to request a reduction of child support.

Q: Where does child support goes to the state or the mom in puerto rico if I start paying childsupport & I'm behind 4000

1 Answer | Asked in Family Law and Child Support for Puerto Rico on
Answered on Dec 21, 2017
Naomi Jusino's answer
Hi,

All the money for alimony is deposited in a child support (ASUME) account in Puerto Rico and it goes directly to the mother or father with custody of the child.

Q: I been living in PR since Nov. w/my daughter. My ex lives in FL & is wanting to file divorce would he have to file here?

1 Answer | Asked in Child Custody, Child Support and Divorce for Puerto Rico on
Answered on Feb 28, 2017
Terrence H Thorgaard's answer
November was about three months ago. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in Florida, the courts of this state have jurisdiction to award custody, because the child has not been in Puerto Rico for at least six months. Puerto Rico has not adopted the UCCJEA.

So it's possible that the Florida court could order you to return the child to Florida.

I suggest that you find an attorney in PR who is also admitted to practice in Florida.

Q: Can someone that receives child support from Ohio but lives in Puerto Rico also receive public assistance?

1 Answer | Asked in Child Support and Public Benefits for Puerto Rico on
Answered on Aug 4, 2016
Peter N. Munsing's answer
Assuming PR public assistance knows and they meet the ADC guidelines, no reason why not--plenty of parents are in that situation.

Q: What are my option for requesting Back pay for child support?

1 Answer | Asked in Child Support for Puerto Rico on
Answered on Nov 29, 2012
Lcdo. IVAN M ALERS's answer
In Puerto Rico, the child support is due since it was requested at ASUME or in the court with jurisdiction. If a child support amount is due, and the child is still a minor, you must sue the debtor demanding the payment in the forum where the child support was established. However, in general, you will only have the right to request a back pay of the amount due for the previous five years since the child became an adult. If you never made a child support petition, you can't request a back...

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