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Puerto Rico Child Support Questions & Answers
2 Answers | Asked in Child Support for Puerto Rico on
Q: what are the provisions re ending child support if 18yo child is involuntarily hospitalized for drug abuse in PR?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Feb 4, 2020

Hello and thank you for using Justia. The child support payment is for the child's benefit regardless where he/she may be. There is no provisión in law as to eliminating child support payment because said child is in rehabilitation. I donot think that a Court will eliminate the obligation to... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: My brother pays for child support In Puerto Rico his ex wife does not allow visitation to see his daughters .
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 29, 2020

Hello and thank you for using Justia. Your brother has to file a motion requesting visitation. This will have the Court regulate the visitation process and garantee his right to have visitation with his daughters. The Court will obligate the Mother to allow visitation and paternal relationships. It... Read more »

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2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: Child support warrant see more information

My husband is getting child support taken out from his Check every week he was not aware of the order from Puerto Rico as the child or month we are no longer in Puerto Rico and he has been paying support directly to her. Now she has not been getting the money taken out, from asume in Puerto Rico as... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 26, 2019

Hello and thank you for using Justia. If the warrent has been issued and registered in the Federal NCIC system your husband shouldn't attempt to travel until he clears up the situatión with ASUME.

The first thing your going to want to do is contact ASUME and verify what type of...
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1 Answer | Asked in Child Support for Puerto Rico on
Q: My son is 20 years old and joined the armed forces, do I continue paying child support in Puerto Rico?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 6, 2019

Hello and thank you for using JUSTIA. Unless he has been emancipated under law, he is still a minor thus child support payments will continue. You must request emancipation. Once your son is emancipated, you then have to file a Motion in Court for the elimination of the child support order.... Read more »

2 Answers | Asked in Child Support for Puerto Rico on
Q: i live in Puerto Rico and owe child support in michigan will michigan have me extradited from Puerto Rico ?

if it's a felony child support warrant

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Dec 2, 2019

Hello and thank you for using JUSTIA. A felony warrent can be executed in Puerto Rico if Michigan files a request thus in theory yes you can be extradited. Your best bet is to hire an Attorney in Michigan and have the case cleared up. You may be able to set up a payment plan and avoid extradiction.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: If my son was award custody to me in the States? Why did no one help me to get him?

I had my son and his lived in VA for over 9 month. He visit and his mother left to PR with him. VA had jurisdiction over my son when I file my paperwork. Court was a year late. I won custody of my in the states. I went to Puerto Rico to pick him up. And not one did anything to help me retrieve my... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Nov 6, 2019

Hello and thank you for using JUSTIA. The applicable law in this matter is the Uniforme Interstate Family Support Act (UIFSA) which basically establishes that the first state which issues a Judicial determination of custody shall retain the jurisdiction over said matter. Thus if Virginia had legal... Read more »

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2 Answers | Asked in Child Support for Puerto Rico on
Q: I live in florida and my daughter lives in puerto rico i had another baby that i am providing for can i lower my payme
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 28, 2019

Hello and thank you for using JUSTIA. This all depends on what your available income is after the other child support payments have been issued. You will need to show that you are required to pay child support in another jurisdiction.

If you need additional information feel free to contact...
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2 Answers | Asked in Child Support for Puerto Rico on
Q: Does my husband need to continue child support ? Puerto Rico

My husbands son is 23 . All of his friends graduated with a bachelors degree a year ago. His son is taking over 5 yrs for college because he has only been a part time student(he started college at 18yrs old) . He should be a full time student since he does not and has not ever had a job or any... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Oct 26, 2019

Hello and thank you for using JUSTIA. The case law on the matter of continúed child support after the age of majority (21) when said child is continuing his studies is found in Key Nieves vs Oyola Nieves 116 DPR 261. In said case the ruling contains the requisits needed to continue said child... Read more »

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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 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 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... Read more »

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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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 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 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 M. Rivera Santos
Jose M. Rivera Santos 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... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Puerto Rico on
Q: What rights do fathers have in custody cases?

A couple was married 2 years, and have 2 children. After multiple attempts at reconciliation due to her cheating, they separated. She took kids and moved to Puerto Rico from Florida without father's permission. Father moved for a 2 yr period to Puerto Rico to be close to kids. But now he... Read more »

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

Hello and thank you for using JUSTIA. That amount requested by your wife for child support sounds very extravagant. The child support laws are very clear cita. It tales both parties monthly income and then refers to a chart that sets a number for child support based on the percentage that each... Read more »

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1 Answer | Asked in Child Support and Family Law for Puerto Rico on
Q: Child Support through ASUME in PR for 2 kids. the oldest recently came to live with me. How can I proceed about the CS?

I pay Child Support for 2 kids through ASUME in PR, but I'm located in TX. My kids have been living in CT for the last 5 years. My daughter is about to be eighteen, and came to live with me after her High School Graduation, but my son stayed with the Custodial Parent. How can I proceed to... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 8, 2019

You and the family lawyer that you hire will have to file the correspondent ASUME claims and allegations in your original case in Puerto Rico.

2 Answers | Asked in Family Law and Child Support for Puerto Rico on
Q: We're curious if we are currently living in the states and my husband pays child support here, would he still be.. oblig

Obligated to continue paying if we ended up moving to Puerto Rico? Because the age limit is entirely different from there.

Jose M. Rivera Santos
Jose M. Rivera Santos answered on Jul 8, 2019

If you were to close the child support case in the State that you're actually have your legal residence and move to Puerto Rico while your child is legally underage (under 21 years of age) in the jurisdiction of Puerto Rico, given other requirements, you should be able to hire legal... Read more »

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2 Answers | Asked in Child Custody, Child Support and International Law for Puerto Rico on
Q: In puerto rico I'm backed up on child support . Can I be denied visitation of my child?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 4, 2019

Hello and thank you for using JUSTIA. No you cannot. Child support payments and visitation rights are two totally seperate issues and are not based one on the other.

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1 Answer | Asked in Child Support for Puerto Rico on
Q: My child is 18 and has received child support from Philadelphia since she was an infant ..but we have lived in PR for 18

years and in PR she is still a minor until 21.....can the child support case be tranfered from Philly to PR ?

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jul 2, 2019

Hello and thank you for using JUSTIA. You will need to open a new case in Puerto Rico.

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