Legal Question in Family Law in Puerto Rico

Re: Child Support

You need to read your Final Decree of Divorce.

If it is not clear in your document, then you need to talk to a Puerto Rican attorney about Puerto Rico law.

Re: Child Support

Family courts excercise perennial jurisdiction over issues concerning alimony payments and child support payments under divorce judgments. Particularly where children are minors ASUME then excercises a supplementary jurisdiction to aid the court in locating and recovering child support payment. The amount for such payments are established by guides based on salary. The debtor residing outside PUERTO RICO is summoned by edict and a copy of said summon and complaint or petition is sent by movant to the debtor's last known address. Once the amount is established or a contempr order is entered, it is then notified to the child support agency in the state in which you reside. They locate you through your social security number or any other means in which you could be located. The change is deemed notified once you are located and a copy of the resolution or judgment is sent by mail to that address or your last known address. If you incur in default of your child support payments then a contempt order is summarilly entered and you are detained, whichever state you are in, and brought to Puerto Rico to respond for the child support. If you are otherwise working, your local state child support agency will contact your employer and a salary retention order is then entered for the alimony and it is deposited with the agency, which in turn transfers them to ASUME, which in turn opens a bank account for the kid which the legal custodian administrates. Children are vested whith automatic alimony right until they are 21 years of age. (see second reply)

Re: Child Support (continuation)

(coninuation)

After that time many important changes ensue. First the Court loses all contempt power and cannot order incarceration for unpaid alimony. Secondly, alimony is not automatic, whereas with minors it is, so movant must show need, a rather minimal concept, to be paid alimony. Thirdly, since it is no longer a matter under divorce proceedings, the Family Court loses jurisdiction and you must be personnally served. Summons may only be served outside Puerto Rico using extreme jurisdictional care, however the court always has subject matter jurisdiction upon a request for alimony because it is a matter of civil status and the court retains that over all of those who attained, changed or caused a civil status in Puerto Rico. I know it is unconstitutional but the Puerto Rico Supreme Court has conveniently eluded the issue continually. Upon a showing of need a college student will be entitled to alimony payments, including complete tuition, books and living expenses, for as long as he keeps a satisfactory effort of pursuing a college degree. Alimony payments are nondischargeable debts and they can only be accumulated for five years prior to the first judicial request. After a judicial or ASUME judgment, order, resolution, decree or stipulation is entered they acumulate indefinitely. That can add up a pretty steep amount. That is as condensated an answer as I can give to your flurry of questions. However detailed questions must be addressed through adequate legal counsel.

Re: Child Support

I'd hire a Puerto Rican Attorney ... Julio sounds like he knows what's up ...