Legal Question in Family Law in Puerto Rico
Child support if paying parent incapacitated
Who is responsible for child support payments for two teenage children if the father who pays them is unable to work? A man pays child support to his ex-wife by wage assignment. When he remarried, he and his second wife made a pre-marital agreement and set up and maintain separate savings and checking accounts. A few days ago, after more than five years of marriage, he sustained serious injuries in a motorcycle accident and will be unable to work for many months. When he has used up his sick leave, he will no longer receive an income. Is the second wife responsible for the child support payments?
1 Answer from Attorneys
Re: Child support if paying parent incapacitated
If the couple was married in Puerto Rico and did not enter into a marriage article, prenuptial agreement which in Puerto Rico must be in the form of a public deed, specifically excluding the second wife from payment of alimony to the children she will most likely be liable for the payment. However, her payment capacity must be included in the calculation of the alimony and from that point on will she only be liable. Also, since his capacity has decreased it is advisable that he also requests a decrease in the alimony payment for which he is liable.
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