Puerto Rico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support A Puerto Rico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a legal process through which a parent can request a reduction in the amount of child support they are required to pay. This motion can be filed when there has been a significant change in circumstances that justifies a decrease in the support amount stated in the original divorce decree. There are several types of circumstances that may warrant a decrease in the child support amount, all of which can be addressed through different types of motions: 1. Change in Income: If the parent responsible for paying child support experiences a significant decrease in income, such as job loss, salary reduction, or economic hardship, they can file a motion to modify the divorce decree. This type of motion would be specifically referred to as a "Motion to Modify Child Support Due to Change in Income." 2. Change in Custody or Visitation: If there has been a change in the custody or visitation arrangement, where the noncustodial parent has gained more parenting time or responsibility, it may impact the support amount. In such cases, the noncustodial parent can file a "Motion to Modify Child Support Based on Change in Custody or Visitation." 3. Change in Medical Expenses: If there has been a substantial change in the child's medical needs or expenses, such as a decrease in healthcare insurance coverage or removal of certain treatment costs, the parent can file a "Motion to Modify Child Support Based on Change in Medical Expenses." 4. Change in Child's Needs: If there has been a significant change in the child's needs, such as decreased educational expenses, reduced extracurricular activities, or elimination of specific services, a parent can file a "Motion to Modify Child Support Due to Change in Child's Needs." 5. Change in Financial Responsibilities: If the custodial parent experiences a significant increase in income or financial resources, or if they remarry and obtain additional financial support, the noncustodial parent may be able to file a "Motion to Modify Child Support Based on Change in Financial Responsibilities." To file any of the aforementioned motions, the parent seeking a decrease in child support must submit a petition to the Puerto Rico family court explaining the reason for the modification and providing supporting evidence of the change in circumstances. It is advisable to seek the guidance of a family law attorney throughout this process to ensure all legal requirements are met and to increase the likelihood of a successful outcome. In conclusion, a Puerto Rico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is a mechanism through which a parent can request a reduction in child support. By filing the appropriate motion based on the circumstance that justifies the modification, parents can work towards a fair and reasonable support amount that reflects the current financial and familial situation.
Puerto Rico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How long do I have to pay child support? Under California law, you pay child support until the child turns 18, or 19 if the child is unmarried and still attending high school full time. Under special circumstances, the court may order child support to continue after the child is an adult.
To calculate it by long hand, take the Combined Parental Income (but only up to $141,000) and multiply it by the applicable Child Support Percentages (1 child in the care of the custodial parent: 17%, 2 children: 25%, 3 children: 29%, 4 children: 31%, 5 or more children: 35% or more).
In Puerto Rico, joint custody was established as public policy. Thus, courts must consider this type of arrangement as the first option in cases in which custody is in dispute. However, the most important factor for determining custody will always be the welfare of the underage or incapacitated child.
Please remember that all child support orders in Puerto Rico go into the child reaches 21 year of age. If the child goes to college, it could extend until the child reached the age of 27. There is only one solution: you and your spouse can get a divorce. After the divorce, you do a prenuptial agreement and remarried.
Child support in Puerto Rico is based on the parents need as well as the capacity of the parties to pay the support. The amount is awarded for the benefit of the children and is usually given to the parent that has physical custody.
Child support can be requested through the Court of First Instance or through the Child Support Administration (ASUME, by its Spanish acronym), an agency under the Executive Branch of the government of Puerto Rico. Both the judicial and the administrative forums have concurrent jurisdiction over these matters.
Laws tit. 31, § 385. If any of the spouses does not have sufficient means for subsistence once the divorce is decreed on any of the grounds established in § 321 of this title, the Court of First Instance may assign alimony, [at] its discretion, from the income, earnings, salary or property of the other spouse.
Does Having Additional Children Affect the Payor's Existing Obligation to Pay Child Support? The short answer is, ?No, it doesn't.? Under Florida law, neither remarriage nor having additional children terminates the payor's existing obligation to pay child support.