Puerto Rico Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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FAQ
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.
