Child Support in PR - Ex lives in PR I live US

[Jessica39]

Hi, I sure hope someone will read my message. I am a single mother raising 2 boys. I was married in PR and we moved to the states and adopted 2 precious boys they are now 5 and 8. I am know divorced and my ex decided to move back to PR, he has it made, he lives rent free with his mom, just completed his associate degree, and hasn't called nor paid child support for his kids going a year.

My question I know his SS#, DOB, Address, I am also from Puerto Rico (I speak fluent spanish) can Asume help me? I called Social Services in the state where I live here in North Carolina but I'm wondering what percentage will be deducted from his payroll for child support, will it be NC child support percentage or PR child support percentage. Social services (in NC) informed me if I find out where he's working they can start the process, but I haven't been able to find that out.

Your reply is greatly appreciated.

Que Dios los bendiga a todos - Many blessings to all!

Jessica

[FULANODETAL]

Jessica- is there an existing Child Support Order.

If your ex will not [simply] tell you where he is working or you cannot find out from his family or friends; you may have to file a Child Support action against him and ask the Judge to subpoena him to the hearing. If this happens and he fails to show for the hearing, the judge can issue a warrant for his arrest. This warrant may not be executed but may be helpful.

If you really want to pursue this, you may want to go to http://www.knowx.com. You will have to pay, but you may find a job listing by doing a background check on him.

Generally courts throughout the US have a formula to figure out how much Child Support payments will be. They will usually ask the litigants to fill out a Financial Statement and submit this with proof of incomes. Both parties, in theory, are required to pay child support, the actual amount will usually be based on a percentage of the income of BOTH parties. IE.. he makes $2000 net a month, you make $1500 net a month, the amounts are added and he will usually pay the percentage of the total income he contributes. There is also the question of CHILD CARE which is often a separate issue, plus HEALTH INSURANCE, plus LIFE INSURANCE- which protects the party with custody in case the non-custodial parent dies.

For North Carolina Court Info and to contact someone for your local court; go to http://www.nccourts.org.

My guess is that you could file in either Puerto Rico or North Carolina; of course once a child support order is filed, the North Carolina Child Support Unit will have to work with the Puerto Rico Child Support Unit to coordinate and effect any garnishment of wages, etc... It may be easier for you to go to Puerto Rico and file a Child Support Action. Go to http://www.tribunalpr.org to get more info on Child Support actions in Puerto Rico.

Warning to you; this is a very arduous and frustrating process that can be spend your emotional energy. Unfortunately, you must decide that you want to endure a lot of stress once you get involved in this process. If your ex is a totally legit worker who is otherwise responsible it should work out. If he is irresponsible and works under the table get ready for a battle.

Good luck to you; if I can be of help - post again.

[Jessica39]

Hi Fulanodetal

Thanks for your reply I was pleaseantly surprised. The info. you provided was helpful....however I must say to you that I am a little alarmed. Are you telling me that the court needs proof of my income... what happens if I'm making much more $ than my ex does that mean he will pay less child support. Also I do NOT have a court order. I was trusting my ex, I tried to work with him without getting involved with all the legal stuff. We are legally divorced and I told him how much I wanted him to pay per mo. for child support....Stupid me! I should have known I regret not having a child support court order.

He only paid child support for the first 5 months (which he alway paid late), I feel I dont have any other choice but to get a court order, hopefully that will be the only way my children what they are entitled to get.

By the way I am wondering I am currently engaged I am planning to remarry July of this year. This may be a silly question but if I do submit proof of my income and expenses to the court (after I am re-married) will they ask my soon to be husband for his income verification. I SURE HOPE NOT.

Fulanodetal your reply is appreciated.

[FULANODETAL]

I am not sure about your situation but the court may very well ask you to substantiate your income if their formula is based on both incomes. In New Jersey, where I live, both incomes must be confirmed and are figured into the formula. If you make more than he does, depending on the circumstances, you may wind up, in theory, paying a greater percentage of the child support. However, most states have a minimum amount of support that is required, in NJ it is something like $50 per week [AS A MINIMUM];

There are other considerations, for example, it could be the case, as it is in New Jersey, if your ex husband is a professional, and is purposely working at a lesser paying job so that he is not required to pay as much child support, [yes some people are spiteful and do this], he can be held at a higher financial standard. The court may be able to EXTRAPOLATE or estimate the income he could make and decide the child support payments based on the EXTRAPOLATED income as oppose to the actual income that he is reporting and documenting to the court.

Until some type of formal statement by the parties, the court will not know how much to order.

Obviously, if you could afford a lawyer when you go to court, this would be your best move.

You will probably best be served by filing for a Child Support hearing where your divorce was filed since you have a legal history in that jurisdiction.

The other part, which is not a silly question, is that your future husbands income may not be considered for determination of child support. However, if you and your new husband have children, the court may also be required to consider his income as well once that child is born. I could tell you that this is the law in New Jersey. However, I suspect their is even an exception to this rule. Supposed you were married to a multi-millionaire and had no children, [I guess you are not, if you are -watch out], in this case, your exhusband could move the court to rule outside the guidelines based on your marriage to a multi-millionaire.

If your ex is smart he will immediately try to resolve the child support issue with you. Going through the child support process can be an ugly mess that lasts for years.

The system can work but it is always stressful when you are trying to iron out the many issue that could arise.

Another little tidbit; in NJ a non-custodial parent could be court ordered to pay for a college education, beyond age of 21.

Suerte