Intergovernmental Reference Guide (IRG)
State International Tribe OCSE

State Child Support Website Link State Child Support Website

Puerto Rico

Intergovernmental Reference Guide (IRG)
    Program Category:  
Updated On: 03 Jun 2016
Certified On: 26 Nov 2019

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Ten (10) Regional offices and 78 Local Offices
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
A2.1. If yes, what is the statutory citation?
Title 8, section 506(g)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Act Number 180 of December 20, 1997, known as Uniform Interstate Family Support Act, 8 L.P.R.A. Sections 541 et. seq.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One (1)

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
None
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
21 years of age. A minor may be emancipated prior to reaching the age of majority by virtue of marriage, judicial decree (based on orphan or self-support status), or parental consent, if child is beyond 18 years old.
D2. What is the statutory citation for the age of majority?
Age of majority: Article 247 of the Civil Code, 31 L.P.R.A. sections 971; Emancipation by marriage: Article 239 of the Civil Code, 31 L.P.R.A. sections 931; Emancipation by parents: Article 233, 31 L.P.R.A. sections 911; Emancipation by court: Articles 234 and 242 of the Civil Code, 31 L.P.R.A. 912 and 951.
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
21
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
All matters related to emancipation are contained in articles 232 to 247 of the Civil Code, 31 L.P.R.A. sections 901 to 955.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Support beyond the age of majority could be ordered only by the court if the child is a full time student, maintains good academic progress and can demostrate economic needs to justify continuation of support. Also when child is handicapped and unable to support himself/herself. These petitions are based in Articles 143 and 146 of the Civil Code, 31 L.P.R.A. sections 562 and 566, which establishes reciprocal obligations between descendants and ascendants. The established support would be based on ten necessity of the child and the capacity of the obligor. The IV agency does not have jurisdiction on this matter.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
Five years subsequent to reaching the age of majority.
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E2. What is your State's statute of limitations for paternity establishment?
One year subsequent to putative father's death, but extended: (1) if father or mother died during minority of child, in which case child may bring his action before first 4 years of his having attained his majority shall have elapsed; (2) if after death of father or mother there shall appear a written statement or document, of which no notice was previously had, wherein child is expressly recognized, in this case action shall be established within next 6 months after document has been discovered and (3) upon voluntary acknowledgements by ascendants and collaterals of putative parent.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
A hybrid model between a Shared Income Model and a Percentage of Income Model. The formula includes a "basic percentage of income component" and a "supplementary shared income component" with respect to supplemental costs such as child care, educational expenses, excess medical costs and rent, and a child from divorced or separated parents should receive the same proportion of parental income that he/she would have received if parents lived together.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Child support payments shall begin to accrue legal interest for delinquency from the moment sentence is pronounced or, if from month to month, from the time the obligation became due or should have been met. The interest charged depends on the interest rate determined by the Financial Institutions Commissioner.
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Child support payments shall begin to accrue legal interest for delinquency from the moment sentence is pronounced or, if from month to month, from the time the obligation became due or should have been met. The interest charged depends on the interest rate determined by the Financial Institutions Commissioner.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Based on the capacity of the individual
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
N/A
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Act No. 180 of December 20, 1997, known as "Uniform Interstate Family Support Act", 8 L.P.R.A. (Laws of Puerto Rico Annotated) sections 542.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
IV-D agency will enforce spousal support or alimony order in conjunction with enforcing a child support order if CP and child(ren) live in the same household and spousal support order is contained in the child support order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
In some circumstances. Non resident spouse's income information would be required if non resident remarried in a "community property" state. Information on spouse's income would not be requested if couple signed a pre-nuptial agreement choosing a "separation of goods" regime. A certified copy of the pre nuptial agreement would be required.
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
It's paid by the agency. The Decision is reviewed annually.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
NO
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
NO
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
F15.1. If yes, list the eligible assignments your state would discontinue.
Pre 1997 arrears and Post 1997 Post Assistance arrears
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
If the order is only for the child that is receiving TANF, we will change the payee. If the order is for more than one child, we will establish a new order.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
If the order is only for the child that is receiving Medicaid, we will change the payee. If the order is for more than one child, we will establish a new order.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
If the order is only for that child, we will change the payee. If the order is for more than one child, we will establish a new order.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
It's paid by the agency. The decision is reviewed annually.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
There is no specific exclusion of any income in Commonwealth law, even though need-based payments may be excluded under federal law.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
No
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
No fee allowed at this time.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later that 7 business days after the first regular pay date following service of the income withholding order.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
No later than 7 business days after the regular pay date.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
The court or IV-D agency can independently initiate legal action.
G7. What is the penalty to an employer for failure to remit payments withheld?
The employer is liable to pay the amount not withheld, plus fines, costs and interest. Commonwealth law provides that any violation of the Child Support Act that neither does nor provide for a fine constitutes a misdemeanor and may subject offender to civil or criminal contempt charges. In addition, the Title VI-D Administrator or the administrative judge may impose a fine of up to $500, compensation, interest, fees, cost and honoraries for any violation of the Act or regulations promulgated hereunder.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.

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G8.2. What documents are required to intercept UI benefits?
N/A
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
The obligor adversely affected by the income withholding determination has 10 days to contest entering of order by the Administrator or the court.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
If there is more than one order notice to withhold income for child support against one employee and employer is unable to honor all orders due to Federal or State withholding limits, employer must honor all Orders to the greatest extent possible, prorating available amount across orders. Current child support deductions have priority over any other assignments. Employer may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. &1673(b)); or 2) the amounts allowed by the state of the employee's/obligor's principal place of employment.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Act Number 5 of December 30th, 1986, as amended, 8 L.P.R.A. sections 5012 et seq., known as Administration for Child Support Enforcement Act (ASUME); and Act Number 180 of December 20th, 1997, known as Uniform Interstate Family Support Act, 8 L.P.R.A. sections 523 and 544(a)(b)(c)(d)(e) and (f).
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No.
G13. When does your state require the employer to send notice of an employee's termination?
Yes. Within 30 days of the date of termination.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
There is no retention requirement.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Current Child Support has priority over medical support, thus is paid first.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Arrears owed to the CP are paid first.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95% to 97.9% for a rebuttable presumption and a 98% plus for a conclusive presumption of paternity
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
05/12/1942
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Pursuant to the revised edition of the Civil Code of the Commonwealth of Puerto Rico paternity acknowledgements are conclusive, subject to a 3 or 6 month rescission period (applicable to residents and non-residents respectively).
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Prove lack of physical access during the 120 days that preceded the date of birth of the child. Article 113 of the Civil Code, 31 L.P.R.A. section 461. Also thru physical incapacity or genetic test upon request.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.

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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
The State Bureau of Vital Statistics charges Internal Revenue stamps for requesting certificates of marriages, birth, voluntary paternity inscription and other related matters. The fee for birth certificates is $5, payable by money order or Internal Revenue stamps. For more, information, go to www.prfaa.com/eng/. The fees are waived if the request is made by the Administration for Child Support Enforcement (ASUME, the IV-D agency), the Puerto Rico Legal Services Corporation, on behalf of their clients, or any public and non profit organization and/or agency.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Act Number 180, of December 20, 1997, known as "Uniform Interstate Family Support Act", 8 L.P.R.A. (Law of Puerto Rico Annotated, section 542.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
From the obligor if he is found to be the father and from the obligee if the putative father is not found to be the biological father and if the court ordered the recovery.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
In such instance, one set of documents with a paternity affidavit for each child should be sent to the State.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
100% Administrative process for IV-D cases. 100% Judicial process for non IV-D cases.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The participant can choose any forum. Once the action is submitted in a forum, the other one has to inhibit of intervene. All intergovernmental cases has to be worked thru the administrative process.
I1.2. Under what circumstances would a judicial process would be used?
In non IV-D cases.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Act Number 5, of December 30th, 1986, as amended, 8 L.P.R.A. (Laws of Puerto Rico Annotated), sections 501 et seq., known as Administration for Child Support Enforcement Act (ASUME)
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
New spouse's income is considered only if the NCP and new spouse married in a "community property" jurisdiction and did not sign a contrary pre-nuptial agreement.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Some criteria used in such cases include an evaluation of the financial resources of both custodial and not custodial and the child, the physical and emotional health of the child and child's special needs, standard of living child would have enjoy if marriage or household had not been dissolved, extraordinary expenses incurred by the non custodial parent in exercising visitation, tax implications for both parents when practical and pertinent, and the criteria of just cause whenever the strict application of the guides would adversely affect a party and the child.
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I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
N/A
I4.2. What information or documentation does your State require to proceed?

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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
See answer to I1. All IV-D functions are performed administratively, with the exception of the contempt actions.
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I6. What is your state's statutory authority for the administrative process?
Act Number 5, of December 30th, 1986, as amended, 8 L.P.R.A. (Laws of Puerto Rico Annotated), sections 501 et seq., known as Administration for Child Support Enforcement Act (ASUME)
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Establishment.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
The new custodial parent must filled an application requesting establishment of an order.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Forward documents needed to be served to a public official.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
We receive and send documents electronically that does not contains confidential or sensitive information.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Supplementary expenses as: Child care for the time that the Custodial Parent is working or studying. Education as tuition, scholar materials, uniforms, etc. Rent / mortgage payments for the residence of the child/children. Medical expenses not covered by a health insurance. Extraordinary expenses are also included, which are those needed for the education, health or housing needs of the child and does not exceeds 36 months and are not recurrent. This can includes extraordinary medical expenses as surgeries, graduation related expenses, sporting expenses. It can be considered not only the expenses paid, but the ones needed and have not been paid.
I17. Please provide the relevant statutory or case law citation. **
Mandatory guidelines to determine child support in Puerto Rico, issued on October 30, 2014 and amended on March 6, 2015.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
N/A

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Both.
J2.1. What are the trigger criteria for filing a lien?
Child support payments in arrears for more than thirty (30) days.
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J2.2. Where are your state liens filed?
At the local Superior Court or at the Regional Office of the IV-D agency.
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
N/A
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Both
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When NCP arrears equals one month or more. This arrearage per se creates a lien on his/her real property, assets, active incomes, and movable property and immovable estate. The State can immediately initiate a freeze and seize action as an enforcement remedy to collect delinquent child support. This enforcement action does not require notification or prior hearing.
J4.2. Does your state's income withholding definition include amounts in financial institutions?

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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The IV-D agency provides notice.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Simultaneous to the completion of the "freeze" action, notice is sent to the obligor, who has 20 days to object- if no objection is filed, the "seize" action can be completed.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Arrears of more than 30 days.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
There is no minimum dollar amount - only threshold is arrears of more than 30 days.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
30 days.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No minimum amount in the account is required.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Obligors have 20 days from the date of the notice of the freeze and seize action to challenge the order.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
State law does not allow for a second contest to freeze and seize action.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
The grounds for an objection are limited to: proving that no overdue support exists; or that there is a mistake on the certified amount of overdue support; or that arrearage is already paid; or when money in account belongs to joint account holder who is not responsible for the debt.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative for IV-D cases. Review process is administrative and appeal is judicial.
J5.11. What are your state's penalties for incorrect seizures?
Non specific set penalties.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
No unique requirements. Non-debtor has same appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes. The order to freeze assets instructs the Financial Institution to freeze the assets up to the ordered amount for an obligor, until further notice of the court or the IV-D agency.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
30 days from the date of the seize notice if no appeal is filed.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Both.
J7. Describe any other administrative enforcement procedures your state may have.
Income withholding; license suspension; tax offsets; posting of bonds; and publication of delinquent obligors.
J8. Describe any other judicial enforcement procedures your state may have.
Civil or criminal contempt actions.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Rules of Civil Procedure.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
All administrative enforcements are available without registration.
J11. Describe your state's procedures for registering and enforcing another state's order.
Orders can be registered under UIFSA for either enforcement and/or modification.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.
N/A
For Additional Information - No Link Provided
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Section 524 provides full faith credit of other state liens as long as they are submitted on the National lien notice, but the execution order goes thought the administrative or judicial procedure and cannot be sent directly to the bank.
J15. To which credit bureaus does your state report an obligor's child support information?
J16. Is the method for credit bureau reporting judicial, administrative, or both?
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
FIDM, state income tax, lump sum
J19. What documentation does your state require to proceed with an AEI request?
Transmittal 1
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
1
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
The Administratives Orders must be requested directly to ASUME. The Court Orders can be requested directly to the Court (fees apply for individuals)or another Child Support Agency can request the certified copy thru the Central Registry.
J26. What is the procedure for obtaining a certified payment record?
It must be requested in writing to the Office handling the case
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years.
For Additional Information - exit disclaimer
K2. Briefly describe your state's modification procedure.
Reviews are automatically conducted in TANF cases effective 10/01/07, but must be requested in NON -TANF cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A request for review is filed with the IV-D agency by any party to the action. If the order was issued or last modified more than 3 years ago, the request will be granted, and the Child Support Guidelines will be applied using the parties' current financial information.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
Yes
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
K7.1. If yes, explain the circumstances?
K7.2. What is the statutory citation for your abatement law?
When child spends 20% or more of his/her time with NCP, the latest can request an abatement of his/her child support order. In such instances, the administrative judge, the Administrator or the court would evaluate the amount of time child spends with NCP and proceed with an adjustment of his/her child support order.
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Article 7(B) 1, 2 and 3 of the Guide to Establish and Modify Child Support Orders. Link to additional Information: http//www.asume.gobierno. pr
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K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Acknowledgments of paternity and birth certificates can be obtained from the Puerto Rico State Bureau of Vital Statistics. There is a fee and records are not open to public inspection and must therefore be requested by person of record, immediate family or legal guardian, or a court order. Additional information is available on the PRFAA.com website (PR Federal Affairs Administration) or by calling the State Bureau of Vital Statistics at (787) 767-9120.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Transmittal #1, a certified copy of the order, a completed Registration Statement and an affidavit or arrears for registration; for modification, in addition to above, Uniform Support Petition and General testimony reflecting a substantial change in circumstances.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration, The child marries, The child is adopted by someone other than the non-custodial parent, The child has been removed from the family and is a civil ward of the state, The child support order states that child support ceases prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
No, however, Guidelines for Establishment and Modification of Child Support and state law defines income to be considered in arriving at the obligation amount. As such, lump sum payments would be included. For example, lump sum payments associated with lottery winnings, workers compensation settlements, bonus payments, severance payments.
L1.2 Provide the statutory citation.
Guidelines for Establishment and Modification of Child Support Art.4(15)
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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
Attachment Order
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
Under special/unusual circumstances, the wage withholding process may be used.
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
There is no percentage limit.
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
L11.1 If so, specify the vendor.
L12. Does your state have a debit card program?
L12.1 If so, specify the vendor.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments are being sent by check.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
PR uses the SWIST process. The ADA # is 021502011 and the account # is BPPRPRSX

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
They must contact the liaison for the CSE Employer's Unit
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Once the arrears balance is greater that a month of the current obligation.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
M3.1. Provide the statutory citation.

For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
They can send an IWO directly to the DoL State worker's compensantion Unit or send the request the Central Registry using a Transmittal 1.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)

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