1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
21 years of age. A minor may be emancipated prior to reaching the age of majority by virtue of marriage, judicial decree (based on orphaned self-support status), or parental consent, if child is beyond 18 years old.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
21 years
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes, 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 supporthimself/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-D agency does not have jurisdiction on this matter and the service must be requested to the judicial court.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
Article 247 of the Civil Code, 31 L.P.R.A. sections 971; Emancipation by marriage: Article 239 of the Civil Code, 31L.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 theCivil Code, 31 L.P.R.A. 912 and 951.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
No |
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
No |
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
No |
1. What guideline type or method does your state use to calculate child support (for example, Income Shares 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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2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
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3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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8. 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? |
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9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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14. Does your state child support agency have a debt compromise program? |
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15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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16. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No
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2. How is genetic testing coordinated within your state when the other party is in another state? |
95% to 97.9% for a rebuttable presumption and a 98% plus for a conclusive presumption of paternityUrl
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
Article 113 of the Civil Code, 31 L.P.R.A. section 461
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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
Yes
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes
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6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
The State Bureau of Vital Statistics |
8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
The information must be requested directly to the Vital Statistics office.
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9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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. |
10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
No
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10.1 Describe any circumstances under which these fees may be waived? |
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11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
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12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
Both |
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
100% Administrative process for IV-D cases. 100% Judicial process for non IV-D cases.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
In non IV-D cases
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
Custodial and Non Custodial parent. New spouse's income is considered only if the NCP and new spouse married in a "community property" jurisdiction and did not sign acontrary pre-nuptial agreement.
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2.1. What documentation is required as proof/evidence of this information? |
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
No, the support order can be retroactive to the date the services were requested.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No, the person must complete a declare the circumstances in which has the physical custody of the child.
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5.1. What about when public assistance is not being expended? |
No, the person must complete a declare the circumstances in which has the physical custody of the child. |
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
Establishment
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7. 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 custodial parent obtain legal custody before child support is addressed? Please describe. |
No, there is no need to have legal custody of the child. The parent must complete a declare the circumstances in which has the physical custody of the child.
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1. What are specific sources of income 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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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes.
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA? |
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3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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5. What are your state’s sanctions for employers for not implementing income withholding? |
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6. What are the penalties to an employer for failure to remit payments withheld? |
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7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents. |
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7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents. |
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8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
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9. How does a noncustodial parent contest an income withholding in your state? |
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10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
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7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
Yes |
10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
Yes |
11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
Yes |
14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Both |
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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16. Is the financial institution attachment process in your state centralized and/or automated? |
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17. What are the criteria to attach an account in a financial institution in your state? |
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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20. Does your state's income withholding definition include amounts in financial institutions? |
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes, the child support agency must notify the obligor in all IV-D cases.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment? |
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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36. What are the criteria for initiating/filing a lien in your state? |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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40.1 If yes, is this enforcement judicial, administrative, or both? |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every three years.
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2. What is your state's modification procedure? Briefly describe. |
A request for review is filed with the IV-D agency by any party. 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.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
A substantial change in the obligor's income or the child needs.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes
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4.4. The cost of living has changed. |
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
4.6. There has been a substantial change in childcare expenses. |
Yes |
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
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9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
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1. Does your state require electronic payments? If yes, provide your state statutory citation. |
No |
2. What is your state's SDU bank name? |
The SDU bank is Banco Popular de Puerto Rico (BPPR).
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3. What is your state's SDU vendor name? |
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4. What is your state's web-based payment service for employers? |
Web-based payment service for employers (must register):
Website: https://www.asume.pr.gov/Pages/default.aspx |
5. What is your state's web-based payment service for noncustodial parents? |
Web-based payment service for noncustodial parents:
Website: https://www.asume.pr.gov/Pages/default.aspx
Credit card payments accepted from non-custodial parents. |
6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
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7. How does your state accept card payments? |
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8. Are there fees associated with the credit card payments? |
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9. Does your state have other payment options? |
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10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
7 business days after 1st payday |
11. When must an employer remit amounts withheld from an employee's pay? |
7 business days |
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Federal, state, city taxes, FICA |
13. What is your state's priority for withholdings? |
No information available at this time |
14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
federal CCPA income withholding limits of 50% - 65% |
15. What are the withholding limits for non-employees? |
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16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).) |
Prorate |
17. When does your state require employers to send notice of an employee's termination? |
30 days after termination |
18. How long should an employer retain the order after the employee's termination? |
Orders to be kept on file until 30 days after termination |
19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii)) |
Will be stated on order (up to $1 per payment) |
20. Provide your state's statutory citation. |
8 L.P.R.A. §523 |
21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
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. |
22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
Guidelines for Establishment and Modification of Child Support Art.4(15) |
23. Does your state have a threshold amount for a lump sum to be reported? |
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24. Does your state citation or rule provide how long the employer must hold the lump sum? |
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25. Is the Income Withholding Order (IWO) used for lump sums? |
No |
26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Under special/unusual circumstances, the wage withholding process may be used. |
27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
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28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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29. What is your state's Medical Support Statute? |
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30. What is your state's Reasonable Cost Definition? |
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31. What is the Health Coverage Expense? |
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32. What is the Income Withholding Limits for Support? |
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33. What is the Priority of Withholding? |
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34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
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35. According to 45 CFR §303.32(a), what are your state options? |
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36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
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37. What is the reporting timeframe (non-magnetic media only)? |
Within 20 days of hire (or rehire) date |
38. What are the required data elements? |
New Hire Information: Employee name (including mother's maiden name), Employee address, SSN, Date of hire, Date of birth, First day of work, Health insurance availability, Employer name, Employer address, FEIN, SEIN; |
39. What are the methods of transmission? |
Portal, Mail, Fax |
40. Does your state require independent contractor reporting? |
No |