Servicios Legales de PR (SLPR) GivingTuesday 2021

We share yet another example on how our litigation provides access to justice to low-income individuals.

In 2018, Yamari requested a review of the existing child support order for her 16-year-old son, to ensure he received what was necessary for his wellbeing. However, the Child Support Administration (ASUME) took years to process her request, notifying the obligor in 2022. The obligor appeared with legal representation.

In October 2023, ASUME finally ordered an increase in child support retroactive to 2018, resulting in a debt of $21,987 with a payment plan of $112 per month. The non-custodial parent objected, citing the agency's unreasonable delay. ASUME held a videoconference hearing to see to the objection, where Yamari represented herself.

The administrative judge reduced the retroactive amount to $1,580.58, diverging from ASUME's organic law. Yamari then sought our legal representation. Attorney Ramirez Soto, from the Aguadilla Direct Service Center, filed a motion for reconsideration, requesting the reinstatement of the $21,987 amount. The motion was denied, leading to a petition for judicial review before the Court of Appeals.

The Court of Appeals determined ASUME erred in applying the law, revoked the administrative resolution, and reinstated the $21,987 retroactive amount. The court emphasized that the administrative forum focused mainly on the obligor's inconvenience due to ASUME's delay, rather than the minor's best interest. The court stated that the minor suffered the most damage due to the agency's inaction, being denied the increased child support for years. The court concluded emphasizing that, “in the context of a child support review, when choosing which of the affected parties to benefit from the agency's negligence, the legal system calls us to choose the minor."

As we thank you for your support, we vow to continue to help those in need of our services.