Esta ley enmienda la Ley Orgánica de la Administración para el Sustento de Menores (ASUME) para permitir que las partes, de mutuo acuerdo, pacten el pago directo de la pensión alimentaria, estableciendo los requisitos y condiciones para ello, incluyendo la ratificación bajo juramento y la posibilidad de revertir al pago a través de ASUME en caso de incumplimiento.
(Approved August 17, 2002)
To amend Section 21 of Act No. 86 of August 17, 1994, as amended, known as the "Child Support Administration Organic Act", as amended, in order to add a last paragraph to provide that, notwithstanding the provisions of Section 21, both parties, the obligor and the obligee, by mutual agreement, may agree to the payment of child support by means of direct payment, and to establish the requirements thereto.
Act No. 86 of August 17, 1994, known as the "Child Support Administration Organic Act," establishes as a public policy of the Commonwealth of Puerto Rico, that the legally responsible parents or persons, contribute to the support and welfare of their children and dependants, through the strengthening of the systems and the expediting of the administrative and judicial procedures for the determination, collection and distribution of child support.
In addition, it is provided that the provisions of the Act shall be adopted liberally in favor of the best interests of the minor or obligee that needs the support.
The quoted Act creates the Child Support Administration (ASUME Spanish acronym) and empowers its Administrator, among other things, to "render the necessary services to demand, collect, distribute child support
payments pursuant to the regulations adopted", Section 7 (9) of the Child Support Act.
The truth is that, everyday the Courts are overwhelmed with claims and problems in the collection of the child support through ASUME. Nevertheless, we recognize the legitimacy and need of the problems such Court attends. It is also true that ASUME answers in great measure to the existing need to establish a system that guarantees the collection and distribution of child support payments. Definitely, the payment through ASUME, whether it is through a deposit by the obligor or through a garnishment order, has been useful to guarantee the collection of child support obligation of those obligors who are inconsistent with the payment of their obligation.
Nevertheless, in our society there exists another reality which cannot be obviated. There are persons responsible in the compliance of their support obligation, and also there are cases where an excellent communication exists between the parties. As a consequence of the aforesaid, there are many persons that, considering their specific situation, prefer the direct payment method of child support, but these persons face the denial of the Courts to accept the agreement, because the Child Support Act does not provide for it.
The processes to determine, fix, modify and collect child support entail serious problems between the parties owing to the nature of the procedure and the animosity that this issue generally generates between the parties, although, keeping in mind that the main purpose is the welfare of the children they have in common. In view of this situation, mechanisms shall be established to enable communication between the parties and the agreements that these parties, freely and voluntarily, enter into.
When there is an absence of adverse elements and there are good relations between the parties, the payment of the child support should be allowed through direct payment, as long as the parties have been advised by their respective legal advisors on the benefits of making the payment through ASUME. The parties shall ratify through oaths, their decision to use the direct payment method and about their obligation to keep evidence of the payments made. The parties shall also be warned that the payment of child support through direct payment shall be allowed if the obligor complies with it within the parameters established by law. In the event there is a non compliance with the child support or the payment of the same is in arrears, and the Court is able to prove the non compliance by the obligor, it shall proceed to render ineffective the direct payment of the child support and immediately order its payment through ASUME, be it through direct deposit or garnishment order.
At present, in various courtrooms the judges accept the direct payment of the child support. On the other hand some courtrooms do not accept it, because they deem that the Act does not provide for it. This situation requires taking measures geared to make this situation uniform. We understand that if both parties are willing to do so, and have made a wellinformed decision, and have ratified it under oath, they should be authorized to use the direct payment method from obligor to obligee without the intervention of an administrative process. The court, should consider positively the agreement, based on the record, the history of payment, that the obligor is a good provider and the existence of communication and good relations between the parties.
Section 1.- A third paragraph is hereby added to Section 21 of Act No. 86 of August 17, 1994, as amended, known as the "Child Support Administration Organic Act" to read as follows: "Section 21.- Place of Payment Any order providing for support shall indicate that the obligor shall pay the same to the Administrator or the Court at the place designated by the latter. The Secretary shall establish through regulations the manner in which the obligor shall make the child support payments in the designated places including, but not limited to, electronic transfers, and credit or debit cards. As of July 1, 1995, any order providing for child support payments shall indicate that the obligor shall pay the same to the Administrator at the place designated by the latter.
In order to comply with the purposes of this Act, regardless of the existence of a child support order that requires that the payment be deposited with the Clerk of the Court or that it be remitted to the obligee, the Administrator may order the obligor to remit the payment to the Administration at the place designated by the latter.
Notwithstanding the provisions stated hereinabove, the obligor and the parent guardian of the minor or beneficiary in whose favor the child support payment is made, by mutual consent, may agree to the support payment through direct payment. This shall be admissible if the parties demonstrate that they are making a free and voluntary decision after having been advised by their respective legal advisors on the benefits of the payment through the Administration. If any of the parties has no legal representation, the Administration or the Court shall make the corresponding warnings, after which the party shall ratify or not its decision. The Court and/or the Administration shall warn the parties about the term to make the payment of
the child support and to keep evidence of the payments made. The Court and/or the Administration shall consider the agreement positively based on the record, the history of payment, that the obligor is a good provider, and the existence of communication and a good relations between the parties.
In the event there is a non compliance with the child support or the payment of the same is in arrears, and the Court is able to prove the non compliance by the obligor, it shall proceed to render ineffective the direct payment of the child support and immediately order its payment through ASUME, be it through direct deposit or garnishment order."
Section 2.- This Act shall take effect ninety (90) days after its approval.
I hereby certify to the Secretary of State that the following Act No. 181 (S.B. 280) of the $3^{ ext {rd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 21 of Act No. 86 of August 17, 1994, as amended, known as the "Child Support Administration Organic Act", as amended, in order to add a last paragraph to provide that, notwithstanding the provisions of Section 21, both parties, the obligor and the obligee, by mutual agreement, may agree to the payment of child support by means of direct payment, and to establish the requirements thereto, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $2^{ ext {nd }}$ of April of 2004.
Elba Rosa Rodríguez-Fuentes Director