ASUME maintains opposition to changes in overtime income calculations for child support

By THE STAR STAFF

The Puerto Rico Child Support Administration (ASUME) is maintaining its opposition to proposed changes in how overtime income is calculated when determining child support payments, as lawmakers consider legislation that would establish new criteria for determining whether additional income is recurring.

The debate centered on House Bill 1412, introduced in late August by Rep. Ensol Rodríguez Torres. The measure would establish 13 consecutive months as the minimum period for overtime earnings to be classified as income for child support purposes. It would also create new provisions governing retroactive payments, pending overtime compensation, justified interruptions and emergency situations.

While organizations representing noncustodial parents expressed support for the legislation, ASUME told the House Committee on Social Welfare that current law already provides “sufficient and reasonable” mechanisms for addressing variable income, determining whether it is recurring and, when appropriate, excluding it from the calculation.

ASUME Deputy Administrator Paola Martínez emphasized that a person’s financial capacity should be determined based on the full body of evidence and the specific circumstances of each case, rather than relying primarily on a uniform time period that may not accurately reflect an individual’s actual income pattern.

Martínez acknowledged that the bill differs from previous legislative proposals by redefining the concept of “recurrence,” but argued that its practical effect would still create a rigid and standardized approach to child support determinations.

She said the proposed changes would not replace the need for an individualized assessment of the noncustodial parent’s financial circumstances and the child’s needs.

Martínez also pointed to ASUME’s existing guidelines, which provide for a 36-month, or three-year, period to establish a representative average of a noncustodial parent’s income. Under those guidelines, overtime earnings would not be included in the calculation when the parent demonstrates that the additional income is not expected to continue.

“If a party receives additional income from overtime during a certain period, those amounts should also benefit the child, just as they would if the child lived in the same household,” Martínez said.

Organizations advocating changes to the guidelines, however, supported the bill and told lawmakers about cases in which noncustodial parents were allegedly “penalized financially” through child support payments based on projected income from overtime or nonrecurring commissions.

Attorney Maritza Cardona, representing Impactando la Familia, urged lawmakers to consider the growing reliance on second jobs amid rising living costs. She also supported reducing the proposed consecutive period for counting overtime earnings to 12 calendar months.

Rodríguez Torres subsequently requested that the bill be amended to establish a 12-month period. Committee Chairman Rep. Ricardo “Chino” Ocasio Ramos said the committee is expected to issue a report on the legislation.

“All the testimony and all the specialists have a different definition, a different perspective and a different criterion. That means that in similar cases, the judge or decision-maker could reach different conclusions. It creates inequality in the state and in decision-making,” Rodríguez Torres said.

Raúl Cintrón, founder of Movimiento Justicia Familiar Puerto Rico and a member of the National Guard, also supported the measure. He described fluctuations in military income caused by training, emergency activations and changes in service status.

“A member of the National Guard or Reserve may return to a civilian job with considerably lower income, while the child support obligation does not necessarily change at the same pace,” Cintrón said. “During that gap, arrears, loans or even the need to take a second job may arise.”

The Puerto Rico Department of Justice submitted a legal memorandum recommending revisions to certain provisions of the bill but concluded that it found no constitutional impediment to its continued consideration.

Meanwhile, the Office of Court Administration (OAT) declined to take a position on public policy matters but agreed in written testimony that the existing legal framework addresses the calculation of child support payments.

Representatives Luis “Junior” Pérez Ortiz, Wanda del Valle Correa and Roberto López Román also participated in the public hearing.