The Puerto Rico Child Support Administration (ASUME) reiterated its opposition to House Bill 1412, legislation introduced in late August by Rep. Ensol Rodríguez Torres that would change how overtime income is calculated in child support determinations. The bill would establish 13 consecutive months as the minimum period for overtime earnings to be classified as recurring income for child support purposes, and would create new rules governing retroactive payments, pending overtime compensation, justified interruptions and emergency situations.
Organizations representing noncustodial parents have voiced support for the measure. However, ASUME told the House Committee on Social Welfare that existing law already provides "sufficient and reasonable" mechanisms to evaluate variable income and determine whether it should be excluded from child support calculations. ASUME Deputy Administrator Paola Martínez said financial capacity should be assessed based on the full body of evidence and each case's specific circumstances rather than a uniform time period that may not reflect a person's actual income pattern.
Martínez acknowledged the bill redefines "recurrence" differently from prior proposals but argued it would still impose a rigid, standardized approach that fails to replace individualized assessment of a noncustodial parent's finances and the child's needs.