P.R. Laws tit. 8, § 521a
(a) The Administrator may collect, receive, endorse, deposit and distribute the amount of support payments to the obligee as set forth hereinunder:
(1) If the amount received for support payments cannot be remitted promptly to the obligee, the same shall remain under the custody of the aministrator in a special interest-bearing bank account. In those cases, the Administrator is hereby empowered to endorse and deposit in said account the bank checks, money orders and any other assets drawn in favor of the obligee or the Administrator. The Administrator may draw on said account to attend to the claims of the obligee to whom said payment corresponds. The disbursements against this account shall be made pursuant to the regulations adopted by the Administrator, with the approval of the Secretary, in coordination with the Secretary of the Treasury. The special bank account authorized by this section shall also be governed by the applicable federal provisions. The Administrator may receive, endorse, and deposit any asset in payment of support that is in his/her name, or in the name of any other official whom he delegates, or an employee of the Administration or when it is in the name of a person that cannot be identified or the address is unknown; or when the address of the drawer or the source of said assets is unknown; or for any other like cause.
The power granted to the Administrator to receive, endorse, and deposit bank checks, money orders and other assets issued as support payments is extended to any other assets of the same nature that he/she has in his/her custody on the effective date of this act, and those to be received in the future.
(2) In the case of the death of the obligee entitled to receive a sum for the stated reason, the Administrator is authorized to return the amount thereof to the obligor.
(3) When the persons entitled to payment are under age or disabled, it shall be given to the guardian or the person in charge of said minors or disabled persons if, after the corresponding investigation, it benefits the best interests of the minor.
(b) Once the support payment has been made in the manner provided by this chapter, the Administrator, his/her agents and employees are released from all future responsibility.
The amount of the support payment of an obligee who cannot be located shall be put into the special fund created in § 505 of this title, after five (5) years have elapsed without being claimed. The Administrator shall publish a notice in a newspaper of general circulation with the name of the obligee, his/her last known address, manner of claiming the amount of the support payment and any other information established through regulation.
After sixty (60) days of publishing the notice, if the amount of the support payment has not been claimed, it shall be put into the special fund.
(c) After two (2) days elapse, pursuant to the provisions in subsection (5)(b) of § 523 of this title, the interest earned on undistributed payment amounts shall be paid to the person entitled to such payment. The Administrator shall periodically transfer the interest earned on undistributed payment amounts in the special bank account authorized by this section to the Special Fund for Services and Representation of Child Support Cases created in § 505 of this title. These funds shall be destined solely and exclusively for the following purposes:
(1) To defray the expenses incurred by the Administrator to locate obligors or render services to obligees, and
(2) to strengthen and expedite the procedures authorized by this chapter.
(d)
(1) Any person who causes or induces another person into making a declaration or statement of fact with respect to a material fact with full knowledge that same is false, or who knowingly hides or induces another person to hide any material fact, and as a consequence of said act receives any support amount to which same is not entitled, pursuant to this chapter, such a person shall be bound to return said amount to the Administrator, to be returned to the obligor within five (5) years from the date on which the Administrator makes such a determination, or the amount shall be deducted from any current child support payment.
(2) No redetermination or decision shall be understood as an authorization to reimburse the amount of any support payment or the reduction of said amount from future payments, unless notice in writing of such determination is sent specifically stating that the person is bound to reimburse the amount of the payment due to concealment or giving false representation of a material fact, pursuant to the specifications in clause (1) of this subsection, as well as the nature of the concealment or false representation and the time at which the payments were made.
(3) In any case in which under this subsection a person is bound to reimburse the Administrator any amount to be returned to the obligor, such amount shall be collected without interest through civil action initiated in the name of the Administrator.
(4) If an obligee receives child support payments to which same is not entitled for any reason other than those specified in clause (1) of this subsection, such unduly collected payments shall be recovered, without interest, within five (5) years from the date in which such determination became final and binding through:
(A) The deduction of current future payments from the obligor starting from the date of the determination of overpayment. Provided, That said deduction shall not exceed 10% of the current payment to which same is entitled, or
(B) the establishment of a fair and reasonable payment plan subject to the conditions prescribed to such effects by the Administrator by means of regulation or administrative order.
No redetermination or decision shall be understood as an authorization for the deduction of the current payment amounts, unless a written notice is issued, notifying said determination and stating that the person is bound to reimburse the payment amount. The written notification shall indicate the source of the overpayment, the overpaid amount, the dates to which same correspond and the right of the person to request the revision of same, as set forth by means of regulation.
History —Dec. 30, 1986, No. 5, p. 887, added as art. VI, § 22A on Aug. 17, 1994, No. 86, § 30; Dec. 18, 1997, No. 169, § 17; Aug. 1, 2003, No. 178, § 25.