RULE 61 SUPPORT PENDENTE LITE SECTION 1.

Application: (a) at the commencement of the COMMENTS: proper action or proceeding, or (b) at any time prior to the judgment or final order SUPPORT PENDENTE LITE is an amount adjudicated by the trial court during the pendency of an action for support upon application by the plaintiff at the How: Verified application commencement of the proper action or at any time afterwards. Who: Any party Conditions: a. State the grounds for the claim, AND b. Financial conditions of the parties, AND c. Accompanied by affidavits, depositions or other authentic documents in support thereof JUSTIFICATION: Justice and Equity may require PROPER ACTION: Action for support; either spousal support or child support MAIN ACTION: Declaration of nullity of void marriage; OR Annulment of Voidable Marriage; OR Legal Separation; Criminal Cases AMOUNT is not final in character in the sense that it can be the subject of modification, depending on the changing conditions affecting the ability of the obligor to pay the amount fixed for support. SUPPORT PENDING APPEAL: at the discretion of the trial court; but NOT if appeal is already perfected APPELLATE COURT: may grant alimony pendente lite even if the trial court refused to grant the same COMMENTS: File COMMENT, and NOT an ANSWER

SECTION 2. Comment: shall have five (5) days to comment thereon, UNLESS a different period is fixed by the court upon motion of the ADVERSE PARTY How: Verified Accompanied by: affidavits, depositions or other authentic documents in support thereof SECTION 3. Hearing: a) after comment is filed b) after expiration of the period for its filing When: 3 days thereafter How facts in issue shall be proved: same manner as provided in evidence on motions

COMMENTS: Defendant must be allowed to prove his valid defense such as adultery. NOT NECESSARY to go into the merits, it being sufficient for the court to ascertain the KIND and AMOUNT OF EVIDENCE deemed sufficient to enable it to justly resolve the application one way or the other BUT if STATUS or JURIDICAL RELATION is alleged by the applicant as a ground for his right to support, EVIDENCE shall be CLEAR AND SATISFACTORY; if issued without the required proof, render the order as having been issued in excess of jurisdiction. VALID DEFENSES: a. Adultery (wife); (child fruit of adulterous relations) IF DENIED, remedy is certiorari Reason: Interlocutory order and not appealable NON-APPEALABILITY may be waived by failure to object HOW TO PROVE AMOUNT: affidavits or documentary evidence appearing in the record COMMENTS: FORM: Money or other forms of support in accordance with Article 194, FC FACTORS IN DETERMINING SUPPORT a. Spousal support 1. In the absence of adequate provisions in the written agreement between the spouses, spouses may be supported from the properties of the absolute community or conjugal partnership 2. Court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage 3. Court may likewise consider the following factors: Whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment Time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment, and that spouses future earning capacity Duration of marriage Comparative financial resources of the spouses, including their comparative earning abilities in the labor market Needs and obligations of each spouse Contribution of each spouse to the marriage, including services rendered in home-making, child care, education and career building of the other spouse Age and health of the spouses Physical and emotional conditions of the spouses Ability of the supporting spouse to give support, taking into account that spouses earning capacity, earned and unearned income, assets and standard of living, Any other factor the court may deem just and equitable Page 1

SECTION 4. Order. Court determine provisionally the pertinent facts, and render an order as justice and equity may require, having due regard to the probable outcome of the case, and other circumstances as may aid in the proper resolution of the question involved; if granted court shall fix the amount of money to be provisionally paid FACTORS TO CONSIDER: a. Necessities of the applicant b. Resources or means of the adverse party c. Terms of payment or mode for providing the support IF DENIED, principal case shall be tried and decided as early as possible.

Personal Notes Based on the Book of Herrera (oen_m19)

4. b.

Family Court may direct the deduction of the provisional support from the salary of the spouse

Child support 1. Common children of the spouses shall be supported from the properties of the absolute community or conjugal partnership 2. Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. 3. Following factors: Financial resources of the custodial and non-custodial parent and those of the child Physical and emotional health of the child and his or her special needs and aptitudes Standard of living the child has been accustomed to Non-monetary contributions that the parents will make toward the care and well-being of the child

Article 194, FC: Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. Education includes his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work. Article 201, FC: Amount in support shall be in proportion to the resources or means of the giver and to the necessities of the recipient. Article 202, FC: Support shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. SECTION 5. Enforcement of Order. Failure to comply with order, court SHALL motu proprio or upon motion, issue an order of execution against him, without prejudice to his liability for contempt; Any third person who furnished that support may after DUE NOTICE AND HEARING in same case, obtain a writ of execution to enforce his RIGHT OF REIMBURSEMENT SECTION 6. Support in Criminal Case. There can be an action to support if the civil aspect HAS NOT been waived, reserved or instituted prior to its filing; application filed SUCCESSIVELY by offended party, her parents, her grandparents or guardians, and the State SECTION 7. Restitution. If court finds that the person who rendered support is not liable; return the amounts already paid with legal interest from date of actual payment, WITHOUT prejudice to the right of the recipient to obtain REIMBURSEMENT in a separate action from the person obliged to give the support; should recipient fail to reimburse said amounts, the person who provided through the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give support. COMMENTS: Self-explanatory

COMMENTS: Self-explanatory

COMMENTS: Self-explanatory

Personal Notes Based on the Book of Herrera (oen_m19)

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