P.R. Laws tit. 8, § 511

2019-02-20 00:00:00+00
§ 511. Expedited legal procedure—Petition

Judicial procedures under this chapter commence with the filing of a document which contains all the information available and true, sworn under oath or stated under admonishment of perjury, with respect to the petitioner, the obligor (or possible obligors) and the obligee, to wit:

(a) Name and residential and mailing address, including the telephone number or the number of the nearest telephone.

(b) Federal Social Security number.

(c) Whether he/she pays or receives support and the amount thereof.

(d) If there is an order for support and a copy thereof or a description of the case.

(e) If he/she pays or receives the benefits of a medical plan.

(f) With regard to the obligor and the petitioner, if employed, the name, address and telephone number of the employer (including the address of the main office or payroll section of his/her job) and the weekly or biweekly salary received; or if he/she has his/her own business, all the information to that respect.

(g) With regard to minors, the sex, date of birth, place of birth, age, occupation and, if disabled, the type and degree of disability.

The answer to the petition shall contain the same information stated above and in the same manner.

If the information is provided by counsel in representation of any of the parties, the same shall be understood to be a certification that the information is the truth to the best of his/her knowledge and belief and under his/her responsibility as an official of the court.

Once the resolution has been filed, it shall be the duty of the clerk of the court to immediately issue the corresponding summons or citation to the petitioner.

The obligee need not file a formal complaint against the obligor as a prior condition to filing the writ. The action shall not be dismissed for lack of mere formalities in the writ thus filed. For the effects of determining the time it will take to process a case under this chapter, however, it shall be understood that the action begins on the date the notice of the action was served, as provided in § 514(4) of this title. In any action in which a request for child support is made, collaterally or principally, the parties shall notify the Administrator for the purpose that he/she can participate as an indispensable party in those cases where there has been a cession of the right to support.

Nothing of what is established in this section shall affect the provisions of Act No. 71 of June 20, 1956, as amended.

History —Dec. 30, 1986, No. 5, p. 887, art. V, § 12; Aug. 17, 1994, No. 86, § 22; Aug. 12, 1995, No. 202, § 5; Aug. 1, 2003, No. 178, § 15.