P.R. Laws tit. 8, § 514
(1)
(a) Upon filing a petition or brief in the court regarding the obligation of providing support, including those in which support is claimed for a spouse, ex spouse, or any other relative who has the custody of the minors and the defendant resides in the Commonwealth of Puerto Rico, the clerk of the court shall immediately proceed to docket the hearing before the examiner for a date within not less than fifteen (15) days nor more than twenty (20) days from the date the petition is filed and, notwithstanding what is established in the Rules of Civil Procedure, shall issue a document of personal notice and summons to a hearing requiring the defendant to show cause why a judgment, resolution or order should not be issued as requested in the petition or brief.
(b) The notice-summons, attached to a copy of the petition, shall be served or notified by the petitioner no later than five (5) days prior to the date of the hearing, sending it to the defendant’s address by certified mail with return receipt requested, if known, establishing this knowledge by means of a sworn statement to that effect at the time the petition is presented, or personally, following the procedure used to serve summons. In cases in which two (2) years or more have elapsed since the last support payment order with no judicial incident having arisen between the parties, the action shall be served following the procedure used in the personal service summons. When the obligor’s address is unknown or cannot be located, summons to the hearing shall be made through the publication of an edict in a newspaper of general daily circulation in Puerto Rico.
(c) When the defendant has been summoned at least five (5) days prior to the date of the hearing, as docketed by the clerk of the court, the examiner, as provided in § 516 of this title, shall immediately recommend provisional support payments at this time and shall docket the hearing of the case to be held within ten (10) days, unless one or both parties express his/her determination to the examiner to make use of the regular mechanisms for discovery of evidence pursuant to the Rules of Civil Procedure of Puerto Rico, in which case the hearing shall be docketed for the next available date pursuant to the provisions set forth in § 515 of this title. The judge shall adopt or modify the recommended provisional support payments and shall issue an order to that effect. The provisional support payments shall remain in effect until the court issues a new decision or resolution.
(2)
(a) When the petition for support is part of a divorce action or marriage annulment and the conditions regarding the obligee and the defendant’s residence set forth in subsection (1)(a) of this section are satisfied, the clerk of the court shall immediately proceed to docket the support hearing before the examiner and shall issue a notice-summons, pursuant to subsection (1)(a) of this section. To serve notice, the plaintiff shall abide by the provisions of subsection (1)(b) of this section.
(b) In said hearing, provisional support shall be recommended to the court, which, if adopted, shall remain in effect during the proceedings of the divorce or annulment case. However, said divorce or marriage annulment action shall follow the regular judicial course, including the service of notice on the defendant, as established in Rule 4 of the Rules of Civil Procedure. Nothing of what is established herein shall prevent the service of the summons and notice to be served together with a copy of the divorce or annulment action.
(3) Actions in which the determination of the paternity of the minor who requests support is in dispute shall be exempted from the application of the provisions of this section.
(4) To determine the time it takes to handle a case under this chapter, the term shall begin to be counted from:
(a) The date on which the notice-summons was served, if the personal serving of the summons followed the established procedure.
(b) The publication date of the edict, if the defendant were summoned for hearing following that procedure.
(c) The date the notice-summons was received as shown on the return receipt, if the defendant was notified by certified mail with return receipt requested.
History —Dec. 30, 1986, No. 5, p. 887, sec. V, art. 15; Aug. 1, 2003, No. 178, § 18.