P.R. Laws tit. 33, § 4759
Any father or mother who, without legal excuse, fails to comply with the obligation imposed by the law or the court to provide child support for minors shall incur a misdemeanor.
(a) When paternity is not in dispute. — When the accused has accepted his paternity before the court prior to the trial, or when paternity is not in dispute, the trial shall be held and, if the accused party is found guilty of failure to comply with the obligation to pay child support, the court, through resolution, shall fix a reasonable amount for child support, admonishing the accused party that the failure to comply with said resolution without legal excuse may be punishable as civil contempt.
(b) When paternity is in dispute. — When the accused denies paternity, the court shall grant said party a term of not more than ten (10) days to answer the allegation and shall immediately hold a trial in which the rules of evidence in effect shall be followed. Within five days of having heard the evidence, the judge shall rule on the paternity and, if proven, shall draft a minute and order the corresponding resolution, and shall also fix the amount of child support to be provided for the child.
(c) Other procedural provision. — After the preliminary proceedings set forth in the subsections (a) and (b) of this section, the case shall continue to be heard based on the allegations of noncompliance with child support and the ruling shall be issued on this allegation. The court has discretion to suspend the effects of the sentence if it deems it necessary for the well-being of the minor. The accused may appeal an adverse ruling on the paternity and on the noncompliance with the obligation to pay child support in a single action. Hearings on these cases shall have preference in the calendars of courts of appeals.
The appeal of any sentence or order issued under this section shall not suspend the effects of the resolution that orders the payment of child support, and the accused has the obligation to deposit at the Office of the Clerk of the Court of First Instance the amount fixed for child support. At the request of an interested party, the court, after hearing the testimony of both parties, may authorize the Clerk to make available the fixed amounts to the obligee until the court decision is issued. In the case that the ruling is in favor of the accused, the obligee shall have the obligation of returning the sums consigned by the obligor. In the cases in which the court ruling confirms the sentence of the appealed court, but reduces the amount to be paid for child support, the difference between such amounts shall be credited to the obligor in the future payments to be deposited for the benefit of the obligee. If the obligor fails to comply with the established payments, hearing shall be held and if there is no justifiable reason for non-payment, the court shall dismiss the appeal.
When the sentence is final, the court shall issue an order accompanied by a certified copy of the writ of acceptance of paternity or of the determination of paternity issued by the judge, directed to the person in charge of the Vital Statistics Registry for said person to register the minor as child of the obligor with all other details required in the birth certificate for all purposes and effects.
In all actions pertaining to this section, including hearings for failure to comply with the order to pay child support, the public interest shall be represented by the Department of Justice.
History —June 18, 2004, No. 149, § 131, eff. May 1, 2005.