file:cvpro_part_2_if.htm
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1.1 Support pendente lite can be granted
by the court in two (2) instances:
(1) civil action for support; and
(2) criminal action where civil liability
includes support for the offspring as a consequence of the crime.
1.2 Where the right to support is put in issue by
the pleadings or the fact from which the right to support arises is in
controversy or has not been established, the court cannot grant support pendente
lite.386
1.3 The amount of support pendente lite 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.387
1.4 If an application for support pendente
lite is denied, the remedy is certiorari.
1.5 Mere affidavits or other documents appearing
in the record are sufficient basis for the court to determine amount of support
pendente lite.388
1.6 Support pendente lite are allowed in
criminal actions where the civil liability includes support for the offspring
as a consequence of the crime and the civil aspect thereof has not been waived,
reserved or instituted prior to its filing.389