2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 25 - Special Child Support Act (§§ 501 — 530) › § 512 - Expedited legal procedure—Examiners

(1) The Chief Justice of the Supreme Court shall provide, pursuant to subsection (3) of this section, for the appointment of a sufficient number of examiners to preside over the child support and filiation hearings in order to guarantee an expedited procedure in these cases. The examiners shall be attached to the Superior Part of the Court of First Instance.
As used in this section, an expedited procedure means a process that shortens the time to transact an order to fix or modify child support or to ensure the effective collection of child support payments so that ninety percent (90%) of the cases may be resolved within the term of three (3) months; ninety-eight percent (98%) within the term of six (6) months and the totality of the cases, or one hundred percent (100%) within the term of twelve (12) months. The terms set forth in this clause shall be counted from the date in which the notice of the petition was served, as established in § 514(4) of this title, until the date of its final resolution by the court.
The date of final resolution shall be deemed to be the date on which a child support order or an order to execute the payment of child support is entered in the record, or on which the petition for child support is dismissed on its merits or for lack of jurisdiction over the respondent or defendant, or the date on which the Examiner refers the case to the Judge of the Court of First Instance, Superior Part, for lack of authority of the Examiner to rule on the controversies as provided in subsection (2) of this section and subsections (2) and (3)(b) of § 517 of this title.
(2) Notwithstanding the provisions of the Rules of Civil Procedure regarding Commissioners, the examiner shall make findings of fact and conclusions of law and recommend remedies to a Judge of the Court of First Instance, Superior Part, in any proceeding regarding child support, as well as filiation in those support cases in which the paternity of the minor is in controversy, with the exceptions stated in this subsection.
The examiner shall be authorized to:
(a) Take oaths and direct and allow the parties to become involved in the discovery of information to expedite the procedure and resolution of the controversies, pursuant to § 515 of this title, and to receive testimony and any other evidence as well as to establish a case file.
(b) Accept the voluntary acknowledgement of paternity of the obligee or that executed under oath, as well as the voluntary acknowledgment of the obligation to provide support and the stipulations or agreements that establish the amount of child support to be paid.
(c) Hold a hearing should the defendant fail to appear after having been duly notified and recommend that a child support and/or filiation order be issued. In case paternity is contested, as pertinent, the examiner shall require, through an order under admonishment of being held in contempt, that the persons involved submit to the genetic tests. The report on the results of the test shall be immediately notified to all parties and to those from whom a test was required. Paternity shall be presumed controvertible in those cases in which the genetic test ordered by the examiner or by the court produces a probability of paternity of ninety-five [percent] (95%) to ninety-seven point five percent (97.5%). Paternity shall be presumed incontrovertible in those cases in which the genetic test ordered by the examiner or by the court produces a probability of paternity of ninety-eight percent (98%) or more.
In those cases in which a putative father refuses to submit to the test ordered by the examiner or the court, the examiner shall recommend that the judge render a judgment of contempt.
Concerning any procedure initiated under this section, any receipt, medical report or proof of pregnancy, delivery or genetic test shall be admissible as evidence without requiring corroborative testimony of third parties and shall constitute prima facie evidence of its contents and of the expenses incurred for these services or for the tests conducted in favor of the minor or minors.
The genetic tests shall be admissible without the need to provide any other corroborating evidence or any other evidence of authenticity or certainty unless a justifiable objection is filed in writing with the examiner and the opposing party is notified within a term of twenty (20) days after receipt of the report of the results of the test, or before the ten (10) days of the date of the first hearing scheduled for that purpose, but under no circumstances afterwards. Should an objection to the genetic test be filed, an additional tests shall be ordered only if the objecting party files a justified petition for additional tests and provides payment in advance to cover the cost of the tests. Should a timely objection be filed, admissibility of the results shall be determined by the examiner in a fair and reasonable manner. The cost of the original genetic tests shall be recovered in favor of the prevailing party, but the costs may not be recovered for any individual who receives benefits from the Temporary Assistance Program of the Department or from the Medically Indigent Assistance Program. (Medicaid).
(d) Receive and evaluate the evidence pursuant to this chapter and submit a report to the court containing the findings of the facts, conclusions of law and recommendations regarding the fixing, modifying or enforcing support payments and filiation orders.
(e) Determine that any person before such examiner has violated or is violating an order or resolution from the court or the examiner and remit the case, subject to confirmation by a Court of First Instance Judge who shall impose the corresponding legal penalty for said violation.
The examiner shall have authority to consider contested disputes of paternity, but not of custody or patria potestas and paternal or maternal filiation relationships.
(3) The examiners shall be attorneys who have been admitted to the practice of their professions in the Commonwealth of Puerto Rico for at least three (3) years.
The examiners shall be appointed by the Chief Justice of the Supreme Court to work full time for the term the latter may determine and they may be reappointed for subsequent terms according to the requirements of the system.
The Supreme Court shall adopt the rules to govern the selection, appointment, removal, compensation, and training of the Examiners.
History —Dec. 30, 1986, No. 5, p. 887, art. V, § 13; Aug. 17, 1994, No. 86, § 24; Aug. 12, 1995, No. 202, § 6; Dec. 18, 1997, No. 169, § 12; Aug. 1, 2003, No. 178, § 16.