Garcia Catalan, Itzel v. Rosa Rivera, Pedro Antonio
KLAN202400049
| Tribunal De Apelaciones De Pue... | Jul 16, 2024Background
- This case arises from a post-divorce dispute between Itzel García Catalán (mother/appellant) and Pedro Antonio Rosa Rivera (father/appellee) over child support obligations in San Juan, Puerto Rico.
- After divorce, the court awarded custody to García Catalán and established provisional and later final child support orders, including stipulations on apportioning child-related expenses by income percentage (64.16% father, 35.84% mother).
- Disagreements surfaced regarding allocation of medical expenses not covered by insurance, camp expenses, and extracurricular costs, particularly whether minimum thresholds or all expenses should be allocated proportionately.
- The Examinadora de Pensiones Alimentarias (EPA) issued an influential report adopted by the trial court, prompting García Catalán's motion for reconsideration, particularly over retroactive and supplemental expense allocations.
- On appeal, García Catalán challenged the factual and legal basis for the allocation of medical expenses and the omission or limitation of certain camp and extracurricular expenses in the trial court's order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allocation of uncovered medical expenses | All should be split by proportion, no $50 threshold | Only split above $50 | Court: All uncovered expenses are split by proportion |
| Camp expenses (amounts and inclusion in support order) | Omitted/understated in order, should be specifically listed | Disputed stipulation | Court: Specific amounts for camp are owed, to be included |
| Extracurricular volleyball expenses (recurrent, variable) | Omitted/limited, all should be covered as extraordinary | Only fixed amounts | Court: Only fixed amounts included now; future claims as arise |
| Deference to trial court's factual/probative findings | Clear error in appreciation of evidence/stipulation | Trial court's findings | Court: Modified where clear error/stipulation withdrawn |
Key Cases Cited
- Díaz Rodríguez v. García Neris, 208 DPR 706 (P.R. 2022) (child support cases are of high public interest; main interest is child welfare)
- Santiago, Maisonet v. Maisonet Correa, 187 DPR 550 (P.R. 2012) (explains broad definition and scope of child support obligations)
- Toro Sotomayor v. Colón Cruz, 176 DPR 528 (P.R. 2009) (obligation to provide child support is personal and proportional)
- Argüello v. Argüello, 155 DPR 62 (P.R. 2001) (education and extraordinary expenses included in child support)
- McConnell v. Palau, 161 DPR 734 (P.R. 2004) (appellate deference to trial court’s factual findings)
- Serrano Muñoz v. Auxilio Mutuo, 171 DPR 717 (P.R. 2007) (limits of appellate review over trial-level credibility determinations)