Garcia Torres, Carlos Humberto v. Albertazzi Acuña, Maria Vanessa
KLCE202400081
Tribunal De Apelaciones De Pue...Apr 30, 2025Background:
- Carlos Humberto García Torres and María Vanessa Albertazzi Acuña divorced after a long marriage, with García Torres as primary provider.
- After divorce, Albertazzi Acuña sought and was awarded a monthly ex-spousal support ("pensión excónyuge") due to alleged economic need and lack of sufficient personal resources.
- Subsequent to the spousal support order, García Torres argued that Albertazzi Acuña received substantial funds ($30,000 and later $77,424.74, totaling $107,424.74) from marital property and questioned her continued economic need.
- García Torres sought summary judgment to terminate the spousal support, alleging no material facts in dispute regarding the recipient's resources.
- The trial court denied summary judgment, finding disputed facts remained concerning Albertazzi Acuña’s ongoing financial need; García Torres appealed via certiorari to the Court of Appeals.
Issues:
| Issue | García Torres' Argument | Albertazzi Acuña's Argument | Held |
|---|---|---|---|
| Denial of Summary Judgment on Support Termination | No material facts in dispute; support should be terminated due to funds received | Formal procedural defects in motion; factual disputes remain | Denial affirmed; questions remain about ongoing need. |
| Continuation of Ex-Spousal Support Payments | Payments should end; defendant has sufficient means | Still economic need; receipt of funds does not end necessity | Support remains; determination of economic need continues. |
| Application of Civil Code Article 468 | Right to support ends once need ceases | Not applicable until facts resolved | No error in not applying Art. 468 at summary judgment stage. |
| Departure from Correa Márquez v. Juliá Rodríguez | Cited as requiring support termination if no need | No abuse of discretion or lack of procedural compliance | No abuse found; lower court followed procedure. |
Key Cases Cited
- Correa Márquez v. Juliá Rodríguez, 198 DPR 315 (P.R. 2017) (sets out principles and boundaries for awarding and terminating spousal support)
- Ramos Pérez v. Univisión, 178 DPR 200 (P.R. 2010) (outlines standards for contested facts in summary judgment)
- PFZ Props., Inc. v. Gen. Acc. Ins. Co., 136 DPR 881 (P.R. 1994) (clarifies the handling of summary judgment and evidentiary requirements)