Reyes Colon, Edgar Abner v. Benabe Gonzalez, Sheila Li
KLCE202500413
Tribunal De Apelaciones De Pue...May 23, 2025Background:
- Edgar Abner Reyes Colón (Father) and Sheila Li Benabe González (Mother) are parents to a minor child and have ongoing family law litigation in Puerto Rico regarding child support and related orders.
- A prior judgment required the Father to pay specific amounts for child care services and attorney's fees, imposing a daily sanction for non-payment after a set deadline.
- The Father only made a partial payment after the deadline, and the Mother moved for civil contempt to enforce payment of the sanctions.
- The Father argued the sanctions were not subject to civil contempt, had already paid (or consigned) the amounts in a separate money action, and claimed a set-off due to alleged rent owed by Mother.
- The Trial Court declined to find the Father in contempt, ordering payment of sanctions within a set period but not allowing civil contempt; both parties sought review of this ruling through appellate motions.
Issues:
| Issue | Mother's Argument | Father's Argument | Held |
|---|---|---|---|
| Whether civil contempt is available to enforce the daily sanctions for non-payment (outside of pure support obligations) | Civil contempt is an available mechanism to enforce the sanctions imposed by prior court order. | Sanctions are not part of child support; only collectible via money judgment, not contempt. | Civil contempt is available for enforcement; trial court erred in not holding Father in contempt. |
| Amount and accrual period of the sanctions | Sanctions continued to accumulate after partial payment. | Sanctions stopped accruing on date partial payment was made. | Sanctions stopped accruing once the base obligation was satisfied; correct amount $15,400. |
| Effect of Father’s consignment of funds in a separate rent collection lawsuit | Set-off not permitted; rent debt is not liquid, due, or enforceable against sanctions owed. | The amount owed was consigned for potential set-off against rent owed by Mother. | Funds consigned in the rent case do not satisfy the obligation; set-off not applicable here. |
| Award of attorney's fees for enforcement efforts | Attorney's fees should be awarded for efforts to collect sanctions. | Fees not warranted; offered to pay proper amount; Mother persisted in error. | No attorney’s fees awarded; no bad faith found as Father made written offer to pay owed sum. |
Key Cases Cited
- E.L.A v. Asoc. de Auditores, 147 DPR 669 (P.R. 1999) (court’s inherent authority to enforce orders through contempt)
- Srio. DACO v. Comunidad San José, Inc., 130 DPR 782 (P.R. 1992) (inherent power of courts to impose civil contempt)
- Pérez v. Espinosa, 75 DPR 777 (P.R. 1954) (civil contempt allows for imprisonment until compliance, the party "holds the key" to release)
- Guzmán Vega v. Piñero Piñero, 91 DPR 704 (P.R. 1965) (distinguishes between civil and criminal contempt)