What are the guidelines in determining support for the spouses and common children?

In determining support for the spouses, the court may be guided by the following rules:

(a) In the absence of adequate provisions in a written agreement between the spouses, the spouses may be supported from the properties of the absolute community or the conjugal partnership.

(b) The court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage.

(c) The court may likewise consider the following factors:

  1. whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; 

  2. the time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment, and that spouse's future earning capacity; 

  3. the-duration of the marriage;

  4. the comparative financial resources of the spouses, including their comparative earning abilities in the labor market; 

  5. the needs and obligations of each spouse; 

  6. the contribution of each spouse to the marriage, including services rendered in home-making, child care, education, and career building of the other spouse;

  7. the age and health of the spouses; 

  8. the physical and emotional conditions of the spouses;

  9. the ability of the supporting spouse to give support, taking into account that spouse's earning capacity, earned and unearned income, assets, and standard of living; and 

  10. any other factor the court may deem just and equitable.

(d) The Family Court may direct the deduction of the provisional support from the salary of the spouse.

The common children of the spouses shall be supported from the properties of the absolute community or the conjugal partnership.

Subject to the sound discretion of the court, either parent or both may be ordered to give an amount necessary for the support, maintenance, and education of the child. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Sections 2 and 3, Rule on Provisional Orders, A.M. No. 02-11-12-SC, March 4, 2003)

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