Lim-Lua v. Lua (2013): Support Pending the Case

In September 2003, Susan Lim-Lua filed a case in the Regional Trial Court of Cebu City to declare her marriage to Danilo Lua void. While the case was pending, she asked for support pendente lite for herself and their two children, citing her husband's large income from businesses in the Philippines and abroad.

The trial court ordered monthly support of P250,000.00, plus support for the months since the case was filed. Danilo challenged the order. The Court of Appeals found that the trial court had fixed this amount without enough evidence of his actual income. It reduced the monthly support to P115,000.00 and ordered him to pay the unpaid months, less what he had already given to his wife and children as monthly support. Neither side appealed that decision.

Danilo then paid only a small balance. He deducted from the unpaid support more than two million pesos that he said he had already spent on the family. Most of it was the price of two cars for the children, their maintenance and one child's credit card bills. He later listed more items, such as medical and dental bills, travel, salon expenses, school expenses and cash given to the children.

The trial court rejected the deductions and ordered execution. On a petition by Danilo, the Court of Appeals allowed all the deductions and dismissed Susan's petition to hold him in contempt. Susan appealed to the Supreme Court.

Can a spouse ordered to pay support pendente lite deduct from the unpaid support the expenses he already paid directly for the children, such as cars, their upkeep and travel?

The Supreme Court partly granted Susan's petition and modified the Court of Appeals decision.

What support covers. Under Article 194 of the Family Code, support "comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family." Under Article 201, the amount is in proportion to the means of the giver and the needs of the recipient.

Support pendente lite is provisional. In cases for nullity, annulment or legal separation, the court may grant support while the case is pending, on its own or on application. Because it is provisional, the court does not need to go fully into the merits. Affidavits and documents in the record are enough. The Court also quoted the factors in the Rule on Provisional Orders for spousal and child support.

Only related expenses can be deducted. The monthly support of P115,000.00 was meant mainly for food, household expenses such as the salaries of drivers and house helpers, and Susan's therapy. So the deductions had to be limited to the basic needs the courts considered when they fixed that amount. The two expensive cars, their maintenance, the travel expenses and credit card purchases of items other than groceries and dry goods "bear no relation to the judgment awarding support pendente lite." The Court allowed only Susan's medical expenses, one child's dental expenses and the children's credit card purchases of groceries and dry goods, a total of Php 648,102.29. Danilo had to resume paying the monthly support.

The Court noted rulings of American courts that a parent ordered to pay support to the other parent generally cannot claim credit for payments he chose to make directly to the children, unless fairness clearly allows it without injustice to the other parent.

No contempt. Danilo was not guilty of indirect contempt. He kept paying for his children's education and needs and believed in good faith that the courts would let him offset what he had spent. Contempt requires a willful act done for an improper purpose.

The amount can change. Danilo said Susan now had her own businesses and the children were working. The Court said such requests belong to the trial court handling the main case. It repeated an earlier ruling: "Judgment for support does not become final." Support may be reduced or increased as needs and means change.

Support pendente lite is provisional and may be fixed on affidavits and documents; once fixed, only expenses that relate to the needs considered in fixing it may be credited against unpaid support, not unrelated spending such as cars and travel for the children; and a judgment for support never becomes final, as the amount may change with the recipient's needs and the giver's means.

While a marriage case is pending, the spouse and children may need support right away. Lim-Lua shows two things. A court can order support early, without waiting for the end of the case. And the spouse who must pay cannot decide on his own to pay in a different form, such as gifts to the children, and then subtract it from what the court ordered.

The amounts in Lim-Lua were set for that family, based on its standard of living. They are not a standard rate. The Family Code does not fix a percentage: support depends on the giver's means and the recipient's needs. See how much is child support and Grande v. Antonio for another case where a court divided support between parents.

Made-up illustration: Carlo is ordered to pay his wife a fixed monthly support for her and their son while their nullity case is pending. Instead, he buys the son a new motorcycle and pays for a vacation abroad, then pays his wife less. Under Lim-Lua, he generally cannot subtract the motorcycle and the trip from the support he owes, because they are not the needs the court considered. He may ask the court to change the amount if his means or their needs change.

Read the full decision on the Supreme Court E-Library (link in the sources below). For a question about real support, see where to find legal help.