Short answer. Yes, in specific circumstances. Where the civil liability includes support for the offspring as a result of the crime, and the civil aspect wasn't waived, reserved, or filed separately beforehand, the accused may be ordered to provide support pendente lite to the child, on application by the offended party, her parents, grandparents, guardian, or the State.

What the law says

In criminal actions where the civil liability includes support for the offspring as a consequence of the crime and the civil aspect thereof has not been waived, reserved or instituted prior to its filing, the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crime. The application therefor may be filed successively by the offended party, her parents, grandparents or guardian and the State in the corresponding criminal case during its pendency, in accordance with the procedure established under this Rule.

Rule 61, Section 6 — Support in criminal cases. Read the full provision →

A support order tied to the crime's civil liability

Rule 61, Section 6 extends the concept of support pendente lite into the criminal courtroom, but only in a specific situation: where the civil liability arising from the crime itself includes support for a child born to the offended party allegedly because of that crime. This is not a general rule allowing support claims in any criminal case. The provision exists because a criminal case can drag on for years, and a child conceived or born as an alleged consequence of the crime should not have to wait until conviction, or even final judgment, before receiving support the evidence may already show is warranted.

The civil aspect must still be attached to the criminal case

The section requires that the civil aspect of the case not have been waived, reserved, or instituted separately prior to the filing of the criminal action. If the civil claim was already split off into its own separate proceeding, this mechanism within the criminal case would not apply — the civil liability, including the support question, must still be riding along with the criminal action. That timing rule prevents a party from filing a separate civil case for support and then also trying to use this criminal-case mechanism as a second, overlapping route to the same relief.

Who can apply, and when

The section lists who may file the application: the offended party, her parents, grandparents, or guardian, and the State, and it allows these applications to be filed successively during the pendency of the criminal case. The procedure to be followed for the application itself is the one established under this same Rule, meaning the earlier sections on comment, hearing, and the order apply here too. Because the list is framed as successive rather than simultaneous, it also signals an order of priority among who may bring the application, generally following who is best positioned to act for the child's interest at a given time.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.