Questions Answered by Carlos N. Martinez

Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Answered on Mar 1, 2019
Carlos N. Martinez's answer
First, you should respond to whatever motion he filed against you. Then you should file a motion for custody and request a hearing. When you get your hearing setting, prepare for the hearing by reviewing the state statutes, court procedure and local rules.

Q: My question is how do I know my rights as a father after after a leabe of absence leaving the state of nm for over two

1 Answer | Asked in Family Law for New Mexico on
Answered on Mar 1, 2019
Carlos N. Martinez's answer
In New Mexico, you are presumed to have joint legal custody rights to your kids unless there is a court order stating otherwise. If there is no case currently pending, then you should file a parentage and custody case immediately to protect your parental rights, and to establish your visitation.

Q: Should I plead guilty or not guilty for selling to alcohol to a minor in the state of New Mexico?

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Feb 18, 2019
Carlos N. Martinez's answer
You should never plead guilty, nor should you ever talk to the police without a lawyer present. You should also never put something like the above, seeming to admit guilt, in the public realm where a district attorney could find it.

Q: What type of attorney do I need to speak to regarding a cell phone tower lease agreement and contract negotiations?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Answered on Feb 18, 2019
Carlos N. Martinez's answer
You would best be served by an attorney that deals with business law, and contract negotiations. Any business law attorney worth their salt would be able to assist you in the above.

Q: How do I go about getting full custody for my son but not file for child support?

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Answered on Feb 18, 2019
Carlos N. Martinez's answer
You would have to petition the court for full custody and request a hearing. New Mexico requires that a child support worksheet be filed with any parenting plan/custody order, however either party may deviate upwards or downwards with respect to what is owed under certain circumstances.

Q: Can the case worker get me for tanif on a pending child support order from a different state ?

1 Answer | Asked in Child Support for New Mexico on
Answered on Feb 7, 2019
Carlos N. Martinez's answer
If this is a case in New Mexico, the child support enforcement division routinely seeks reimbursement of state funds. If they are claiming that you owe an amount that seems too high, request an audit to ensure their calculations match yours.

Q: I tried using one counterfeited $20 and possession of one thc cartridge. What does it look like for me???

1 Answer | Asked in Criminal Law for New Mexico on
Answered on Feb 7, 2019
Carlos N. Martinez's answer
First off, you need to stop posting any sort of incriminating statements on an online forum. Really is going to come down to intent and knowledge of the $20. As to the THC cartridge, depends. Do you have a medical card? Is it expired? If you were in Albuquerque or Santa Fe, possession of up to an oz of cannabis is a civil infraction.

Q: I meant I was a minor when she had my child I was 14 and she was 19 can I be charged child support as a minor

1 Answer | Asked in Child Support for New Mexico on
Answered on Feb 6, 2019
Carlos N. Martinez's answer
Absolutely yes if you are the father of the child. Child support depends on how much time the child spends with each parent, plus your gross monthly incomes amongst other factors.

Q: Can a father being a minor be charged for child support

1 Answer | Asked in Child Support for New Mexico on
Answered on Feb 6, 2019
Carlos N. Martinez's answer
Yes. Parents are both responsible for providing support to their children. You would need to bring a parentage case against the father, and then request child support at a court hearing

Q: In a divorce case motion to compel hearing can I request we skip mediation and just have the judge decide based on fact?

1 Answer | Asked in Divorce for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
You can request that the court hold a pretrial conference and request a trial date at the same time. It is customary for courts to send the parties to mediation to see if they can come to some sort of agreement, however if that does in fact fail, then the court generally will set a trial date.

Q: son's mother is threatening child support and custody against me while I'm away for 2 year at rehab program. Can she?

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
She can petition the court for custody yes. The court will look to see what is in the best interest of your child to determine what sort of custody and timeshare schedule there will be. They will take into account all surrounding circumstances, including your rehabilitation stay.

Q: I have custody of my daughter have since she born. Her dads what's costody to get out paying CS will get get ot

1 Answer | Asked in Child Custody and Child Support for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
If I understand the question correctly, you are wondering if your kiddo's father can get custody to get out of paying child support. Your daughter's father can always petition the court for custody. The court looks to what is in the best interest of the child to determine what type of custody and timeshare arrangement should occur.

Q: Is there any way as a mother I can regain custody of my son? I have had the hardest time regaining custody on my own.

1 Answer | Asked in Child Custody for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
It really depends on what you lost custody for in the first place. Most courts in New Mexico are all for reunification, however if custody was lost due to drugs, neglect or abuse, you have a long road ahead of you. It also depends on if CYFD has been involved, whether or not they have substantiated any instances of abuse, whether you are in the family law court or in the Children's court.

Q: My husband put his girlfriend on his account can I ask thru a motion that she be removed until the divorce is final

1 Answer | Asked in Divorce for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
It depends on what type of account you are talking about. If he has put her on a community account, then you could potentially prevent it via a motion to the court, dependent on other surrounding circumstances.

Q: Can my spouse take residential property.

1 Answer | Asked in Divorce for New Mexico on
Answered on Feb 4, 2019
Carlos N. Martinez's answer
The general rule in New Mexico is that you are entitled to 50% of all community property. Community property is anything that you've acquired during your marriage. Regarding leaving the home, the general rule is that the status quo must be maintained throughout the proceedings. Since it appears that this home is community property, any proceeds from a sale, or deficiency, should be equally split between both of you.

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