New Mexico Questions & Answers

Q: Single working mom for 8 years. Biological dad never paid any child support threatens to take child away.

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 21, 2017

The issues of child support and physical custody are separate issues. The child's father has an obligation to provide support for the child. The child's mother can go to court and request child support any time. The Court will award child support based on the parents' income and the worksheet generated by the statutes. The Court will award past child support as well.

If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...
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Q: How do I stop perusing child support? We have came to an agreement on the issue, it hasnt gone to court. Thanks Jennifer

1 Answer | Asked in Family Law for New Mexico on
Answered on May 15, 2017

You should get the Court's approval before you change child support payments. If you agree on the new child support amount, you can submit a stipulated order to the Court. You will both need to sign the stipulated order and the order should provide for the new child support amount and should provide the Court with the facts that the Court would require to determine child support. That would include both parties' incomes and the amount of any of the child's special expenses that are...
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Q: If you acquire a company are you required to honor all of the current owner's existing vendor contracts?

2 Answers | Asked in Mergers & Acquisitions for New Mexico on
Answered on May 5, 2017

If you buy the stock of the company, the vendor contracts will continue to be contracts of the company you purchased and will be in force according to their terms. If you buy the assets of the company, the vendor contracts will remain with the seller and you would be free to deal with vendors as you please. Of course, there are many other considerations to take into account when deciding whether to purchase stock or assets.
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Q: i am llooking for an attorney in Albuquerque that will take a case on wrongful death pro bono

1 Answer | Asked in Wrongful Death for New Mexico on
Answered on May 3, 2017

Look for members of the N.Mexico Assn for Justice--they give free consults, take cases on a contingent fee.
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Q: I have an ecommerce website and I copied the descriptions from another competitors site. They are now threatening to sue

1 Answer | Asked in Copyright and Intellectual Property for New Mexico on
Answered on May 3, 2017

Without more details about your case, all I can say is that using someone's literary works without their permission can be the basis for a copyright infringement lawsuit.
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Q: If you suffer chronic migraines after a car accident can you seek damages for that?

1 Answer | Asked in Personal Injury for New Mexico on
Answered on Apr 29, 2017

You can but you will likely get more for your other injuries just because it's difficult to prove migraines and also they can come from a variety of sources. Contact a member of the NM Assn for Jucstice--they give free consultations.
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Q: Does new mexico allow a non lawyer to assume next friend status and assist an ill, pro se litigant in civil court?

1 Answer | Asked in Civil Litigation for New Mexico on
Answered on Apr 28, 2017

No. To represent someone in Court you have to be licensed as an attorney.
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Q: Hello, my wife left with my children and is refusing to allow visitation. What are my rights currently in New Mexico?

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017

You would have to file a divorce action and ask the Court to allow you time with the children. If the Court issues an order regarding visitation, both of you would have to obey the order or risk being punished by the Court.
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Q: If I am married for 9.5 yrs am I entitled to half of my spouses military retirement

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017

No. You would be entitled to 23.75% of your spouse's post-retirement military pay assuming that your spouse retires after exactly 20 years of service. The government will not pay your portion directly to you unless you are married for 10 years but the Court can direct that your spouse pay you directly or can even award a lump sum in lieu of future payments if the Court believes that is equitable.
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Q: Hi my question is: How do I go about having custody of my son 50/50?

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Apr 28, 2017

You would have to file a motion with the Court asking the Court to award you time with your child. The Court will take into account everything that is relevant.
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Q: What does "...the other parent shall cooperate in obtaining the same" mean? (see more information) Thank you!

1 Answer | Asked in Family Law for New Mexico on
Answered on Apr 28, 2017

The statement means that the other parent would be obliged to cooperate in filling out the paperwork. It does not say anything about who would keep possession of the passport. That would have to be determined by the Court.
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Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on
Answered on Apr 23, 2017

If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.
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Q: my recently renewed passport has NO entrance stamp. going back to Europe after 30 years. should I worry?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Apr 4, 2017

There is no problem with your leaving the USA.
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Q: if i was arrested for a crime and taken to jail but was never booked in and posted bail 6days later can i file charges?

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New Mexico on
Answered on Mar 31, 2017

Not kidnapping but possible civil rights. Contact the NMex Civil Liberties Union. Ask for one of their "cooperating attorneys" who handles "police misconduct" situations.
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Q: In NM can a personal lender inspect the property after sale in 2008 till now? Must they give a notice?

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Answered on Mar 30, 2017

Typically mortgage companies and banks that make home loans put language in their mortgages that they have a right to inspect their collateral (the house) periodically and that you as borrower and mortgagor consent to it. The mortgage may even have language that makes it an event of default to deny the mortgagee the right to inspect. So you should have an experienced real estate attorney in your area review your mortgage and advise you of your rights under the mortgage and local law, and do...
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Q: Can I sue the NM Medical Board, State of New Mexico & other medical authorities for neglecting to address proper care?

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Car Accidents for New Mexico on
Answered on Mar 29, 2017

Short answer is no. Courts don't tell administrative agencies what to do, and it's within their discretion. However, if your problem is getting a rehab plan or similar going, you will want to contact a group that deals with pain like the cancer socieity for your state, etc.
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Q: I don't understand why I was named an Heir, and my sibling are devisse It makes no sense to me,

1 Answer | Asked in Probate for New Mexico on
Answered on Mar 29, 2017

I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'. Everything from 'x needs it more than y' to 'x has a drug problem so I don't want to add to it by leaving something to x' to 'x is on government benefits and if I give them anything they will lose that'.

Without...
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Q: If my father died with out a will, and both siblings want to sell his house and I do not. Can they still sell the house?

1 Answer | Asked in Probate for New Mexico on
Answered on Mar 27, 2017

Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out' the other two siblings' interest. This is done all the time, and often the siblings 'swap' other assets rather than there being a required cash payment.

I'd urge you to consult with a local probate attorney to determine what...
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Q: My ex is from mexico no social or state id and is trying to take my girls from me can she do that w/o being a us citizen

1 Answer | Asked in Immigration Law and Child Custody for New Mexico on
Answered on Mar 26, 2017

Immigration status has no bearing on parental rights. She can however be ordered not to take the children out of the state and specially the country. I suggest you contact a family law attorney.
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Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
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