New Mexico Questions & Answers

Q: What's the time frame to file a lawsuit against jcpenny?

1 Answer | Asked in Consumer Law and Personal Injury for New Mexico on
Answered on Nov 13, 2017

I notice you are from Fort Worth but you are asking the question in New Mexico. The statute of limitations in New Mexico is three years, so you still have time. I will not state with certainty what it is in Texas, but it could be two years, if it happened in Texas I would recommend consulting an attorney there immediately. If it happened in New Mexico, I would recommend contacting a New Mexico attorney to discuss, either myself or someone else you may find on Justia.
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Q: Upcoming hearing for child support modification my income has changed.

1 Answer | Asked in Child Support for New Mexico on
Answered on Nov 13, 2017

The Court does not count income of your new spouse towards child support. Your case could be a little more complicated though as since you are married it may not be entirely clear whose income that rental money is, I would need to know more of the details to give you a more complete answer. For example, if you are a co-owner of the home, that could complicate things. I would recommend you contact either myself or another family law attorney to discuss the matter in more detail.
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Q: I'm a stay at home mom. How will this affect the child support for my son?

1 Answer | Asked in Family Law and Child Support for New Mexico on
Answered on Nov 13, 2017

In New Mexico no one's income counts towards child support except for the actual parents, so your new partner's income would not count, even if you got married. As for your income, the court could do one of a number of things, they could use your old income since you voluntarily became a stay at home mom, or they could simply use full time minimum wage for you which is what is often done if someone is not working. If one of your shared children with your ex is under the age of six, the Court...
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Q: Where can I find the factual information on Diminished Value & it's relevancy to insurance claims in New Mexico?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for New Mexico on
Answered on Nov 11, 2017

I believe I suggested if you were hurt contact a member of the NM Assn for Justice--they'll give you a free consult. Why not ask your own insurance or AAA?
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Q: Can you take someone to court for totaling your vehicle

1 Answer | Asked in Car Accidents for New Mexico on
Answered on Nov 11, 2017

Tell the officer that defendant has no insurance. Technically they can't be a tow if they don't.
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Q: what legal rights do I have for custody and visitation as a mother paying child support?

1 Answer | Asked in Child Custody and Family Law for New Mexico on
Answered on Nov 9, 2017

You have the absolute right to put a motion in to have custody modified based on what is in your child's best interests. I would recommend you contact an attorney to discus your options.
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Q: The mother of my child is recently deceased she died in new mexico without a will her parent has my child and refuses me

2 Answers | Asked in Child Custody and Family Law for New Mexico on
Answered on Nov 9, 2017

Given that you are the only biological parent remaining, you should be able to do so however since the grandmother is not giving the child willingly to you, you will likely need to take her to court and get a Court Order requiring her to give you the child. I recommend contacting an attorney in New Mexico to discuss your options.
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Q: Can someone please help me understand what a 'mixed decision' means in a divorce judgement? thank you

1 Answer | Asked in Divorce for New Mexico on
Answered on Nov 9, 2017

A mixed decision usually means that the judge ruled in one party's favor on some issues, and in the other party's favor on other issues, or even that on individual issues the judge didn't rule entirely the way either party wanted but somewhere in the middle.
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Q: I have mold in my restroom ceiling and have repeatedly put a work order since August we are now November what do I do

1 Answer | Asked in Landlord - Tenant for New Mexico on
Answered on Nov 7, 2017

If landlord is really serious about to remove mold which will be spreading everywhere, then it would have done by now. Give another notice with cut off date and if still undone then better to relocate.
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Q: My child is 16 and working at McDonalds... as his parent can I request to see his work schedule?

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for New Mexico on
Answered on Oct 31, 2017

This is a great question. In general, child laborers 16 and over are not subject to special "work permit" (and associated approval and record) requirements in New Mexico. See, e.g., NM Stat § 50-6-2 (2007). However, because a 16 year old is still a "minor" under New Mexico law, (a) any employment agreement with the child is voidable as a matter of law, and (b) the parent of the child holds the power to sue on behalf of the child. So there are reasons an employer may honor a parent's...
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Q: I'm just wondering if I have a case for wrongful termination against my former employer? thank you.

1 Answer | Asked in Employment Law for New Mexico on
Answered on Oct 31, 2017

In general, there is no law against an employer terminating employees for felony allegations, regardless whether they result in conviction. However, if the employer retains some employees and terminates others for have felony allegations, there may be a question of whether the employer is applying this standard in a discriminatory way.

This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
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Q: I was sent a proposed removal from the VA. I need to know what my rights are if any? I have had no prior write ups.

1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Answered on Oct 31, 2017

In general, an employer must provide certain notices and responses to employees regarding FMLA leave. See, e.g., https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf . In addition, it is unlawful and gives rise to a particular cause of action if the employer terminates an employee in retaliation for exercising or attempting to exercise FMLA rights. See, e.g., 29 U.S. Code § 2615 and § 2617.

This is not legal advice to you, but a general idea of the law. Whether and how it applies...
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Q: What is a " timely manner"? If still employee with the company.

1 Answer | Asked in Employment Law for New Mexico on
Answered on Oct 31, 2017

In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the employee quits, the employer must make the payment by the next regular payday after the employees quits. NM Stat § 50-4-4 (2015). If the employer fails to do so, there may be penalties.

This is not...
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Q: In New Mexico can an employer add responsibilities to an employee without compensation

1 Answer | Asked in Employment Law for New Mexico on
Answered on Oct 31, 2017

In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and responsibilities, an employer can change the rate of pay, benefits, and job description and responsibilities going forward. This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
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Q: If you are placed on a permanent night shift does your employer have to pay you shift differential?

1 Answer | Asked in Employment Law for New Mexico on
Answered on Oct 31, 2017

In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and duties, an employer can change the rate of pay, benefits, and job description and duties going forward. However, you mention this "is a government contract," and sometimes such contracts and/or related documents require certain pay for certain positions. This is not legal advice to you, but a general idea of the law. Whether and how it applies...
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Q: What do I do if I am a first year teacher and my principal is refusing to give me my final paycheck?

1 Answer | Asked in Employment Law and Real Estate Law for New Mexico on
Answered on Oct 31, 2017

In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the employee quits, the employer must make the payment by the next regular payday after the employees quits. NM Stat § 50-4-4 (2015). If the employer fails to do so, there may be penalties.

This is...
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Q: my employer is having financial troubles and has took away my vacation & sick leave. what are my options? legal?

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Answered on Oct 31, 2017

In general, for work already done, an employer must pay whatever rate of pay and benefits were agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay or benefits for a certain period of time into the future, an employer can change the rate of pay and benefits going forward (but in no case decrease the amount below any applicable minimum wage). This is not legal advice to you, but a general idea of the law. Whether and how it applies to...
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Q: I work as a store manager for an automotive parts company does the salary go by new law of 913 a week minimum.

1 Answer | Asked in Employment Law for New Mexico on
Answered on Oct 31, 2017

While there have been recent bills in the New Mexico Senate and House of Representatives to raise it, in general, the state-wide minimum wage by state law is still $7.50 per hour. NM Stat § 50-4-22 (2016). But some cities (e.g., Albuquerque, Las Cruces, and Santa Fe) impose a higher minimum wage by local ordinance. Whether and how these apply to you would depend on the details of your employment.
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Q: I was fired the day after a work related injury on a false accusation. Can I file a lawsuit?

1 Answer | Asked in Employment Law for New Mexico on
Answered on Oct 31, 2017

There is a statute prohibiting employers from terminating employees "for the sole reason that that employee seeks workers' compensation benefits." New Mexico Workers’ Compensation Retaliation Statute, NMSA § 52-1-28.2. Whether and how it applies to you would depend on the details of your employment.
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Q: How long after an accident can cops issue a ticket in Albuquerque

1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for New Mexico on
Answered on Oct 31, 2017

No set time in most jurisdictions. If you have an issue like no insurance you'd want to get that squared away without waiting for any fallout.
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