New Mexico Questions & Answers

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: Does this apply to parking lots on private property

2 Answers | Asked in Car Accidents for New Mexico on
Answered on Feb 5, 2019
Timur Akpinar's answer
Does what apply? It looks like something accidentally got left off your question.

Tim Akpinar

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.

Q: I had 2 hernia repairs since colon cancer surgery in 2014. Now I have been diagnosed with another hernia. Can I sue?

1 Answer | Asked in Medical Malpractice and Personal Injury for New Mexico on
Answered on Feb 4, 2019
Peter Munsing's answer
Possibly though much depends on the situation of the tissue following the cancer surgery etc.

Contact attorney James Ronca in Philadelphia. You may use my name.

Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

1 Answer | Asked in Native American Law for New Mexico on
Answered on Jan 22, 2019
Scott E Beemer's answer
Hello,

I am sorry to hear of your situation.

In New Mexico the following tribes have agreements with CYFD:

Mescalero Apache

Navajo Nation

Pueblo of Jemez

Pueblo of Tesuque

Therefore, if you are a member of these tribes CYFD will have jurisdiction under ICWA and CYFD Agreement. In reference to following procedures, I do not know the particulars of the case or whether there were emergent circumstances that warranted the CYFD action(s) in...

Q: Can I start my own business as a F1 visa holder?

1 Answer | Asked in Business Law for New Mexico on
Answered on Jan 18, 2019
Kelli Y Allen's answer
The only thing you can do is formally set up the LLC. Anything more would be a violation of your F1 status and jeopardize future immigration options.

Q: Is my will from WA good in NM.

1 Answer | Asked in Estate Planning for New Mexico on
Answered on Jan 13, 2019
Kelli Y Allen's answer
As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.

Q: Should I apply for naturalization if my mom is applying already when i am under 18 on the application date.

2 Answers | Asked in Immigration Law for New Mexico on
Answered on Jan 8, 2019
Kelli Y Allen's answer
If your mom becomes a naturalized citizen before you turn 18, you will likely derive citizenship from her and would file an N-600. However, if her application is still pending when you turn 18, you will not be eligible for derived citizenship and would need to file your own N-400.

Q: Explain

1 Answer | Asked in Bankruptcy and Criminal Law for New Mexico on
Answered on Dec 29, 2018
Timothy Denison's answer
Defendant tested positive for meth and has failed to comply with pretrial services...didn’t report. Remand 24 hours, release with Pretrial services contempt offense. Reset for pretrial conference in approximately three weeks. Defendants presence required.

Q: If you have a lawsuit pending or a judgement has been made, would chapter 7 bankruptcy stop any further actions?

3 Answers | Asked in Bankruptcy for New Mexico on
Answered on Dec 11, 2018
Timothy Denison's answer
Depends on what kind of action but generally speaking g, yes.

Q: I received a summons due to careless driving. I was driving to work and had an accident. What are my options.

1 Answer | Asked in Car Accidents for New Mexico on
Answered on Dec 10, 2018
Mark Caruso's answer
Thank you for contacting Caruso Law Offices.

You will need a criminal attorney in the county where the citation was issued. (Not saying that you are a criminal, but criminal attorneys handle citations like the careless driving citation you received.) We don't handle these types of cases. We only handle personal injury and wrongful death cases.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.