New Mexico Questions & Answers by Practice Area
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New Mexico Questions & Answers
Q: Can the case worker get me for tanif on a pending child support order from a different state ?
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.
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???
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.
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
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.
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
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
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
Timur Akpinar's answer
Does what apply? It looks like something accidentally got left off your question.
Tim Akpinar
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?
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.
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?
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.
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
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.
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.
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.
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
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.
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.
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.
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
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.
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?
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...
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?
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.
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.
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.
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.
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.
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
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.
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: I received a summons due to careless driving. I was driving to work and had an accident. What are my options.
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.
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.
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