New Mexico Questions & Answers by Practice Area
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New Mexico Questions & Answers
Q: I have an uncle in assisted living. I have POA. He did not recieve the forms to file his tax. S.S. said I needed a lette
Bruce Alexander Minnick's answer
Yes, in fact she has more than the right to refuse. Why? Because the administrator of an assisted living facility does not have the authority to do what you asked her to do. Moreover, the administrator is not being paid to write official letters to the Social Security Administration or the IRS for residents. If you have POA over your uncles financial affairs then you should have the power to write the letters yourself; just remember to include a copy of your POA.
Yes, in fact she has more than the right to refuse. Why? Because the administrator of an assisted living facility does not have the authority to do what you asked her to do. Moreover, the administrator is not being paid to write official letters to the Social Security Administration or the IRS for residents. If you have POA over your uncles financial affairs then you should have the power to write the letters yourself; just remember to include a copy of your POA.
Q: Is electronic signature legally binding in New Mexico without the person physically signing a document.
Bruce Alexander Minnick's answer
Yes. In these days of electronic everything most states have defined electronic signature as being the same as hand written signatures. Whether you mom has to pay for something you say was supposed to be free is another question.
Yes. In these days of electronic everything most states have defined electronic signature as being the same as hand written signatures. Whether you mom has to pay for something you say was supposed to be free is another question.
Q: Can I get my non refundable fee back?
Bruce Alexander Minnick's answer
If you have the financial resources to give over $7,000+ to a complete stranger who promised to educate you in how to apply permanent makeup in only one month, then you surely have enough money to hire a competent lawyer.
The case looks easy to prove--if you can admit to being gullible and stupid. Do the math: There are 240 working hours (i.e., 8 hours per day) in a 30 day month. The promised 255 hour course would require 31.675 days to complete. This self-evident fact alone is...
If you have the financial resources to give over $7,000+ to a complete stranger who promised to educate you in how to apply permanent makeup in only one month, then you surely have enough money to hire a competent lawyer.
The case looks easy to prove--if you can admit to being gullible and stupid. Do the math: There are 240 working hours (i.e., 8 hours per day) in a 30 day month. The promised 255 hour course would require 31.675 days to complete. This self-evident fact alone is...
Q: There is a contract between myself and my roommate but it isn't signed, is it still legal binding?
Bruce Alexander Minnick's answer
If you paid the last month's rent to the landlord then the landlord must still have the last month's rent on deposit. So if your roommate is staying in the apartment after you leave, she will (someday) have benefit of the last month's rent after you are gone. Right? IMO, she should (at the very least) give you one half of the rent deposit because it will be all hers when you leave.
If you paid the last month's rent to the landlord then the landlord must still have the last month's rent on deposit. So if your roommate is staying in the apartment after you leave, she will (someday) have benefit of the last month's rent after you are gone. Right? IMO, she should (at the very least) give you one half of the rent deposit because it will be all hers when you leave.
Q: Took car to mechanic he let someone else take car to get diagnoses check and ended up worse!?
1 Answer
| Asked
in
Products Liability, Civil Litigation and Small Claims
for
New Mexico
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
Timur Akpinar's answer
It's not fully clear what took place here, in terms of what you agreed to, whether you were provided with an estimate, what amount you were charged, what the original problem with the car was, what the condition of the car is, what the mechanic did, among other issues. You could contact an attorney to ask if you could have a brief free consultation to discuss your rights here and the cost of pursuing them.
Tim Akpinar
It's not fully clear what took place here, in terms of what you agreed to, whether you were provided with an estimate, what amount you were charged, what the original problem with the car was, what the condition of the car is, what the mechanic did, among other issues. You could contact an attorney to ask if you could have a brief free consultation to discuss your rights here and the cost of pursuing them.
Tim Akpinar
Q: I live in New Mexico. Can I creditor place lien on my house if I am not late on payments to the creditor?
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Contracts and Real Estate Law
for
New Mexico
on
Answered on Mar 6, 2019
Answered on Mar 6, 2019
David Humphreys' answer
It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.
It is not a judgment lien in all likelihood.
It depends on what you signed. It might be that you gave them a lien on your home, like a mortgage.
It is not a judgment lien in all likelihood.
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
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.
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
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.
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: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But
1 Answer
| Asked
in
Child Custody, Family Law and Native American Law
for
New Mexico
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
Scott E Beemer's answer
Hello,
I am sorry to hear of your situation.
Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the Indian Child Welfare Act (ICWA). As a result of the July 2015 Tribal State Leaders Summit in New Mexico, CYFD begin the process of communication and collaboration with the following tribes: Pueblo and...
Hello,
I am sorry to hear of your situation.
Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the Indian Child Welfare Act (ICWA). As a result of the July 2015 Tribal State Leaders Summit in New Mexico, CYFD begin the process of communication and collaboration with the following tribes: Pueblo and...
Q: Should I plead guilty or not guilty for selling to alcohol to a minor in the state of New Mexico?
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.
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
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.
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?
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.
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 ?
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.
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