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New Mexico Child Support Questions & Answers

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

Q: I need to respond to a motion to modify custody he's asking for full custody himself I need full custody for me

Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.

Carlos N. Martinez answered on Mar 1, 2019

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.

1 Answer | Asked in Child Support for New Mexico on

Q: Can the case worker get me for tanif on a pending child support order from a different state ?

Me and my daughters father have a 10 year old .. he has always help support her we have always lived together except for 3 years we separated during those 3 years I received tanif .. during that time he was still helping me with my daughter... we got back together I closed the tanif ... we... Read more »

Carlos N. Martinez answered on Feb 7, 2019

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.

1 Answer | Asked in Child Support for New Mexico on

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 answered on Feb 6, 2019

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.

1 Answer | Asked in Child Support for New Mexico on

Q: Can a father being a minor be charged for child support

Carlos N. Martinez answered on Feb 6, 2019

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

1 Answer | Asked in Child Custody and Child Support for New Mexico on

Q: son's mother is threatening child support and custody against me while I'm away for 2 year at rehab program. Can she?

I am not a bad father I just have personal issues and am strongly in my son's life I don't want to go away to rehab trying to better myself and come back home to her have taken my son from me. is there any way I can somehow get this to hold off until my program is complete and I can defend myself?

Carlos N. Martinez answered on Feb 4, 2019

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.

1 Answer | Asked in Child Custody and Child Support for New Mexico on

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

I'm not unfit parent and I lived in same house for 5 years my daughter is well taken care of. Her dad gets her every other weekend but doesn't always take her. He also talks very bad about me. He thinks he should have pay CS and he wants me pay for his lawyer

Carlos N. Martinez answered on Feb 4, 2019

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... Read more »

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

Q: there anyway that i could get full rights and child support still if father doesn't see child at all?

Jeff Grandjean answered on Dec 3, 2017

It is possible you could get primary custody and still get child support. As far as terminating his rights completely, if you do that the Court may still order child support. Terminating rights completely is difficult however, I would recommend you speak to an attorney to discuss all of your... Read more »

1 Answer | Asked in Child Support for New Mexico on

Q: Upcoming hearing for child support modification my income has changed.

I went from earning $50k last year full time self employed to $10k this year part time working for someone else. I have requested a modification to support I pay due to difference in income. My ex has custody and is wanting me to report income my current husband has from rental properties. He... Read more »

Jeff Grandjean 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... Read more »

1 Answer | Asked in Family Law and Child Support for New Mexico on

Q: I'm a stay at home mom. How will this affect the child support for my son?

I have been divorced for four years and have been working that entire time. Recently I moved across the state with my SO and I am now a stay at home mom. We are not married yet. My ex husband has not been paying child support for some time and I want to take it to court. I would like to know how my... Read more »

Jeff Grandjean 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... Read more »

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

Q: my visitation was set 4 years ago when my child was an infant. how do i go about revising my visitation schedule?

i am paying child support and have been since april. his mother and i were together at the time and we saw eachother frequently. now that were not together any more she is only allowing me to see my son for 3 hours 3 days out of the month like the court order says, but was set in my absence as i... Read more »

Gary William Boyle answered on Aug 3, 2017

To change the terms on which you can see your son, you will have to file a motion to modify custody with the Court. You should describe in the motion what circumstances have changed. The Court may hear your motion or refer you for other services first.

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

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

The biological father of my stepson who has never once paid for any of his living expenses is threatening to take his mother to court and get custody of our son. She has always tried to be civil and never kept pour son away from him or his side of the family but since I've come along he (biological... Read more »

Gary William Boyle 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... Read more »

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

Q: My kids dad is trying to get Custody of my 6 kids to were I only have visiting rights to my kids..

He recently made a report on me through cyfd.. I'm not an unfit parent I had my kids since the day they where born.. my problem is stress cause the father has not help raise or support our kids. I been raising and supporting them on my own for two years.. he's been out of jail for 8 or so months... Read more »

Gary William Boyle answered on May 11, 2017

I strongly recommend that you retain qualified counsel.

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

Q: Hi my question is: How do I go about having custody of my son 50/50?

My sons mother has full custody and I want to know how to get him 50/50. We already went to court and all she requested was money. She doesn't want him to have my last name and she said I have never given her money since he was born. She was 14 and I was 16 when we had him. We lived with my parents... Read more »

Gary William Boyle 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.

1 Answer | Asked in Child Support for New Mexico on

Q: I am looking for a family lawyer, to get a new court date and a DNA test

I work part time and have other bills. what do I do?

Peter N. Munsing answered on Feb 2, 2017

Most family lawyers have payment arrangements. See who the bar association for your county recommends.

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