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answered on Feb 6, 2024
In New Mexico, if you need to request a continuance for a court hearing scheduled for the same day due to your child being sick, you should file a Motion for Continuance with the court as soon as possible. This motion should explain the reason for the request, specifically mentioning your... View More 
There are a few odd things that have happened including motions filed last sept. Why did judge recuse? She literally added a line and stated "for good reasons". Respondent had atty's but they have recently withdrawn due to difficulties between client and themselves. Now a hearing... View More
answered on Feb 28, 2023
Generally, a statis conference is just what it sounds like. The new judge likely wants to find out what is happening in the case and which of the prior filings still need to be resolved. The new judge might also want to actually schedule additional hearings. A status conference is usually... View More
answered on Jan 3, 2021
Yes you do. Federal and state laws permit the garnishment of SSI for child support obligations.
answered on Dec 21, 2020
You are in a difficult situation. If the parent owing support is imprisoned, then obtaining child support is usually not feasible. Some states will reduce child support to $0 during incarceration, others will allow the monthly balance to accrue at the monthly amount creating a potentially large... View More
Supervised visits for him. His partner does not have custody of her son. I have had a restraining order on him.
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.
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... View More
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.
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.
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
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?
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.
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
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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.
I work part time and have other bills. what do I do?
answered on Feb 2, 2017
Most family lawyers have payment arrangements. See who the bar association for your county recommends.
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