New Mexico Child Support Questions & Answers

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

1 Answer | Asked in Family Law, Child Custody and Child Support for New Mexico on
Answered on Dec 3, 2017
Jeff Grandjean's answer
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 options. Please feel free to contact me or another attorney on Justia.

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

1 Answer | Asked in Child Support for New Mexico on
Answered on Nov 13, 2017
Jeff Grandjean's answer
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 example, if you are a co-owner of the home, that could complicate things. I would recommend you contact either myself or another family law attorney to discuss the matter in more detail.

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

1 Answer | Asked in Family Law and Child Support for New Mexico on
Answered on Nov 13, 2017
Jeff Grandjean's answer
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 home mom, or they could simply use full time minimum wage for you which is what is often done if someone is not working. If one of your shared children with your ex is under the age of six, the Court...

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Aug 3, 2017
Gary William Boyle's answer
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.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 21, 2017
Gary William Boyle's answer
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 generated by the statutes. The Court will award past child support as well.

If either party asks the Court to get involved in custody issues, the Court's job would be to determine what custody...

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on May 11, 2017
Gary William Boyle's answer
I strongly recommend that you retain qualified counsel.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for New Mexico on
Answered on Apr 28, 2017
Gary William Boyle's answer
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.

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

1 Answer | Asked in Child Support for New Mexico on
Answered on Feb 2, 2017
Peter Munsing's answer
Most family lawyers have payment arrangements. See who the bar association for your county recommends.

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