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.
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.
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.
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
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.
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.
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.
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.
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...
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.
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...
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