Whenever a person finds themselves in domestic violence court there are several potential outcomes. One outcome could be a dismissal of the action. Another outcome could be a finding of domestic violence and the entry …
Statute of Limitations and Child Support
An often overlooked argument to use for child support arrearages is that of statute of limitations. Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after …
Retroactive Child Support
A common concern for many people is retroactive child support. In this post we will address the different situations that give rise to possible retroactive child support obligations. The first and most common situation when …
Parentage
In New Mexico, a child born of a marriage is presumed to be the product of the two married people. However, what about when a marriage does not exist? Then there is a question of …
Grandparents…What are their Rights?
More and more often, children are being left to their grandparents. Derelict parents who cannot or refuse to take responsibility for raising their children often leave their children with grandparents to raise, support and care …
Understanding the Kinship Guardianship Act
In this day and age we see more and more children being raised by adults other than traditional parents. Boyfriends, girlfriends, aunts, uncles and grandparents all offer opportunities to raise children outside the context of …
Settlement…Why it can Help?
Many people say “I’ll fight till the end.” Then they proceed to take years of litigation and thousands of dollars to find resolution. Most people are familiar with alternative dispute resolution that can take the …
How to Move Your Case Faster
We are often asked “What can I do to move my case faster?” To answer this question one must understand the various factors that go into answering this question. First, there is the court’s docket …
Transmutation…What You Need to Know
The general rule is that property takes its form at the time it is acquired. However, property can change from community to separate and vise versa. During a marriage the character of property can change …
What is Separate Property?
In general, separate property is any property, real or personal, acquired before marriage, after divorce, by gift or inheritance during marriage, or during marriage with separate property funds. Further, any income made from a spouse’s …