Why is it important to understand a particular rule when it comes to family law? It’s important because this rule, Rule 1-123, sets the tone for your entire case. Rule 1-123 can assist in strategy …
Temporary Domestic Order
People are often confused by the terms used in family law. Ex parte order. Temporary Domestic Order. Temporary Order of Protection. Restraining Order. All of these terms, plus others, can bring a lot of confusion. …
Ex Parte Restraining Orders
Under New Mexico’s Family Violence Protection Act we find a process that offers both relief and frustration for those faced with domestic violence issues. The relief comes in the form of immediate action from an …
What is Spousal Support?
When a married couple gets a divorce, the court may award “alimony” or spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court …
Things to do After the Final Decree
Many people think about how to handle divorce or custody or child support issues during the pendency of a case. However, few people give consideration to what happens after the Final decree. Here are some …
Understanding Marital Settlement Agreements
A Marital Settlement Agreement (MSA) is a contract used in uncontested divorces that divides property, assets and debts of a marriage. It spells out the rights of both parties, and settles issues of child custody …
What is a QDRO?
A (QDRO) qualified domestic relations order is a special court order that grants a person a right to a portion of the retirement benefits his or her former spouse has earned through participation in an …
Deviation…A Tool to Use for Child Support
New Mexico law indicates that when child support is calculated that the amount from the guidelines is the presumptive award of support. However, the law also provides for a deviation from the guidelines. A legal …
Child Support is Unfair
There is an inherent unfairness in the child support calculations. Most people who pay support believe that the guidelines are already unfair because the calculations are based on income. However, that is not the unfairness …
New Tax Laws Impact on Divorce
Many couples and financial professionals are scrambling to get written agreements regarding alimony payments done before new tax rules set in in the new year. After Dec. 31, 2018, alimony payments will no longer be …