How to Change Primary Custody

A custody arrangement rarely works for every stage in a child’s life. Parents’ circumstances change over time, and children’s needs will evolve as they grow, all of which may require changes to a parenting plan. …

The Kinship Guardianship Act and Its Impact on Children

The Kinship Guardianship Act is a tool that allows for a kinship caregiver to obtain custody of a child over biological parents. The importance of the statute cannot be overstated because NM recognizes the parental …

Abatement of Child Support – An Unused Tool

Generally, when a parent with a child support obligation falls behind in support, the parent owed the support can seek to recover through a contempt proceeding in the family court or can use the resources …

Is There Ever a Defense to Paying Child Support

If you receive a Family Court Summons for a Child Support Enforcement Proceeding, you must respond in person or if you live out of state by telephone (with approval of the court). The case will …

How to Get Out of Paying Back Child Support

Can you ever get out of paying back child support? The answer to this question depends on many circumstances. Let’s explore one of the more common defenses. Usually child support obligations arise under the Uniform …

Understanding the Parental Rights Doctrine

By way of case law and statutory framework, NM technically follows the Parental Rights Doctrine. However, in recent history the US Supreme Court has also weighed in on this doctrine. A Summary of the Supreme …

How to Get Custody When You Aren’t the Biological Parent

Generally most people think about child custody issues in the context of two divorcing parents. However, there are other circumstances giving rise to custody situations that are becoming more common place. That is custody claims …

What is Gross Income for Child Support Purposes

In New Mexico child support is determined under the guidelines based on gross income of both parties. Generally, what is included in Gross Income? Gross income includes income from any source, and may include, but …

How to Modify Time Sharing

Time sharing can be changed based on a material and substantial change in circumstances that impact on the best interests of the child. This means that anything could potentially justify a change in time sharing. …