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 …

New Alimony Guidelines Have an Impact on You

In November 2018, the Supreme Court of NM adopted a new set of Alimony Guidelines. The purpose of the change arose from the changes to the federal law that now treats alimony payments differently than …