Judges take an oath to apply the laws of the State and the United States in a fair and impartial manner. That makes sense and we applaud the fact that our judges are beyond the …
Same Sex Couples and Domestic Violence
Domestic violence isn’t a scourge that is isolated to heterosexual, married couples. Domestic violence can occur in unmarried relationships and in same sex relationships. Recently, North Dakota refused to extend domestic violence protection to same …
Do we split the baby?
Many people are familiar with the biblical story of King Solomon and his wise distribution of justice. The story goes like this…two women came before the King with each claiming the right to a baby. …
Interim Division
During the pendency of a divorce, the court must complete an interim division of income and expenses. Most people think this is interim child support or alimony and that is not the case. Interim division …
The Impact of a Stipulated DV Order
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 …