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 …
What to do When Child Support is Too Expensive
The law requires a non-custodial parent to pay a monthly allowance to help a custodial parent with child rearing expenses. Child support is determined by a court. To ensure consistency in the amount of child …
Tips for Effective Depositions
Depositions are a method of obtaining information during the discovery phase of a case. Pretrial depositions are a core, yet time-consuming part of any litigation. In a complex lawsuit, each party may take upwards of …
An Important Consideration in Divorce—Interim Division
An often confusing aspect of divorce is what happens during the time frame from the time the divorce is filed to the time that the divorce is granted. How does the proceeding impact on support, …
The Role of a Therapist in a Custody Case
If your child custody or divorce case goes to trial, you and your spouse will likely call numerous witnesses to testify in court. Many couples wonder whether their therapist or child’s therapist should testify in …