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. …
When Should You Modify Custody
Under New Mexico Law custody can be modified any time there is a material and substantial change in circumstances that impact on the best interest of the child. There are no bright line tests to …
What is an Order to Show Cause
Most family law cases involve situations where one side believes that the other side has violated a court order. Whether purposeful or not, a violation of a court order can cause disruption to both parents, …
What is Parental Alienation
Parental alienation is the process, and the result, of psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members. It’s a real concern in many custody …