While this question may sound simple, the answer is rather complex. New Mexico law defines income in NMSA 40-4-11.1. Technically, many things that you may not have thought about become income when you read this …
How to Handle Violations of a Court Order
Here is a common scene we see. Mother was granted primary custody in a court order. Father was supposed to have the children over the weekend. Monday comes and the children aren’t returned to mother. …
Criminal History and Custody
Many people think that if one has a criminal history that it becomes an automatic bar to winning custody. That is simply not true. While having a criminal history is not optimal, it is a …
How your Employment Impacts on Custody
Many people don’t think about how their job and occupation can impact on their custody case. Frequently we see people coming to the realization (the hard way) that their occupation has a direct impact on …
Consider a New Approach to Child Custody—A child centered approach
The standard for determining custody and time sharing in NM is based on a determination of what is in the best interests of a child. There is, however, no clear cut definition of custody. Often …
Custody & Time Sharing
What is the difference between custody and time sharing? When we meet with people we generally hear people use the term custody to really refer to how much time they spend with their child. It’s …
High Income and Child Support
In New Mexico the child support guidelines are used to determined ongoing child support obligations. However, those guidelines end at a combined gross monthly income of $30,000. While most people cannot even fathom that sort …
What is the Best Interests of the Child?
Family law, like other types of law, involve different types of “burdens of proof” or standards. For example, in a criminal case, the burden of proof is that the state must prove “beyond a reasonable …
Imputed Income
A huge consideration in child support or alimony cases is the issue of imputed income. Imputed income means income that the other party is CAPABLE of earning. How much are they capable of earning? It …
What is your Income?
The most basic question that must be answered in determining child support and spousal support (alimony) is “what is your income?” This is fundamental because child support guidelines determine payment obligations based on, among other …