Legal Question in Family Law in New Mexico
In 2005 a court order went into place for me and my ex wife to share 50/50 custody. We were both making the same amount of money 30k a year. So no child support was rendered because the incomes balanced themselves out. In 2006 I got a promotion and a raise, 2007 another raise, 2008 another raise, 2009 another raise, and 2010 another raise. Can she legally come back and ask for child support for all of those years even though she never asked me about my income and the court order that is still in effect states no child support was to be exchanged? Also, she did not follow the court order in place where it says she was required to pay half of his insurance and copays, which I can prove. Is this legal that she can come back years later and request back child support? I never kept anything from her but she never asked either.
1 Answer from Attorneys
The 'general rule' is that a court order remains in effect until a new court order replaces it. [Usually, right after I say that statement to my clients I look at them dead pan and ask if they understand me.] So, without having seen the order to which you refer the general rule is going to have to be your guiding light.
What is not clear in your paragraph is the part that says "is this legal that she can come back years later and request back child support." You never said that she did ask you that but your query is worded as if she did. You did not say if she was on Medicaid for the child or if she had gone to CSED. It sounds like something triggered you to ask a question as if the object of the question has already occurred..
Take this answer, your order, your W-2 & any other papers you may have received from her or her lawyer & go see a lawyer and ask if the lawyer can elaborate on the matter for you. It won't cost much and you will have obtained a wealth of information. After you have your information then you can make a more informed decision.
Good Luck.
Law Guru
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