Legal Question in Family Law in New Mexico

Child support payments

I recently moved to New Mexico from New Jersey. I am making considerably less money. They are garnishing 58.4% of my net pay. This includes medical plan. Leaving me with very little money to survive on. putting me in substantial hard ship. Can I modify my child support. My ex wife is working and can provide medical coverage. she makes more money then me. Also can i get additional modifications for having custody of the kids for part of the year. I would have to have my kids in my custody for what ever part of the year i can get them.


Asked on 7/03/03, 1:37 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Child support payments

Your note did not say what state has controlling jurisdiction over your child support order. I will assume it is NJ and answer accordingly. First, you will have to go to the court where your child support order is at. Thus, if your child support order is from a NJ court you will have to have your motion filed in NJ. You can contact a NJ attorney and have the attorney file the paperwork for you. You will certainly have to answer other questions and deal with related issues but the legal answer here is "yes, you can file a motion to change your child support." Please understand that a judge could still rule against you and you would then have to continue paying the amount you are paying currently. You clearly need to talk to an attorney in the jurisdiction where your child support order is from.

Next, if your employer is, in fact, withholding more than 50% of your pay in NM you may be able to have only the amount up to the 50% withheld. That does not mean you do not owe the additional 8% it simply means that as far as the wage withholding you may not have so much withheld. Again, you will need to present a copy of your child support order to an attorney here in N.M. to obtain a more complete answer to your specific inquiry. The anwers provided by the law guru are more general in nature.

If you review other answers I have posted here you will see my suggestions on how to obtain legal counsel. The issues you present are complex. You would be best served by having legal counsel on retainer to help you through this legal jungle.

Good Luck

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Answered on 7/03/03, 4:10 pm


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