Legal Question in Family Law in New Mexico
Child Support
I am currently trying to get child support payments started but I can only do this through the state where my divorce was finalized.(N.M.)I was also told that I needed to change the ''primary care'' into my name now that I now have my children, so that I can receive this Support. how can I do this? I cannot afford to do this long distance, I live in CA. Is there any way this can be done here without spending a bunch of money??
2 Answers from Attorneys
Re: Child Support
The law on child support is that you follow the court order until you have a new court order. Presently, if you have an order that says to pay the other parent then you are supposed to do that. If you have changed custody and the other parent should be paying you then you must file a motion in the court where the original order took place and serve the motion on the other parent and schedule a hearing on that motion. The basis of your motion (I am taking this from your question above) is "a substantial change of circumstances warranting a change in the child support." You can be in CA and hire an attorney in NM. However, if you want to do this without an attorney - and if you are not an attorney - you may find the process very difficult. You can contact the state bar of N.M. on their web site at http://www.nmbar.org or call them on their 800 number and ask for attorney referral program for the town where you were divorced. You should at least talk to an attorney. Remember: until you change the court order - EVEN IF you have the children - you still owe support to the other parent. (I hope that answers your question and gives you some motovation to talk to a lawyer).
Re: Child Support
I agree with John's analysis and advice. If you have any other questions, feel free to contact me.
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