Legal Question in Family Law in New Mexico

My husbands Ex wife changed her parenting time oblication from everyother week for 7 days to only the weekends : Friday night to mid-day Sunday, for the last 6 months due to her living situation. During this time she paid us no child support and always claimed she had no money. Recently we found that she has been making quite a bit of money and now she is wanting us to pay her child support as her living situation has now changed and she is keeping the kids everyother week again. Are we able to file paperwork to get back child support from her?

Asked on 4/17/13, 3:25 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos
0 users found helpful
0 attorneys agreed

Your husband can file an order to show cause to ask the judge to order her to pay the back child support. Any changes that are made in custody/visitation must be made in writing between the parties, and that should be followed by a motion to the court to change the child support if the new arrangements (or any other changes in the financial situation of the parties) will change the amount of child support by more than about 20%. Nobody can stop paying child support without an order from the court, because the child support is owed to the children and not to the parents, so the parents can't agree to change it.

Read more
4/17/13, 3:52 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico

Looking for something else?

Get Free Legal Advice

88222 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now