Legal Question in Family Law in New Mexico

When does chidl Support end?

I am awarded child support until my child reaches ''majority''. She will turn 18 in November of this year, but not finish school until May of the following year. When does legal child suppert end?? November or May??

Asked on 6/05/01, 7:01 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: When does chidl Support end?

Unless you have a court order changing the old order your child support will end this year at the month your child turns 18. If you file a motion NOW alleging a change of circumstances (the fact that the law changed is not enough by itself) then you'll be able to take advantage of the change in the law.

There are some attorneys who post here (on Law Guru) from the Albuquerque area and if that is your town then call one of them and see if they can get you the legal help you need. If you are not from the Albuquerque area then call the state bar of new mexico lawyer referral number 800-876-6227 and ask for referral of some family law lawyers in your area.

You must file a motion before your child turns 18 (and now that you have asked the question you are probably on some notice to get it done). The statute you are needing to apply is Section 40-4-7 (B)(3)(b) [which says the court can set apart . . .property or income . . .to pay support for] "their children until the children's graduation from high school if the children are emancipate only by age, are under nineteen and are attnding high school; and". . .

Often the father may become upset at your filing a motion to make him pay more so the sooner you do it the easier it will be on all of you. If you and he are on good speaking terms then try and reach an agreement with him without having to go to court and just enter an order. But, again, if you do not have a new order in place by the time she turns 18 and he doesn't agree you are going to have a hard time (like nearly impossible) getting the order. I always advocate that people should try to resolve disputes on their own first; however, don't let talk get in the way of getting the order completed in a timely manner.

Again, what ever lawyer you talk to about this get it done soon. You are running out of time.

Read more
Answered on 6/27/01, 3:52 pm

Related Questions & Answers

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