Legal Question in Family Law in New Mexico

DeadBeat Dad--Master: How to collect child support and decree enforced payments

Deadbeat Dad discovered in NM,CSS process started. He has been called to court, paid 3 mths CS then stopped, a hearing is pending to determin ownership of jt Checking acct that was frozen by the court.

My question is from NE what can I do to start collection proceedings for those other items in the decree that he is responsible for....hospital and medical expenses for the children, joint debt fees that were to be his responsibility. Is this still a Family Law issue or is it a Small Claims Court issue? Do I start the state of NM or because the divorce was filed in NE do I need to proceed from this state? I am prepared to do all and any research to put this into motion.


Asked on 4/08/01, 2:14 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: DeadBeat Dad--Master: How to collect child support and decree enforced paym

Because your question involves enforcing a divorce

decree across state lines; i.e., enforcing the court

order of one jurisdiction into another jurisdiction

you would be best served to sit down with a family

law attorney and get some advice. Your question involves

(a) child support issues which CSS will attempt to

do something about; (b) child support issues [medical

expenses] which CSS will likely NOT handle; and (c)

divorce property/debt issues which CSS will NOT

handle at all (that is not part of what child

support services does). You will have to have your

divorce decree domesticated in the foreign state

(NM) and you will have to begin this process in

your state NE (where the divorce decree) was granted.

Once you have filed paperwork in NM (the foreign state)

you will have to have a court hearing in that state.

The entire process of domesticating a foreign decree

and then enforcing it is a legal procedure which is too

lengthy to discuss in this note. [Perhaps if you search

the database at law guru you might find where some-

one has discussed that procedure]. While it is

commendable that you want to do any and all the

research you can do on your own - what you need to

do at this point is take action not do research.

What you are suggesting by saying that you can do

this on your own 'if you just could do the research'

is not significantly different than saying that you

could do your own surgery - if someone just told

you how to do it. The question you need to ask

yourself is why do you not want to spend the money

and buy (even an hour's worth of) time from a lawyer?

You might find the return more profitable than

doing hours and hours of research which may teach you

what is happening but not how to do it. If you do not

know how to find a lawyer your state bar will have

a listing of lawyers who work in domestic or family

law. Call them and ask for several names. Then

call the lawyers and interview them. Find someone

who is willing to explain the processes involved

in your case and who is willing to make some

"educated guesses" about what all is involved in

collecting the debts and the medical costs you

need collected. At least if you have an educated

guess in your pocket you can then make decisions

about how to proceed with a more firm grasp of the

processes involved. Good luck.

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Answered on 6/08/01, 8:40 am


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