Legal Question in Family Law in New Mexico

My husband moved out our rental property two weeks ago and says he is filing for divorce. He says I have to pay from now on and he isn't helping with any bills. We have a son together. Is moving out and not paying legal? He says I will have to break the lease, come up with a new deposit and 1st months rent to move to a place I can afford for myself and our son (and I have a daughter from a different relationship). He won't even help with groceries. What are my rights, I am shocked that he doesn't care if my children and I are homeless or without food? We have been together 5 years and married almost 4.


Asked on 7/03/16, 11:14 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

By the zip code you have provided you are in the 2nd Judicial District and you can go to the Self Help area of the district court house on 5th and Lomas and get the initial part of the assistance you will need. To answer the questions you asked though, first is YES, he has to help with the bills and the support for the family. While he may move out and tell you he is done - the law and the court will not allow him to do that and leave you without assistance. If you and your husband are on the lease together then he is not correct in saying that you have to make 'a new deal' with the landlord. When you go to the courthouse you should ask specifically about "interim division of income." That is a legal phrase covered by District Court Rule of Civil Procedure. Your husband will have to help with the bills and child support while you are going through the divorce. If you are not employed then you can go to the income support division (ISD) and get some emergency relief, food stamps and medicare for your children. You can go to Child Support Enforcement Division (CSED) to have them start a child support case for you; and you can go to There is assistance available to help you get him to follow the law.

Hope this helps.

Law Guru

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Answered on 7/04/16, 10:44 am


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