Legal Question in Family Law in New Mexico

I am taking my ex-husband back to court for modification of child support, he has not paid child support for the past 5 years and I am going pro se and I need help in an opening statement

Asked on 1/14/18, 4:49 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

There are a couple or three things that you can try to get some assistance besides only trying to do this on your own. First, if you are receiving medicaid you can contact the Human Services Department, Child Support Enforcement Division (CSED) and apply for services. You can ask them to give you full services. It is the government so they are a bit slow; however, they will come into your case and get the child support. Second, you can contact the state bar of NM lawyer referral program or the Volunteer Attorney Program and they can provide names of attorneys in your area of the state who may be able to help you with your case; and third, you can look at this web site: and you will find there information about getting to the CSED web site and accessing their assistance. Last, if you get into either Albuquerque or Rio Rancho both of the county court houses in those towns have a "pro se clinic" or a help desk for people who are representing themselves. Even though you live in a different town those pro se help centers will still give you needed assistance.

As far as making an opening statement to the court in your case you should tell the court (the judge), briefly, what you intend to prove and why the court should make an order giving you what you are asking for in the form of a court order. So, as you started out in your question - your ex has not paid child support in 5 years. Make a work sheet and add up each and every month that has not been paid so you can say, "I am asking that you make an order awarding judgment for (example - if your support was $250 per month then 60 months would equal) $15,000.00." You can also ask the court to hold your ex in contempt of court because he was not following a court order. After you make your opening statement you sit down and let your ex have his say then, after that, the judge will ask you to prove your case.

Hope this helps.

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Answered on 1/15/18, 7:26 am

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