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Termination of Parental Rights = Termination of New Mexico Child Support?

September 26, 2013, by Collins & Collins, P.C.

Termination of parental rights is a very drastic measure by the state. Termination of parental rights is a measure of last resort to protect a child. One question that comes up is whether termination of parental rights also terminates New Mexico child support obligations. The New Mexico Court of Appeals case of Aeda v. Aeda […]

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Changing the Parenting Plan in New Mexico

April 22, 2013, by Collins & Collins, P.C.

Parenting Plans set out all the essential terms of custody, time-sharing and child support following a divorce. There are many big issues such as custody and support. There are also smaller, though equally important, issues such as schools, religious preferences, vacations, recreational activities, school activities, and all the other issues surrounding raising a child. This […]

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Important But Often Overlooked Issues to Address in a New Mexico Parenting Plan

November 2, 2012, by Collins & Collins, P.C.

Any court order addressing custody should include some sort of parenting plan. This is especially important in states like New Mexico where joint custody is preferred because a parenting plan provides an outline of how parents will make decisions about and share time with their child. A detailed and comprehensive parenting plan can also help […]

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Seeking Back Child Support in New Mexico

October 27, 2012, by Collins & Collins, P.C.

New Mexico law imposes a duty on both parents to support their minor children. Therefore, when the court issues order addressing child custody, it will almost always include a provision for child support. Alternatively, the court can issue an order on child support only that does not address custody, which is especially common when the […]

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Financial Changes and Modification of Child Support

October 15, 2012, by Collins & Collins, P.C.

In New Mexico, a parent who is required to pay child support must generally pay that support until their child reaches the age of eighteen (18). However, that support obligation may continue until the child is nineteen (19) if the child is still enrolled in high school. Given that a child support obligation may continue […]

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Using Life Insurance to Secure Child Support in New Mexico

October 12, 2012, by Collins & Collins, P.C.

In New Mexico, both parents are legally required to provide financial support for their children. When child support is ordered as part of a divorce or child custody dispute, one parent is typically required to make child support payments until their child turns eighteen (18), or until they are nineteen (19) if the child is […]

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Ongoing Exchange of Income Information: Benefits for New Mexico Child Support

October 8, 2012, by Collins & Collins, P.C.

Parents involved in a divorce or child custody matter may often find themselves bombarded with paperwork, including documentation of income, assets and expenses, which they hope will end once the court makes a final ruling in their case. However, any family law case involving child support can mean that the stream of paperwork will keep […]

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Parental Rights for Same Sex Couples in New Mexico

September 18, 2012, by Collins & Collins, P.C.

In a recent landmark case known as Chatterjee v. King, the New Mexico Supreme Court ruled on some very important issues involving same sex couples and their rights to establish parentage under New Mexico‘s Uniform Parentage Act (“the UPA”) and child custody under New Mexico‘s Dissolution of Marriage Act. The facts as stated in the […]

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Emancipated Minors Can Receive Child Support

September 14, 2012, by Collins & Collins, P.C.

The New Mexico Supreme Court recently issued its opinion in Diamond v. Diamond in which it ruled that a minor child may be emancipated from his or her parents and, yet, the parents may still be obligated to pay child support for the emancipated child. The Diamond decision was a reversal of the New Mexico […]

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Does the Federal Child Support Recovery Act Apply to You?

August 31, 2012, by Collins & Collins, P.C.

The Child Support Recovery Act (CSRA), often referred to as the “deadbeat-dad” (deadbeat parent) law, makes it a federal crime to flee a state in order to avoid having to pay a child support arrearage. The CSRA does not apply to every child support case. Rather, the CSRA is only invoked when a parent has […]

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