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Termination of Parental Rights and Duty of Tribal Enrollment

August 13, 2013, by Collins & Collins, P.C.

The New Mexico Court of Appeals case of State ex rel. Children, Youth & Families Dep‘t v. Marsalee P. concerns an important issue of the termination of parental rights under the Indian Child Welfare Act (ICWA) and the New Mexico‘s Abuse and Neglect Act. In short, when a defendant and her children are eligible for […]

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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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New Mexico Child Custody Issues Involving Native American Children

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

Child custody disputes in New Mexico can involve many special circumstances that may not commonly arise in other states. For instance, given the large Native American population in New Mexico, a number of the children caught in custody disputes may be Native American. New Mexico is home to 19 Pueblos, two Apache tribes, and a […]

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Litigating a Divorce or Family Law Case From Outside New Mexico Poses Unique Challenges

August 17, 2011, by Collins & Collins, P.C.

A person cannot be made a proper party to a divorce or family law case in New Mexico unless the New Mexico courts have jurisdiction over that party. The issue of jurisdiction can be complicated and can vary depending on whether this case involves a divorce, custody or paternity. However, once jurisdiction is properly established, […]

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New Mexico Courts Have Authority to Allocate Tax Exemptions in Child Custody Cases

January 4, 2011, by Collins & Collins, P.C.

One decision to be made during any divorce involving children, particularly in cases of disputed child custody, is which parent is entitled to claim the tax exemption for the children. Many New Mexico courts will follow the basic Internal Revenue Service (“IRS”) rule that, absent an agreement between the parties, the custodial parent, or the […]

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New Mexico Divorce: No Fault and No Waiting

July 15, 2010, by Collins & Collins, P.C.

Two unique facets of the New Mexico law governing divorce make the process of getting a divorce in New Mexico very different from other states. First, New Mexico does not have a waiting period that must be observed before filing for divorce. This means that parties who have been married for one day have the […]

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New Mexico Divorce and Family Law Jurisdiction

June 23, 2010, by Collins & Collins, P.C.

Jurisdiction is the term used to refer to a court‘s authority to decide certain cases. In order to hear a case, the court must have jurisdiction of the subject matter of the case and over the parties involved in a case. In a divorce or family law case, issues of jurisdiction can get somewhat complicated […]

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Child Custody Jurisdiction & Venue: Parental Relocation Within New Mexico

April 20, 2010, by Collins & Collins, P.C.

A parent‘s decision to relocate can obviously have a significant and lasting impact on parents‘ custody and time-sharing agreement. Even if the parents initially agree on a parenting plan that accommodates the parent‘s decision to relocate, problems may arise if the parties disagree later. The first question that arises is what Court will handle the […]

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Relocation of a Parent Not Always an Option in Child Custody Setting

April 13, 2010, by Collins & Collins, P.C.

Relocation of one of the parents often has significant consequences for child custody and timesharing. In fact, it may result in a loss of time-sharing so it is not always an option. This is particularly so where there is an existing Parenting Plan that prohibits such a move as most parenting plans do. Relocation of […]

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Enforcement of an Out-of-State Marital Settlement Agreement

April 9, 2010, by Collins & Collins, P.C.

One of the final steps in completing a divorce is the entry of the Marital Settlement Agreement. The Marital Settlement Agreement provides the formal division of the parties‘ property, assets and debt. It also addresses alimony, spousal support, taxes, and other financial issues affecting the parties. In New Mexico, the Marital Settlement Agreement must be […]

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Albuquerque Divorce Lawyer Blog