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Alimony/Spousal Support

Health Insurance Status Upon Filing for Divorce

Individuals contemplating divorce often, and rightfully, are concerned about the status of their health insurance. Health insurance is frequently carried by one or the other spouses through their employment. The question that most frequently arises is whether one spouse can cancel the other from their employer based health insurance upon filing of divorce. The answer…

Divorce and the Economy: A Puzzling Relationship

In 2007, the U.S. began experiencing what is now called, the Great Recession. One surprising fact found during this period of economic hardship involved the steady decline of the divorce rate. In fact by 2008, this rate had dipped to its lowest level in 30 years in over 44 states. Data collected by the National…

Calculation of Gross Income for New Mexico Child Support Worksheets

New Mexico law requires both parents to support their children. Nowhere is this stance more evident than in determining child support in the midst of divorce or paternity proceedings. Each parent is still required to do what is necessary to ensure that the financial needs of their child or children are met, no matter how…

New Mexico Alimony: Til Death Do Us Part!

Spousal support or alimony as it is more commonly known is neither mandatory nor automatic when parties get divorced in New Mexico. Instead, spousal support may be awarded by the Court or agreed upon by the parties to a divorce based on consideration of several statutory factors. There are numerous factors that go into the…

Three Basic Classifications of Support in a New Mexico Divorce

When families split up, parties are often concerned about how they will continue to support themselves and their children. In New Mexico family law, there are three primary types of support awarded by the court: child support, spousal support, which is also called alimony, and interim support. The district court with which a divorce or…

Default Divorces: The Last Resort in New Mexico

Family law may be the most emotionally fraught area of the law. Parties to a divorce, paternity , child custody or child support action may be dealing with major changes to the most basis aspects of their family and financial lives. This level of emotion can lead parties to simply refuse to respond to documents…

Prenuptial Agreements in New Mexico

Prenuptial agreements (also called premarital or antenuptial agreements) have been recognized and enforced by the New Mexico courts for many years. However, in 1995 the New Mexico legislature passed the Uniform Premarital Agreement Act, which provides specific rules for the formation and enforcement of prenuptial agreements and includes requirements that all prenuptial agreements must be…

Child Support and Bankruptcy

Given the current state of the economy, many people in New Mexico and here in Albuquerque are considering or are in the process of filing for bankruptcy. These folks often have child support obligations. In fact, the child support obligations, and child support arrearages, themselves may add to the pressure to file bankruptcy. Some may…

Enforcement of an Out-of-State Marital Settlement Agreement

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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