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Albuquerque Divorce Lawyer Blog

Right to Counsel in Termination of Parental Rights Proceedings

The relationship between a parent and child is among the most closely protected rights. Termination of parental rights is severe and will not be entered into lightly in New Mexico. Because it is such a severe step, a parent has many rights throughout the proceedings. The question here is whether the parent has a right…

Financial Consequences of Divorce in Older Couples

For most of us, divorce isn‘t something we think about for older adults. Indeed, for many years, sociologists and economists didn‘t focus their research on middle-aged and elderly adults who sought divorces. However, in recent years, scholars have begun turning a closer eye toward divorce trends in these couples. Jay Lebow, a psychologist who works…

Divorce in Older Couples: Trends and Statistics

For many years, divorce rates for older adults haven‘t been a prime research area. Indeed, in a recent study, Susan L. Brown, a sociologist at Bowling Green State University, explained that until recent scholarly activity, there was a “paucity of research on later life divorce.” Even when certain research modules did study later-life divorce, those…

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

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…

Alimony Often Disputed on Income and Duration in New Mexico Divorce

Alimony is often a hotly contested issue in a New Mexico divorce. The Second Judicial District Court in Albuquerque has established alimony guidelines. However, disputes still arise. The most common disputes involve the calculation of income and the duration of spousal support. The recent New Mexico Court of Appeals case of Clark v. Clark addressed…

IRS Recognizes Legal Same Sex Marriages for Tax Purposes

Late last month, the Obama administration announced that same-sex couples that are married will be “treated the same as opposite-sex couples for tax purposes,” according to an article in USA Today. In other words, the federal government will treat all legally married same-sex couples just like they‘ve been treating opposite-sex married couples. Right now, there…

Brewing Conflicts Between State and Federal Law on Same Sex Marriage

According to a recent article in Governing, same-sex couples have had ample problems with benefits across the country. Certain states argue that their own bans on gay marriage mean that they don‘t need to provide benefits to same-sex couples. For example, even though the Pentagon directed the Texas National Guard to process benefits for same-sex…

For Better or Worse – Rights on End of Cohabitation in New Mexico

Many couples are choosing to live together without the trappings of marriage. When these couples break up, the legal issues can be better or worse depending on the circumstances. First, it should be noted that New Mexico does not recognize common law marriage. There is one exception. New Mexico will recognize a valid common law…

Termination of Parental Rights and Duty of Tribal Enrollment

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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