Albuquerque Divorce Lawyer Blog

Common Issues with New Mexico Parenting Plans

There is no easy way for parents to share custody of their children. Yet the law in New Mexico, as well as many other states, requires parents to do just that based on the presumption that some form of joint, or shared, custody is in a child‘s best interest. Therefore, the result of most child…

Seeking Back Child Support in New Mexico

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…

Psychological Testing During A Custody Evaluation

Sometimes during a child custody dispute, the court may decide that is needs additional information about the parties in order to determine what sort of custody arrangement is in the best interest of the parties‘ children.In these cases, the court may appoint an expert to conduct what is known in New Mexico as a custody…

Parent Child Attachment in New Mexico Child Custody Cases

Complex child custody disputes involve more than just arguments over holiday timesharing and times for exchanges. These types of disputes often involve allegations that the bond between a child and parent is irrevocably broken or was never properly formed in the first place. Further, one parent may object to a proposed timesharing schedule because it…

Financial Changes and Modification of Child Support

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…

Using Life Insurance to Secure Child Support in New Mexico

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…

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

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…

Rules Regarding Parental Fitness in New Mexico Kinship Guardianship

The New Mexico Kinship Guardianship Act (“the Act”) establishes a legal procedure that protects the relationship between a child and what is known as a kinship caregiver. Under the Act, a kinship caregiver is an adult who has been caring for a child as a parent would, but who is not the child‘s parent. A…

Retirement Accounts Must Be Addressed In A New Mexico Divorce

New Mexico is a community property state, which means that all of the property acquired by a couple during their marriage, or earned by either spouse, during the marriage is considered equally owned by both spouses. Accrued or vested retirement account benefits are considered community property, which means that, upon divorce, each spouse is entitled…

Parental Rights for Same Sex Couples in New Mexico

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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