Albuquerque Divorce Lawyer Blog

Emancipated Minors Can Receive Child Support

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…

Reunification Therapy in New Mexico Child Custody Cases

An unfortunate result of many divorces or child custody disputes is that children develop negative feelings toward one, or in extreme cases, both parents. These negative feelings can arise for a variety of reasons, which may or may not be the result of any intentional action by the estranged parent, but nonetheless can damage the…

Does the Federal Child Support Recovery Act Apply to You?

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…

What Does a Civil Order of Protection From Domestic Abuse Mean to You?

The New Mexico Family Violence Protection Act (“the Act”) gives courts wide discretion in providing relief for victims of domestic violence in the form of a civil order of protection. Beyond provisions to ensure the physical safety of domestic abuse victims, the Act also allows courts to provide for the economic needs of domestic violence…

The Children of Violent Homes: Severe Consequences of Domestic Abuse

Domestic violence cases generally involve more than just the abuser and the victim. The children that live in these violent homes are directly impacted by the abuse going on around them. Children are frequently witnesses to the violence or are used by the abuser to control the victim. In some cases the children themselves suffer…

Women Often Pay Child Support and Alimony

Clients often begin representation assuming that, when a couple is divorced, the husband will automatically pay the wife child support, and in some cases, alimony, which is in New Mexico is often called spousal support. The logic behind this belief is quite simple. Historically, the husband was typically the “bread winner” or “provider” of the…

Wage Withholding of Child Support Required in New Mexico With Few Exceptions

In New Mexico, the courts are required to address child support in any divorce involving minor children, or other determination of custody. The amount of child support is calculated based upon the income of the parents, specific child-related expenses, and the parents‘ custody arrangement using what are called child support worksheets. The payment of child…

Will Your Child Have To Testify In Your New Mexico Domestic Violence Case?

Unfortunately, sometimes the only witnesses to an act of domestic violence or abuse, besides the abuser and the victim, are the children. After a child is identified as a witness comes the question of whether the judge, hearing officer or special commissioner presiding over a domestic violence case will allow a child witness to testify….

Pet Custody Battles – More Common Than One Might Think

Imagine spending your life savings on legal expenses to regain possession of a pet after a breakup. Well, that is exactly what some are prepared to do to maintain possession or custody over the family pet. Though this may seem extreme to some. It is not for dedicated pet owners who view the pet as…

Community Debt After Divorce – Few Remedies to Protect Yourself After the Fact!

According to New Mexico law, all debts incurred during a marriage are considered to be community property and will be divided equally between the spouses during a divorce. Separate property is individual property acquired before the marriage through purchase, gift, inheritance, and property that has otherwise been legally established as separate property. What many people…

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