Legal Question in Family Law in New Mexico
Child Paternity Testing
I am divorced now for 3 years. Approx. 1 year ago I got a letter from CSED stating that she is claiming that a child that she had right after the divorce went through is mine and she is having $ withheld from my paychecks. I requested a paternity test but CSED lost the paperwork. I have since spoken to them stating that I want a paternity test done anyway & they are telling me that since we were legally married at the time of conception that I have to pay the child support. I have pain a couple of thousand $'s already and now they are saying that they are going to withhold my taxes because I owe over $6,000. I am not opposed to paying child support if this is truly my child but, I need to know this for sure. I do not have the $ to pay an attorney to help me and the CSED people are not willing to help me at all because they are now thinking that I am a dead beat dad. I have offered to pay for the paternity test myself but they said I can not make her go take the test. I am at my wits end and do not know what to do. I have since gotten engaged to another woman and we are expecting our first child in September. Any advise you can give me is greatly appreciated.
Thank You.
--name removed--Scritchfield
1 Answer from Attorneys
Re: Child Paternity Testing
Look at my answers in the archive to other people about how to get into court and file your own action. Since you have a divorce decree you can file a motion on your own in the divorce case and seek to have a determination about whether you are the father of the child or not. When you get before the judge that is the time to express that you are willing to take a paternity examination. If you do not have the funds to pay the filing fee that the court has (I am assuming you are in 2nd judicial district by your zip code) then go to the 'pro se clinic' (I believe it's on the 2nd floor of the Bernalillo County Courthouse) and ask for forms for 'in forma pauperus' (my spelling may be off) - or indigent forms.
While I understand the legal argument that CSED is expressing to you my general sense is that they have to have a court order that establishes you as the father. You did not mention in your note that CSED took this matter to court and had you adjudicated as the father of the child. That is an important first step to look into before you proceed much further.
Good luck.
the Law Guru
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
