Legal Question in Family Law in New Mexico

Child Support Arrearage

I have just started paying child support for two children I

fathered out of wedlock. Their ages are 14 and 17. I

have not seen their mother in 15 years and wasn't even

aware of the second child until last year. In addition to

the child support I am currently paying, I am also

supposed to pay $87,000 in past child support,

although I was never served with child support papers

until last year. Is this a valid request? How far back can

she file for child support in New Mexico and once these

children turn 18 (emancipated) will I have to continue to

pay the $87,000 forever? I certainly don't have that kind

of money although they are taking out extra in addition

to my child support in efforts to reduced this debt. It

doesn't seem fair that she can wait 16 years before

filing for child support and then claim all of this

arrearage.


Asked on 9/28/04, 4:22 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Child Support Arrearage

Looks like you're in my neighborhood. You have not given enough factual information to render an opinion. One major consideration here is whether and by what means paternity was/is established and whether the spouse or children ever received public assistance. If that is the case there may be substantial arrearages.

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Answered on 9/28/04, 7:29 pm


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