Legal Question in Family Law in New Mexico

Child Support

In 200 a civil case was brought against me by mother of child. Mother of child did not have legal custody at that time, and still does not. Judgement for support was ordered against me. I have been paying support. In mid-2005 I recieved a dismissal for lack of prosecution on the paternity suit. I am confused and do not understand the meaning here. It was dismissed without prejiduce and I never went to the case as I never knew because they served the papers to the wrong person, my father, my father who has the same name, as we have realized in recent years. What is the deal here? I am confused as to my rights as I never signed custody to anyone and wonder why I am paying support to someone who does not have legal custody of the child.


Asked on 11/27/06, 7:48 pm

1 Answer from Attorneys
Steve Chlouber Fuller, Chlouber & Frizzell, L.L.P.

Re: Child Support

By law, a mother of a child born out of wedlock has custody of a child until a court order provides otherwise. You may have signed a paternity affidavit at the hospital or a default order may have been entered against you. If you need legal reprsentation and live in northeast Oklahoma, you can email me directly at the email address listed in the footer.

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Answered on 11/28/06, 10:29 am


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