Legal Question in Family Law in New Mexico

child support

I was divorced in 1990. All court orders involving child support since that date (latest Feb. 2004) state child support shall be paid until children are 18. My son will be 18 this year, my daughter next year. Current NM law states child support to be paid through graduation if child under 19 through that time. Does my support under court order stop with their 18th birthday month? Whether or not I plan to continue payment through next May is not a consideration. I'm asking if current NM law applies to a divorce in 1990 before this law and whether it applies even though it does not appear in any Court order. Appreciate your assistance.


Asked on 7/24/06, 7:37 am

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: child support

You did not say when your child turns 18. The answer is two fold: first, you have to ask the court to extend the child support through the time period that your child is still in high school or achieves age 19. Second, if your child is turning 18 in the month of July then you have to file your motion before the child turns 18. (You may possibly have until the end of the month of July but possibly not). You need to see an attorney immediately and discuss the matter.

Since you have waited until the very last possible moment to address this issue time is of the essence. You must act on this issue right now!

You stated that you have been to court on more than one occasion to deal with child support orders. If you have used the same attorney and you are happy with that attorney then go talk to that person immediately. Do not wait to talk to an attorney.

Good luck.

Law Guru

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Answered on 7/24/06, 8:53 am


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