Legal Question in Family Law in New Mexico

Child Support

My ex-husband (E) wants proof that my ex-boyfriend (A) is paying child support for our child. If not, he (E) is going to take me to court to find out if he (A) is paying me child support, because he says that he (E) needs the money for our other two sons. We have joint custody and I have been pulling the weight with him as far as finances go. Can he take me to court for child support for a child that isn't even his? Thanks.


Asked on 2/26/07, 1:14 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Child Support

As we are want to say in the business 'this is America and anyone can take anybody else to court anytime.' The real issue is can the person taking you to court win? Under the circumstances you have described it sounds like one parent wants to make sure that some other parent is paying you child support? If that is accurate I cannot believe that his position has any relevance and if he gets you into court the judge will tell him to only talk about the case between you and him once you begin objecting.

You did not state which children related to which EX are older. That age relationship is relevant in determining whether you get a credit on your child support obligation. However, as it sounds like you have custody even that inquiry falls into the 'so what' category. Thus, unless there are facts in this case you have not stated I cannot think of a situation where a judge will over-rule an objection by you on relevance when your ex-husband begins this line of questioning.

Good Luck.

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Answered on 2/26/07, 7:06 am


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