Legal Question in Family Law in New Mexico

Re: Child Support

The easy answer and course of behavior here is to

take the mother to court. However, what you have

not said makes me want to ask more questions.

First, you did not say whether your husband and the

child's mother were previously married. Were

they? Does he have a court order directing him

to pay child support? If not, why not. The

court exists to put an end to disputes. From what

you write I see a dispute between the two house-

holds and the daughter is caught in the middle.

Because, as you say, the mother keeps changing the

amount due the way to deal with that point is to

file a motion (or petition) with the court and

ask for a hearing.

Next, and before you go to the hearing, send a

certified letter (return receipt requested - and

keep a copy of the letter) to the mother and ask

her for a copy of her last year's income tax

return (or W-2 statement) and for year to date

income information. When you make this request

enclose the dad's similar information with the

letter to the mother and say in the letter, "I have

put a copy of the dad's similar information in

this letter for you to see. After you have

received the information from the mother go to the

public library and ask the reference libraian to

point you to the New Mexico Statutes Annotated.

They are BIG red books. Once you get to them find

the one (usually in Book numbered 7) for Chapter

40 Section 4-11.1. that's the Child Support law.

You will find therein a table of numbers and at the

end of that table of numbers you will find what

is called Worksheet A. There are instructions

there to tell you how to fill it out. You have

to add mother's monthly income and father's monthly

income to get a total monthly income. Once you

have the total monthly income for both parents

then you use the charts. Follow the instructions.

After you have calculated the math you will know

(with some [not exact] certainty what a judge will

set child support at. If the child is very young

and the mother has daycare you will have to use

the day care number as a part of what and how

you establish child support.

Last and foremost - when you go to court - tell

the truth and keep it short. Don't argue with

the judge and when the judge starts talking - you

start writing down what he/she says.

You are welcome to write back with more questions.

Good luck.