Legal Question in Family Law in New Mexico

Child Support

I was told I have a son of 3yrs old. I have been in the military for 2 yrs already. This girl has dinied me a DNA test. The boyfriend has his name on the birth certificate and she has been getting cash assintance since she was pregnent. The little boy now lives with the boyfriend while she is into drugs and trying to get her life back on track. Will I have to pay back all the money she got if he turns out to be mine? and what can I do to try to get custody of him if she lives in NM and I live in CO?


Asked on 7/09/09, 5:41 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

Re: Child Support

You should see a lawyer. You may be able to get assistance from the military lawyers on your base(I think they're called JAG).

You can file a paternity action in New Mexico under the Uniform Parentage Act, NMSA 40-11-1 et seq., to claim you are the father and the court can order a DNA test to test your claim. The name on the birth certificate creates a presumption of fatherhood but it can be rebutted by the results of a DNA test, the decision is up to the judge. Once fatherhood has been determined the court can determine custody and child support. The Child Support Enforcement Division could potentially try to recover for the cash assistance but they are flexible and the court can rule on it. If you're willing to step up and take care of the child the court and CSED should cut you some slack.

See a lawyer.

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Answered on 7/14/09, 8:42 am


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