Legal Question in Family Law in New Mexico

child support and workmans comp

i have gone on workmans comp 12/31/06 I am still on workmans comp and awaiting second check. I am paying child support through Child Support Enforcement in Austin Texas. My divorce is in New Mexico and my work comp is in Arkansas. Can Child Support Enforcement harrass and threaten my drivers license and more even while I am on workmans comp? I am a truck driver and it is going to be my only source of income when released from workmans comp. My obligation is $1050.00 per month. I am not looking at trying to stop paying but am just trying to see if they have the legal right to harrass me as I recieve my checks I am sending them $800.00 every 2wks and my work comp checks are 976.00 every 2wks. But I have not yet recieved payment that was due on the 29th. They said work comp chk snt out on the 25th. Do I have any legal rights?


Asked on 1/31/07, 12:08 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: child support and workmans comp

Child Support Enforcement, nor any bill collector, cannot harrass and threaten. While it may seem to you that they are harrassing you and threatening you they would probably say they are simply doing the job of collecting child support. However, if they are threatening you then you should bring such behavior to the attention of the court and the judge will address their behavior.

Be that as it may, your part in this action is to file a motion to change your child support by virtue of your injury which has left you with reduced income. You live in a city where the district court has an active "pro se" program and if you go to the district court you will find someone who will assist you in giving your direction on how to file a motion. You can also hire an attorney to do this for you. That's what attorneys do ~ they file motions and argue on behalf of their client. The difference between someone telling you that you have to fill out this and fill out that and then go stand in front of some window and give your paperwork to someone and an attorney is that the attorney can listen to the nuance of your situation and they know how to draft the paperwork so it is clear as to what needs to be done. Also, if their client is feeing "harrassed" (as you put it) they do what they can to help stop or reduce the harrassment.

Child support is based upon your earnings. If your earnings have been reduced then it is your responsibility to notify the court (in a timely manner) when circumstances with your income have change. From your post it sounds like you have an injury that has resulted in reducing your income.

Good Luck

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Answered on 2/01/07, 6:47 am


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