Legal Question in Family Law in New Mexico
Childsupport Modification
I live CO & my ex lives in NM. We have 2 children. Our divorce was filed in NM 5 years ago. My ex has filed for modification. I am unable to afford a lawyer so I will be representing myself. My question is: Do I have to provide copies of forms, letters, etc. to the judge and my ex's lawyer prior to the hearing or can I just present them at the hearing?
Thank you for your time.
1 Answer from Attorneys
Re: Childsupport Modification
When people in a legal action "exchange" documents that is called "discovery." The idea behind discovery is to allow everyone to assess a legal action prior to going to court. Sometimes, seeing the paper/documents before going to court will cause the other side to try and settle the case before going to court. If you wait and do not show the documents to them before going to court then maybe you blew your opportunity to have settled the case without the trip down to the courthouse. If the lawyer has asked for income tax returns, W-2's, 1099's and pay stubs those are generally legitimate documents to ask for before court. There is nothing wrong with you asking for the same documents.
The NM Supreme court has a place on the internet to help people figure out child support so that you can get an idea of what it should be. If you go to http://www.nmcourts.com and follow the links to the "family law forms" or something similar to that you can find the child support worksheet calculator.
I hope this helps. Good luck.