Legal Question in Family Law in New Mexico

I have a court order to pay child support to my exhusband when we divorced. The custody is 60% him and 40% me. He has been in the federal prison for bank robbery since Feb, 2010 and should be releasd next year 2012. I've had full custody ever since then. When I filed income tax, my refund ($4000) was held back and given to him as back child support. I disputed it wih the child support division. It is on hold now unil we go to court in August, today I was told by my employer my pay will be garnished effective next week for back pay of child support. He has not supported the children since imprisioned. What will happen to that money an the garnishment when we go to court next month, will I get that money back as I am the sole provider of my kids? Will the garnishment stop?


Asked on 7/14/11, 4:11 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

You should go to the self help center at the district court in your jurisdiction (Albq.) and get help filing a motion to change child support - immediately. Bring a copy of your divorce order / child support order and they should be able to help you get on the road to getting this matter addressed immediately. Alternatively, you can hire a lawyer who could also help do this for you.

Good Luck

Law Guru

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Answered on 8/09/11, 8:28 am


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