Legal Question in Family Law in New Mexico
DeadBeat Dad--Master: How to collect child support and decree enforced payments
Deadbeat Dad discovered in NM,CSS process started. He has been called to court, paid 3 mths CS then stopped, a hearing is pending to determin ownership of jt Checking acct that was frozen by the court.
My question is from NE what can I do to start collection proceedings for those other items in the decree that he is responsible for....hospital and medical expenses for the children, joint debt fees that were to be his responsibility. Is this still a Family Law issue or is it a Small Claims Court issue? Do I start the state of NM or because the divorce was filed in NE do I need to proceed from this state? I am prepared to do all and any research to put this into motion.
1 Answer from Attorneys
Re: DeadBeat Dad--Master: How to collect child support and decree enforced paym
Because your question involves enforcing a divorce
decree across state lines; i.e., enforcing the court
order of one jurisdiction into another jurisdiction
you would be best served to sit down with a family
law attorney and get some advice. Your question involves
(a) child support issues which CSS will attempt to
do something about; (b) child support issues [medical
expenses] which CSS will likely NOT handle; and (c)
divorce property/debt issues which CSS will NOT
handle at all (that is not part of what child
support services does). You will have to have your
divorce decree domesticated in the foreign state
(NM) and you will have to begin this process in
your state NE (where the divorce decree) was granted.
Once you have filed paperwork in NM (the foreign state)
you will have to have a court hearing in that state.
The entire process of domesticating a foreign decree
and then enforcing it is a legal procedure which is too
lengthy to discuss in this note. [Perhaps if you search
the database at law guru you might find where some-
one has discussed that procedure]. While it is
commendable that you want to do any and all the
research you can do on your own - what you need to
do at this point is take action not do research.
What you are suggesting by saying that you can do
this on your own 'if you just could do the research'
is not significantly different than saying that you
could do your own surgery - if someone just told
you how to do it. The question you need to ask
yourself is why do you not want to spend the money
and buy (even an hour's worth of) time from a lawyer?
You might find the return more profitable than
doing hours and hours of research which may teach you
what is happening but not how to do it. If you do not
know how to find a lawyer your state bar will have
a listing of lawyers who work in domestic or family
law. Call them and ask for several names. Then
call the lawyers and interview them. Find someone
who is willing to explain the processes involved
in your case and who is willing to make some
"educated guesses" about what all is involved in
collecting the debts and the medical costs you
need collected. At least if you have an educated
guess in your pocket you can then make decisions
about how to proceed with a more firm grasp of the
processes involved. Good luck.