Legal Question in Family Law in New Mexico

Re: Disability income

You should be filing a motion to review child support or a motion to change child support. Child support can be changed due to a change in circumstances. The judge is the one who makes the determination whether the circumstances are sufficient to warrant a change in the child support but if your case is as you have described then it sounds to me like you have the good faith basis to go to court and have the court review the child support. It is important that you file your motion as soon as possible - even if you and she are dealing with each other cooperatively. It looks like you are in Second Judicial District and that court has a Pro Se office to help you. Go see them.

The law also allows you to write to her, once per year, and request her income information. the statute, �40-4-11.4B, allows you to ask her for

a. Federal and state tax returns, including all schedules, for the year preceding the request;

b. W-2(s) statements for the year preceding the request;

c. Internal Revenue Service Form 1099s for the year preceding the request;

d. Work-related daycare statements for the year preceding the request;

e. Dependent medical and dental insurance premiums for the year preceding the request;

f. Wage and payroll statements for the four months preceding the request.

g. The wages of a subsequent spouse may be omitted from the financial information provided by either party.

So, send her a certifide mail letter (make a copy for yourself) and ask her for a copy of that information. If you want to be a cooperative person then send her that same information on yourself when you make the request from her. After you get the information then go to the website www.nmcourts.com and at the NM Supreme Court's page there is some reference to 'family law' or the child support worksheets. You should be able to get a ball park idea of what your child support should be set at.

There are lots of other factors to consider in changing child support and addressing the matter of your disability. This bulletin board does not allow sufficient room to address all those other factors. You should go and talk to a family lawyer. If you do not know a family lawyer then look at some of my other posts and see what I have said to others about how to go about finding a lawyer.

Good Luck.