Legal Question in Family Law in New Mexico

My exhusband has never paid child support.He is in jail for 4 years and wants his child support payments to be reduced.I received in the mail today order for reduction in child support by his parents. Do I have to go to court if its his parents are requesting it and the papers were sent in the mail?


Asked on 7/22/09, 4:26 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

It's not clear to me what you got in the mail. If it was an order from his parents it means nothing, they can't order you to do anything. If he is under a court order to pay child support he may be using his parents to ask the court for a reduction in child support based on a change in circumstances (e.g., making 50 cents an hour making license plates or some such). In general the court won't consider being in jail a good reason and they should impute to him the income that he was making the last time he worked, based on full time employment, and order child support based on that. Of course if he's not working he can't pay it but it will accumulate and you will have to try to collect it when he gets out. You'll have to stay on top of him to get anything but that's how it works. If he gets up for parole or probation you can ask for payment of his child support obligations to be a condition of the parole or probation, contact the DA that got him locked up and ask for help locating the right place to go for that.

Look at the papers you received: if it has a heading on it that shows the court and judicial district then it was filed in court. If it requires you to file an answer then you should do that, go to the courthouse and ask for the papers you need to file a pro se answer to the pleading you received. If there is a hearing set you should get a notice, be sure to be there or the judge will have to give them what they ask in your absence.

If you can find a lawyer to show the document to you should do that ASAP. You could call Law Access New Mexico, FAX the document to them, and they could explain it to you. the phone number is 18003409771. It's free if you qualify.

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Answered on 7/27/09, 11:01 pm


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