Legal Question in Family Law in New Mexico

My ex-wife has primary custody of our 17 yr. old son. He has been living in Michigan with his uncle her brother for the last two years. I got behind on my child support obligations when I was laid off. At that time he was already gone from her home, she did not tell me this either. I have gone to child support here, locally, trying to get some help. Their idea of help was to raise the payments up another 100.00 a month to a tune of 700.00. My question is, is she legally entitled to child support if any with our son living with her brother?


Asked on 1/24/12, 8:11 am

1 Answer from Attorneys
George Chandler Chandler Law of Los Alamos

The short answer is yes. But she is not entitled to it, your son is. The child support is owed to the child, not the mother, and must be used to support the child. You can go to court to get a change in support based on changed circumstances but you've probably waited too long to be able to do anything effective about what you already owe. Be sure to get an order allowing you to stop payment when he turns 18. You should discuss with a lawyer the particulars of your case and to see if you can take some action to make sure the money is going to her brother for the benefit of the child.

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Answered on 1/24/12, 8:10 pm


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