Legal Question in Family Law in New Mexico
What does "as to form" mean on a legal document? My ex husband knew the judge at our custody hearding. The judge terminated his parental rights along with child support. My attorney wanted to fight it, I did not. I was not happy with the termination of child support- he paid a total of $100 in 5 years. The termination states that not only I cannot seek child support but my son is barred from ever trying to go after him for it either. But my attorny added to all the signatures ( which were mine, my attorney, my ex husbands and his attorneys) as to form. I didnt ask questions at the time. But she said she did it in case my son ever wanted to pursue child support. So my question is ,..what does "as to form" mean by the sigatures? That we simply agree the format was correct and that is all we agree to and not the actually context of the legal document? His attorney was green and had no idea my attorney added this to the form. His attorney asked my attorney to help him draw up the documentation.
1 Answer from Attorneys
From the description of the facts as you presented them the judge did not have the authority to make the ruling as you described. By that I mean that there is NO law in NM that allows a judge to stop all child support and there are cases that support the point that child support cannot simply cease being due. Also, termination of parental only comes into play if there was an adoption or if Children, Youth and Families had brought abuse and neglect charges against your ex husband. You did not say if this was an adoption or a Children, Youth and Families case.
Where your attorney put "as to form" on the order that is an antiquated way of indicating that a person does not agree with the results but signs the order 'as to the form' presented. If your description is correct you have had a significant legal right taken away from you (the right to support for your child); your child has had legal rights taken away (and from your description it sounds like your child did not have an attorney) and you should consider taking immediate steps to remedy by rehearing or appeal the judge's ruling. Your attorney has obligations to you to inform the court if you want to appeal. You should speak to your attorney immediately and take the proper legal steps to remedy this matter.
Good Luck.
Law Guru
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