Legal Question in Family Law in New Mexico

You are in that place generally known as between a rock and a hard place. On the one side you need the government (CSED) in your case and on the other side you find that like most government things - they appear somewhat inept. Here's how to get them hopping & moving on your case. First, get a local ~ private ~ family law attorney in your town and second, talk with the lawyer about filing an "Order to Show Cause." Third, once that is filed the attorney can "Notice" CSED and then (fourth) CSED will have to start working on your case. CSED has some statutory remedies available that the private attorney cannot obtain. That is why you want them in court; however, you have to move them; they will not move on their own. (It's not personal it is just that they have TOO many cases. When you are standing in a line with 7000 people it seems like a big line, yes?). However, if they (CSED) are still giving you the runaround then call the governor. He has a telephone number on his web site just so people can call him up and tell him about not getting the service for which they are being taxed. (He really cares - and you really won't get to talk to him but you'll be surprised how fast they start working on your case).

You can have CSED pull the lady's driving license. In fact, any license she has in the state can be pulled until she pays up. You can tell both your lawyer and CSED that you want the person put in jail until she comes up with a substantial amount of money. CSED can tell you exactly how much (with interest) she owes. Don't make a compromise on the jail time. If she is really not paying or only paying a 'pittance' stick to your guns and demand jail. She goes to jail for violating a court order not for failing to pay child support. Besides, we have jails for people who need them. Don't deprive this dear woman of what she needs. (If anybody asks you you can say something like "Oh, I don't know - some law guru told me jail was good for some people.").

Also, there are some things in your question and in my answer that your private lawyer would like to know. It is difficult to ask complicated questions and tell your story all in writing with a 'character limitation' built in. Expect the lawyer to want to see ALL the orders and ask detail questions about the mom and some questions on visitation. Don't take it personally or think she or he is not on your side. Your lawyer needs full disclosure and also needs to be ready for the unexpected. Lawyers live on details - so feed him or her well. Last, since it sounds like you are the "new" wife don't make this look like you are the vindictive 'new' wife. Husband is going to have to drive the bus on this one. He can sign permission for you to talk with CSED but he will have to sign papers and hire the private lawyer. You might need to push him through the door but once he's in the room you need to think about taking the back seat; wring your hands and say things like, "oh, those poor children what ever will they do (now that their mother is about to be a jail bird)?" (Or . . . . . . . something like that . . . . .). Be nice. You CAN get this done and she WILL get the message. Kids matter. The judges and the hearing officer in your town believe that and they will help.

Hope this helps. Good luck.

Law Guru