Legal Question in Family Law in New Mexico
My husbands Ex wife changed her parenting time oblication from everyother week for 7 days to only the weekends : Friday night to mid-day Sunday, for the last 6 months due to her living situation. During this time she paid us no child support and always claimed she had no money. Recently we found that she has been making quite a bit of money and now she is wanting us to pay her child support as her living situation has now changed and she is keeping the kids everyother week again. Are we able to file paperwork to get back child support from her?
1 Answer from Attorneys
Your husband can file an order to show cause to ask the judge to order her to pay the back child support. Any changes that are made in custody/visitation must be made in writing between the parties, and that should be followed by a motion to the court to change the child support if the new arrangements (or any other changes in the financial situation of the parties) will change the amount of child support by more than about 20%. Nobody can stop paying child support without an order from the court, because the child support is owed to the children and not to the parents, so the parents can't agree to change it.
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