Legal Question in Family Law in New Mexico

Re: Jobless

You don't say whether there is already an child support order in place. If there is, it can be enforced in New Mexico even if it's issued by a court in another state. If there is no order, you can get one. The court will impute income to him based on what earned at his last job or what he could reasonably earn if he gets a job, then, comparing it with your income, it determines what support he owes. Obviously if he doesn't have a job you can't get anything from his employer but the courts can garnish his income when he gets a job, and you can garnish almost any income he derives from unemployment or social security or most other sources for child support. If the court decides he's deliberately remaining unemployed to deny you child support you may even be able to get a contempt finding. Also you can get a judgment enforceable in another state against any property he may own in that state.

See a lawyer. If you're on any kind of assistance from the state (e.g., food stamps, TANF, Medicaid) call the Child Support Enforcement Division of the New Mexico Human Resources Department and they can help you. You can talk free to a lawyer by calling Law Access New Mexico in Albuquerque: one eight hundred three four zero nine seven seven one or five oh five nine eight eight four five two nine.