Legal Question in Family Law in New Mexico

Re: Modification of parenting plan

I'd say that it sounds like you have a pretty good position to get the relief you are seeking. Of course, no one can predict what a judge will say but, if all the facts are as you represent them then the primary area of concern will be how your move will change the visitation plan. In this area the questions will be how old are your children and do they visit with their mother and their step-siblings. I would imagine that the court will be concerned about that relationship. If you are arguing this before the court you should be concerned about it, too.

Another area of concern will be recalculating child support after you obtain the new salary. This may be something that the mother is acutely aware of and does not want to see changed. A quick stop by your neighborhood child support office will get you a print out of arreas owed and it's a nicely typed up report. Perhaps, in your discussions/negotiations with the mother in this area you will be able to do some horse trading.

One of your arguments (to the judge) sounds like you are saying, "well, if she paid the child support I might not have been looking for another job that paid more money. But, since I did start looking around now I know I can do better for me and the children." It's a sound argument.

I always encourage folks to stop by and visit with a lawyer about this area of law. If you don't have an attorney ask around and try to find one. There are some attorneys in your town who are practicing a new kind of family law called "collaborative law" and it seems to have some very positive points about it that may work well in your case. If the lawyer you find doesn't know about it then ask that person to make some calls and find out who is doing this. It'd be worth your while to investigate it.

Good Luck.