Legal Question in Family Law in New Mexico
Motion to Quash Answer
I drive a truck cross country. I've been divorced a number of years and my parent takes care of my financial matters with my Power of Attorney. My ex has (again) sued for more child support. I represent myself as I can't afford to pay her attorneys and one for myself. I gave the info to my parent that I wanted in the answer. She put it together and, after my approval, signed it using the Power of Attorney and filed it. My ex's attorney set up a hearing date for next week (one week's notice) - I'll make it but barely. Today I received a Motion to Quash my answer because my parent had signed it using my power of attorney. They also want my parent ordered not to practice law and to have no more involvement in any form in this case. I've several more years before my youngest is 18. I don't have the capability on the road to prepare and file my own paperwork. Is this just to harass me more (as in setting such a short court date knowing that it would be difficult for me) or is there something to it? Note - in her first marriage my ex's mother prepared her divorce papers.
1 Answer from Attorneys
Re: Motion to Quash Answer
I do not remember the case exactly (I might remember to look it up if you email me directly) but NM has a case that says it is okay to direct someone to sign your name do a document and when that is done at your direction you have adopted that signature as your own. In essence, it is the same as if you signed it yourself. [Rule 11 - which is what the attorney is trying to use here says everyone has to sign their own pleadings. The argument you are putting forth says I directed someone to sign my pleading for me after I reviewed it. It's the same thing as if I signed it myself.]
The attorney is trying to blow smoke (as is his job - sort of) and trying to make it look like you are doing something wrong. From what you have said you are not doing anything wrong.
Good luck with your case.
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