Legal Question in Family Law in New Mexico

What is needed as proof of disability in a District Court when 2 hand written disability statements on drs scripts dated and signed were not even glanced at back in 2005. I was then demanded to obtain and retain a job and 2 weeks after obtaining the job, I suffered a Grand Mal Seizure and 7 days in the ICU received brain damage and Degerative Disc Disease and Cronic Pain Symdrome, severe depression and all over the stress of obtaining the job the court and CSED forced me to obtain ignoring 2 Drs disability statements? My child is 20 now and my ex and CSED are demanding jail time saying I have the ability to pay past support. I simply refuse too. Help me please? Tanya Hale (575) 415-1769 or [email protected]. Thank u.


Asked on 11/11/15, 7:08 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You leave out a lot between 2005 and 2015. You will have to be able to show the court you were unable to work the whole time, or whatever part of that time you were disabled, and what percentage of disability should be considered. Potential evidence would include doctor's testimony, perhaps disability claims if you applied for SSDI, income tax returns. Whatever income or even in-kind support you had during that time including SSDI could be subject to child support claims, . The court can impute income to you above what you earned if it believes you could have earned more than you did. It can go back a maximum of 12 years. You will probably find that the court will be unsympathetic if you did not file a motion to reduce the court-ordered child support due to changed circumstances after you were stricken in 2005.

I would suggest you get an attorney (not me) to negotiate something with CSED. They are kind of hard-headed sometimes but they are not totally unreasonable, they don't want to waste time in court if they don't have a good case, and if you make a good case to them they may not carry it into court. Any settlement you make with CSED will include a reasonable payment plan; they know you can't earn anything in jail and will probably only seek jail if they think you're sitting on some assets. That said, be sure you disclose all your assets and income and don't hide anything or transfer stuff to others.

Read more
Answered on 11/14/15, 3:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Mexico