Legal Question in Family Law in New Mexico

In NM, I have a decree that states the visitation expenses are divided by percentage. When my ex-spouce has sent me a bill for this, I have paid. He has not always sent a bill, and after the first time of hounding him for a bill, I quit requesting one. I have never refused to pay my percentage, just never got a bill for it. Now, I have requested that he pay his percent of the visitation amount and he refuses. I have many statements from him refusing in e-mail form. If I go ahead with the motion to enforce, can he bring up these past times claiming that I refused to pay? Would he need proof that I refused or would I need proof that I payed. Is there a time limit on this? Thank you for your help.


Asked on 1/19/10, 11:40 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Any time there is a change in circumstances, one party may return to court and ask that the Judgment be enforced. Any party attempting to collect from the other party must prove that money is owing, to a preponderance of the evidence.

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Answered on 1/24/10, 12:05 pm


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