Legal Question in Family Law in New Mexico
Can a parent get child support if joint custody is in effect?
1 Answer from Attorneys
Joint custody sometimes is referred to by the lay person as the children living a little bit with each parent; however, "joint custody" is actually a 'legal term of art' meaning that the legislature has defined that term to mean a particular type of decision making by parents as it relates to their children. It is possible to have the children living exclusively with one parent but the parents share "joint custody." Thus, the answer to your question is a resounding "YES." In fact, the type of legal custody in effect, joint or sole, is not necessarily related to receiving or having to pay child support. So, go see a lawyer or go to your local self help center at the district court in your town (or where your case is) and file a motion to set or establish child support. The sooner you do this the better.
Good Luck.
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