Legal Question in Family Law in New Mexico

Proper Procedure

I filed a Motion to Modify Child Support and received a hearing earlier. The Hearing Officer has not entered a Judgment because I have to apply to CSED so that they can generate an ID number. Then he will enter a wage with-holding order. Since the hearing my ex-wife and I have filed a stipulated agreement which affects the agreement made at the hearing. How do I gain another hearing? Must I file a new Motion to Modify? May I simply request a setting? The hearing officer does not respond to personal letters, and I have been unsuccessful at applying for legal help. Thank you.


Asked on 8/06/02, 3:40 am

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: Proper Procedure

This is an excellent question. I am not certain that you need a hearing to make an order adopting the agreement you have filed with the court. All you need is an ORDER ADOPTING AGREEMENT presented to the court. You could file a Motion for Presentment of Order an then request a setting for that Motion. (An attorney wouldn't likely to that but you are a party pro se). If you did that then you can explain to the court that you and for ex reached an agreement and show the agreement and then present the Order which will ratify and adopt the agreement as an order of the court. From the sounds of your note you have the basic premise down in drafting motions and request for hearing. In order to draft the order you need to follow a similar format of setting forth what has occured and then place a signature line at the bottom for the Judge to sign (in addition to a place for you and your ex to sign). You can see forms of orders at http://www.nmcourts.com and look at the link for Domestic Relations Forms.

Good Luck.

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Answered on 8/06/02, 12:13 pm


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