Legal Question in Family Law in New Mexico
I have a serious question . I am from Farmington NM well this is a very complacted issue . I was orderd into mediation with my son's bio father to decided visitation well durring all of this My son's bio father and I did a open adoption agreement , where he signed his rights to my son away but I had to agree to forgive the back child support of almost 9,000 and the current monthy amount . Well The mediatior drew up the agreement . But the child support was orderd in oct of 2011 and he had 15 days to state his responce to it and state why he should'nt pay but he never did . And The county Attorney for child support review our case becuse my son's bio father took them the agreement that was sighned on Dec 5th 2011 and the County Attorney Review them and said that they were not valid and he still had to pay the child support and at this point I have 3 checks from them I was told that I did not have to return the money to my son's father becuse we have a court order. Well I was also told by the County Attorney that a judge must sign off and vacate the child support order and becuse it was done thro a mediatior its not valid . He said it is a modified parenting plan .. And I was told that until my fiancee adopts him his bio father has to continue support period . And my son's bio father filed a motion in court to have them finalize the agreement he did that thursday . And he is asking to have our open adoption agreement finalized and that his rights be severd as well as haveing the child support stoped and the money returned and that his tax refund be returned .I filed a motion asking to have the next day to have them finalize the agreement and sever the bio dad rights I was told to not include anything concerning child support or past amount due , becuse child support was takeing it back to court since he is fighting it .. We filed the open adoption agreement on Dec 5th 2011 . I just need to know if what we agreed to is even legal? Becuse I have been told it is not .. And if a judge will actually grant it ..
1 Answer from Attorneys
I can't understand your situation or your question. I suggest you get an attorney to review the case.