Legal Question in Family Law in New Mexico

I am being "seeked" to pay child support. To the best of my knowlage my ex had all my legal parental rights stripped from me. Abandonment I believe it was. How can it be that I might have to pay child support for a child that I have no rights, nor legal obligation to? I had to leave the marriage because I could not take the mental and emotional abuse any longer, and he gets me with this behind my back? I left the state. Not to say our child is not in good hands I believe that she is. The fact of the matter is he is on welfare, and the state wants to get the money they are paying him to be lazy and a non supportive father back. I am not employed nor have I been for the past few years. Our child is 3 now, I am confused and sincerely hurt to be learning all of this information now, instead of it being brought to my attention when he was doing this. What can I do, and can they seek child support from me?


Asked on 2/12/10, 9:28 pm

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

The law in this area is NM Statutes section 27-2-28. "Liability for repayment of public assistance." You can use one of the online services to find the law. You will see therein that the law says if someone is on public assistance then the state can go after the other parent for repayment and establishment of child support. While you may have thought that you had no financial obligation - (and to some extent you may be right if you had a court order that said something to the extent of "do not pay child support") - but, once someone goes on public assistance then the game changes. You have several options, however, most of the options include you finding an attorney and paying child support. Your note is not real clear as to what state you are in or even if you are in NM. I would suggest that you contact either, an attorney, legal aid, or call New Mexico law access. One of those options will get you started in the direction you need to go.

Good Luck.

Law Guru

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Answered on 2/18/10, 3:06 am


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