Legal Question in Family Law in New Mexico

I have sole legal and physical custody of my teenaged children, although they do see their father occasionally. When their father and I divorced, we shared joint custody, but due an excessive amount of back child support owed, and bankruptcy court telling me I had to file with them for debt owed on back child support, I went to a lawyer and sought full legal custody, which he volutarily signed off to me. In the divorce decree it stated that he was responsible for routine medical and dental care. Now ex-husband states that since I have legal custody of the children he does not need to pay for their medical/dental insurance or medical or dental bills. His parental rights were not terminated, he just signed over legal and physical custody to me. The physical custody was mine to begin with, he hardly ever visited with them for a joint arrangement prior to him signing custody over to me.

Thank you.


Asked on 9/27/10, 1:12 pm

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

While you actually did not ask the Guru a question I will assume you are wondering if your ex is responsible in the manner so described in the divorce decree. Annnnnd, the answer is: He is absolutely WRONG. He is responsible to follow the terms of the most recent order by the court. If the most recent order by the court only addresses legal custody then he has to go back to the most recent order addressing the issue of child support. If, as you describe, the only order on child support is the one directing him to pay child support and dental/medical insurance then that is the order he has to follow. You (or your attorney) can file an order to show cause against Mr. Ex and the court will take some strong action against him.

Good Luck.

Law Guru

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Answered on 10/02/10, 3:53 pm


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