Legal Question in Family Law in New Mexico

Re: What state determines child support

The state where the divorce decree was awarded is the state is "continuous exclusive jurisdiction" over the child support order. So long as dad stays in NM if mom wants to change child support they'll change it in NM using NM law.

If your fiance chooses to move out of state such that neither party to the divorce is residing in the state where the divorce decree was granted then the part about continuous exclusive jurisdiction stars becoming sort of 'mushy' (at least it's legally mushy) - but, if you get into that part don't be writing notes to an internet bulletin board. Just go see a lawyer because things get fairly 'complicated' at that point. The law govering this area comes from a set of laws called (variously) the Uniform Interstate Family Support Act (UIFSA) [google it and you'll find a lot about it] and when you start reading it you begin understanding the concept about "every politician involved putting in their 2 cents worth." I think the people who wrote this were trying to get one up on the tax code. But, I digress. The bottom line if he and the ex are dealing with child support and more than original state plus one - get a family lawyer (a) who knows what UIFSA stands for & (b) who knows what to do with it.

Good Luck.