Legal Question in Family Law in New Mexico

Stepchild Support

Me and my girlfriend are considering marriage, she is currently paying child support to her ex-husband for a child from her previous marriage. The reason she has to pay is because the child spends more time with the father due to place of residence and proximity to school. My questions are as follows: 1) If me and my girlfriend get married will I become financially responsible for my spouses daughter along with her? 2) Will they base my wifes child support payment on our combined income after we get married? 3) Would I be able to sign some sort of pre-nuptial agreement stating that I do not wish to become financialy liable for my spouses daughter in anyway? Thank You for any info you can give me


Asked on 9/28/04, 12:38 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Stepchild Support

The straight legal answer to question no. 1 is "no". For no. 2 the answer is that in NM the law does not contemplate the income of a spouse for purposes of child support.

Be aware, however, that in any marriage there are lots of issues and matters about money that come into play. Because of the nature of your questions I'd suggest that you sit down and buy a 1/2 hour or 1 hr of time from a family law attorney and ask about these type of questions. The information you could obtain from such a conversation would be both fruitful and much more detailed than you'll get from an internet forum.

For no. 3 you need to sit down and speak with an attorney in more detail. There are plenty of attorneys who can answer the question for you but the issue about prenups cannot be easily answer in a public internet forum as the matter is quite fact specific.

You can call the state bar of N.M. and obtain a list of names of attoreys who practice family law or go the the website http://www.nmbar.org and look there at the Family Law Section board of directors and you can get a list of people to start with in looking for an attorney. The state bar web site may have a list of attoreys who are called "family law specialists" and that is also a good place to start when looking for an attorney. See my others posts about other ways to contact and find an attorney.

Good luck.

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Answered on 9/28/04, 7:35 am


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