How Do I

Divorce, Custody, and Child Support Questions

How long does it take to get a divorce?

In the case of a divorce where both parties agree on the community property/debt, a parenting plan, child support, etc., the divorce can become final fairly quickly. Uncontested divorces do not require any court hearings. Instead, uncontested paperwork, signed by both parties, is submitted to the judge’s office and the divorce is granted by the judge.

I am filing for divorce and don't make much money. My spouse makes the big paycheck. Is there any way I can get help?

Yes, by filing a Motion for Interim Allocation of Income and Expenses with the Court. The motion requires both parties complete a Statement of Interim Income and Expenses. At the hearing on the Motion for Interim Allocation, the Court determines if one party owes the other party a certain monthly income until the divorce is final. This motion and related paperwork is included in the free divorce legal form packets available in the clerk’s office.

My spouse won’t sign any of the divorce papers. Can I still get divorced?

Yes, you can still proceed with the divorce. If the respondent refuses to sign the papers, you are involved in a contested divorce. A contested divorce simply means the parties cannot agree on how to divide the community property/debt, a parenting plan, support, etc. In a contested divorce situation, a party asks the Court for a hearing on the contested issues in the divorce.

My spouse and I are divorcing and can’t agree on how to divide our property, how to share the kids, etc. What can we do?

Either party or both parties can ask the Court to refer their case to mediation at any time. The Court assigns an experienced mediator to discuss the contested issues, explore options and come to an agreement that satisfies both parties with the added goal of keeping the relationship between the parties non-adversarial. The cost of mediation is paid by parties.

The other party isn’t following the court order about visitation, support, etc. Why isn’t the court doing anything about it?

After an Order is entered by the Court, the Court has no resources to monitor the parties to ensure they are following the order. If one party is not following the conditions set by the Court, then the complaining party must file a Motion to Show Cause and demonstrate how the opposing party is not complying with the Court's Order. This paperwork is available in the clerk's office.Or Click here to Download and print it out. A hearing must take place.

The other parent won’t let me see the kids. What do I do?

If you are in the process of getting a divorce or establishing paternity/visitation, you may file a Motion for Temporary Visitation with the Court. The motion requires a hearing. At the hearing, the party who is not allowing the kids to see the other parent must have serious reasons why visitation is being denied. If there are no reasons, the Court will enter an order granting temporary visitation. This order remains in effect until the final parenting plan is in place.

Child support isn't being paid. What do I do? Can I stop the other parent from seeing the kids until it's paid?

Never withhold visits with the kids because child support hasn’t been paid. These issues are determined separately. You cannot punish the non-paying parent by refusing visitation with the kids. What you can do is file a Motion to Show Cause and demonstrate how the opposing party is not complying with the Court’s order to pay child support. This paperwork is available in the clerk’s office. A hearing must take place. At the hearing, the party who is not complying with the order has an opportunity to be heard.

I think I pay too much child support. Can I do anything about it?

How much a parent pays for child support is determined by New Mexico’s child support laws. To pay less requires that you show the Court an important change in your circumstances that seriously affects your ability to pay the support required by law. If this is the case, file a Motion to Amend Child Support telling the court what serious changes in your circumstances affect your ability to currently pay the court ordered child support.

How old does a child have to be before he/she can decide which parent to live with?

A minor child does not have the legal right to decide which parent he/she will live with. However, in determining visitation, custody or placement of a minor child, the wishes of the minor child is a factor the Court may consider in making the decision.

I want to move the kids out of the State of New Mexico. What do I have to do?

Check your parenting plan. Generally, the language of the plan states neither parent will move the children out of state unless both parents agree or the Court allows it. Unless the Court has granted you sole legal custody of your children, or the other parent agrees to the move, it is a complicated issue and will require a court hearing.

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