New Mexico Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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Multi-State
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US-02228BG
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Word; 
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



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FAQ

Rehabilitative or transitional alimony is commonly awarded to those who were married for five to ten years and can establish that these payments are necessary. This usually occurs when a spouse quit their job or did not finish their education due to circumstance arising from their union such as having children.

New Mexico is a no-fault divorce state. Therefore, a divorce can be granted without having to allege or prove fault such as adultery, abuse, or abandonment. Additionally, New Mexico courts usually do not consider fault when distributing property or determining alimony/child support.

Some couples agree, in advance, to make spousal support awards non-modifiable, which means neither can ask the court in the future to adjust the order. However, absent an agreement to the contrary, the law in New Mexico permits judges to review spousal support awards if a change in circumstances exists.

New Mexico Alimony Basics Generally speaking, the court will consider: the spouses' ages, health and means of support. each spouse's current income, future earnings, and "earning capacity" (potential income based on education, job history, skills and employment opportunities)

Ing to the guidelines implemented in the state of New Mexico, if a spouse is awarded alimony, they could receive these payments indefinitely or for a set amount of time. The length of the marriage usually designates the duration of alimony.

One important fact to remember is New Mexico is a community property state. This means marital assets are generally divided equally between the two parties. If you and your ex don't work out your own division of property agreement, then the court will: Allow each of you to keep your separate property.

New Mexico is a ?community property? state and also an ?equitable distribution? state. This means that marital assets and debts are generally split 50/50 between the spouses unless another division is agreed by the spouses.

The formula basically assesses both parties' income following the dissolution of marriage. The recommended formula is as follows: In cases with no child support agreement: ?30% of Payor's Gross Income minus 50% of Recipient's Gross Income?

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New Mexico Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support