New Mexico Family Law - Modification - Contempt Questionnaire

State:
Multi-State
Control #:
US-Q1016
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of parties in a modification of domestic relations order or contempt matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney's case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire
  • Preview Family Law - Modification - Contempt Questionnaire

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FAQ

New Mexico courts decide custody based on the ?best interests of the child." This is the same standard as most states. What's different in New Mexico is at 14 years old, a court considers the desires of the minor rather than determining custody based on the best interest standard.

A request can be made for modification of child support orders in New Mexico if there has been a material and substantial change in circumstances. Generally, that means the current Order has been in place for one year and the new calculation is 20% higher or lower than the current amount of support.

How Much is Child Support for 1 Kid in New Mexico? A New Mexico court estimates the cost of raising one child at $1,000 per month. The non-custodial parent pays $666 monthly in child support for one child or 66.6% of the total child support obligation.

The changes must display a 20% increase or decrease in the child support obligation for a modification to be warranted. To request a modification, contact your caseworker. You will be asked to provide the following information: A completed financial affidavit.

Ing to New Mexico child support guidelines, payments may end when a child turns 18 (or 19 if he/she is in high school). So, child support generally ends then. Beyond that age, child support can only be ordered and enforced by the court if there is a written agreement between the parents to extend child support.

In New Mexico, the statute of limitations on a judgment already in place is 14 years. Therefore, if child support is older than 14 years old from a prior judgment there may be a valid defense against payment of obligations older than 14 years old.

Failure or refusal to obey the court's order may be punished by the court as contempt. A claim that giving testimony or producing evidence might tend to incriminate the person who is the subject of the order shall not excuse the person from complying with the court's order.

Child support or custody/timesharing can be modified in New Mexico by filing a Motion to Modify. The Motion to Modify must demonstrate that a substantial and material change in circumstances has taken place since the existing order was entered.

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New Mexico Family Law - Modification - Contempt Questionnaire