The following form is a Petition that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
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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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.
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.
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.
Ask for a support modification You could ask the court to modify the support order if you have proof there have been significant changes that impact your ability to pay support. This includes changes in income, expenses and parenting time. Be sure to report any changes in your income immediately.
New Mexico law assumes that ?joint custody is best for children. Joint custody means that both parents make legal decisions (ie. school, doctor, dentist, activities in which the child participates), spend time with the children and are involved with them.
In New Mexico, if there has been ?a significant and material change in circumstances that warrants a modification of custody, and time-sharing? (in ance with NMSA 1978, § 40-4-9.1.), either parent can file what's called a Motion to Modify Custody and Time-sharing.
Child Support payments can usually only be changed if a material and substantial change in circumstances have occurred. This usually means one of the parent's income has either significantly increased or decreased or the timesharing split has been substantially altered.
