Announcement

Collapse
No announcement yet.

child support for children with different mothers new mexico

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • child support for children with different mothers new mexico

    My situation is this. I have been divorced for 3 years. I have a 5 year old and have never made my ex pay child support. When we divorced, I gave him joint custody and I was even ordered to pay him child support because I made more money. He left town 1 week later and has never had my daughter for 1 day. I have never paid any support to him because of this. He has only seen her 3 times. He lives only 4 hours away. He now has a new baby with another woman and I am afraid if they break up she will get child support and if my daughter ever needs it there will be nothing left for her. I pay all insurance, and ultimately everything else. What should I do? Should I file for sole custody with child support? What is the law regarding subsequent children and filing? Is it which child is born first or which child files first? I tried to be nice for my daughter's sake and only ask for help when something came up. But he always promises to help but never delivers.
    Last edited by methola; 05-18-2006, 10:31 AM.

  • #2
    Methola...please file for CS today. You can get a temporary order very quickly, and he will be ordered to pay you support, since he has been exercising no visitation - that is, he has 0 overnights with the child per year at this point. It is his responsibility to help you raise the child, whether that be financial, custody, or a combination of both. You said you were ordered to pay him child support before...is that order still in effect? If so, you need to file for a modification based on his abandonment of the child.

    To answer your question, the mother who files first will have priority, regardless of the age of the child. That's another good reason to file for CS today - even if you decide you don't want the support for whatever reason, it's better to get a court order now.

    The custody issue is different and seperate from child support in most states - not sure about New Mexico but I'm sure someone here can help with that.

    It's admirable that you are trying to be nice for your daughter's sake - but the issue is really one of his responsibility to help raise your child.

    Good luck to you!

    Comment


    • #3
      If nothing else, you might want to file to modify custody so that you are off the hook for CS. As it stands right now, regardless of the father not taking the awarded custody, he is still entitled to claim the CS that the court awarded him, presumably for three years in arrears, until you get an order modifying custody. Though it is unlikely (at least in my state) the court would ultimately make you pay the CS given the custody as it has played out, CSED won't be so kind if your ex- wants to move on the established CS until a new order is in place from the court. As far as CSED is concerned if a complaint is made, you would be in arrears on CS under the current order.

      In your motion to modify custody, you will want to state the custody you have actually had and the circumstances as you've described them. You can also request in the motion for a modification of CS, but you will probably (don't know New Mexico) have to file additional forms as well. Here there is a specific form for modification of CS which is separate from modified custody.

      Your ex- is responsible for CS (as you would be) for his child by you and his current child....He is responsible for both, not at the exclusion of either child where a court order is in place. However, at the moment you are responsible for CS paid to him....

      Comment


      • #4
        Originally posted by methola
        My situation is this. I have been divorced for 3 years. I have a 5 year old and have never made my ex pay child support. When we divorced, I gave him joint custody and I was even ordered to pay him child support because I made more money. He left town 1 week later and has never had my daughter for 1 day. I have never paid any support to him because of this. He has only seen her 3 times. He lives only 4 hours away. He now has a new baby with another woman and I am afraid if they break up she will get child support and if my daughter ever needs it there will be nothing left for her. I pay all insurance, and ultimately everything else. What should I do? Should I file for sole custody with child support? What is the law regarding subsequent children and filing? Is it which child is born first or which child files first? I tried to be nice for my daughter's sake and only ask for help when something came up. But he always promises to help but never delivers.
        Which child's support order is issued first.

        If the child support that you were ordered to pay was court ordered, you are going to need to catch up on that, as you never filed for a modification. If you want to go after him for cs, then file for sole custody and cs.

        My non-legal advice is to leave this alone, unless you are afraid that he is going to take your daughter. You have gotten away with not paying support (even though your daughter was living with you, you still had the court order in effect that states that you must pay support) and you have had your daughter with you with NO interference in how you live your lives. If you file for custody and support against him, he may retalitate with the legitimate claim against you for contempt for not paying the support. If you have not needed support from him in the past 5 years, why would you need it in the future, and why would you base what you might need on whether or not his other child will get more IF they split up? That's alot of ifs and maybes. The only certainty is that you are in contempt, and you will have to pay if this is brought to the court's attention.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          sorry we were posting simultaneous replies....yes whomever has an order in place will take priority.....

          Comment


          • #6
            Originally posted by mommyof4
            Which child's support order is issued first.

            If the child support that you were ordered to pay was court ordered, you are going to need to catch up on that, as you never filed for a modification. If you want to go after him for cs, then file for sole custody and cs.

            My non-legal advice is to leave this alone, unless you are afraid that he is going to take your daughter. You have gotten away with not paying support (even though your daughter was living with you, you still had the court order in effect that states that you must pay support) and you have had your daughter with you with NO interference in how you live your lives. If you file for custody and support against him, he may retalitate with the legitimate claim against you for contempt for not paying the support. If you have not needed support from him in the past 5 years, why would you need it in the future, and why would you base what you might need on whether or not his other child will get more IF they split up? That's alot of ifs and maybes. The only certainty is that you are in contempt, and you will have to pay if this is brought to the court's attention.
            A very good point there, mommyof4...perhaps best left alone, at least for now

            Comment


            • #7
              true on the let sleeping dogs lie tact, but you will continue to accrue arrears on the current court order CS unless you modify the custody and subsequently the CS order in place...so there is a risk. On the other hand he may be willing to go along with modification of custody if you reach an agreement with him on the whole CS issue.

              Comment

              Working...
              X