Obtaining past and future child support

[SRanger]

What is the name of your state (only U.S. law)? New Mexico

In October 2010, a judge ruled to temporarily turn over full custody, of my 2 daughters, to me and ordered my ex to obtain a physiological evaluation and, once completed, go through a facility that provides supervised visitation services in order to see them. Since then, she's has not completed either task, but has had contact with our daughters via phone calls once or twice a week, with random periods of no contact for 2 - 6 weeks at a time. To this point I have not sought to obtain child support from her, because every occasion we've been in front of the judge she's continually claimed that she did not have a job, did not have a source of income, and refused to produce any tax paperwork that was requested. So I concluded that it would be a waste of my own money to not receive anything.

My ex has recently remarried and, from my understanding, his income is pretty substantial. This part may seem underhanded, and if it offends anybody I would like to apologize. If I go back to court to seek child support, both past and moving forward, would his income be factored in when calculating the amount? Does the state of New Mexico being a community state, have any barring on that decision?

Thank you in advance for any information provided.

 

[RRevak]

What is the name of your state (only U.S. law)? New Mexico

In October 2010, a judge ruled to temporarily turn over full custody, of my 2 daughters, to me and ordered my ex to obtain a physiological evaluation and, once completed, go through a facility that provides supervised visitation services in order to see them. Since then, she's has not completed either task, but has had contact with our daughters via phone calls once or twice a week, with random periods of no contact for 2 - 6 weeks at a time. To this point I have not sought to obtain child support from her, because every occasion we've been in front of the judge she's continually claimed that she did not have a job, did not have a source of income, and refused to produce any tax paperwork that was requested. So I concluded that it would be a waste of my own money to not receive anything.

My ex has recently remarried and, from my understanding, his income is pretty substantial. This part may seem underhanded, and if it offends anybody I would like to apologize. If I go back to court to seek child support, both past and moving forward, would his income be factored in when calculating the amount? Does the state of New Mexico being a community state, have any barring on that decision?

Thank you in advance for any information provided.

Short answer: Not in the slightest.

 

[Silverplum]

http://www.hsd.state.nm.us/LookingForAssistance/Child_Support.aspx

 

[Silverplum]

You joined in 09?

Deleted your thread/s?

 

[Ladyback1]

What is the name of your state (only U.S. law)? New Mexico

In October 2010, a judge ruled to temporarily turn over full custody, of my 2 daughters, to me and ordered my ex to obtain a physiological evaluation and, once completed, go through a facility that provides supervised visitation services in order to see them. Since then, she's has not completed either task, but has had contact with our daughters via phone calls once or twice a week, with random periods of no contact for 2 - 6 weeks at a time. To this point I have not sought to obtain child support from her, because every occasion we've been in front of the judge she's continually claimed that she did not have a job, did not have a source of income, and refused to produce any tax paperwork that was requested. So I concluded that it would be a waste of my own money to not receive anything.

My ex has recently remarried and, from my understanding, his income is pretty substantial. This part may seem underhanded, and if it offends anybody I would like to apologize. If I go back to court to seek child support, both past and moving forward, would his income be factored in when calculating the amount? Does the state of New Mexico being a community state, have any barring on that decision?

Thank you in advance for any information provided.

I do not believe that the new husband's income would be considered (most states do not consider the spouses income for child support purposes).

And ask yourself: Will dragging her back to court be worth the headache and hassle? Is this a hill worth dying on, so to speak.

Yes, she should be held financially responsible. Yes, she should be a parent. However, regardless of court orders, it is so very difficult to force a person to be a parent, to be responsible, etc. when they have no interest in doing so. (and you should know this as evidenced by your ex's lack of motivation to complete the necessary work in order to see the kids).

Now, since temp custody was granted in 2010, has that become a permanent order? If not, why not? If not, you can also petition the court to make the custody a permanent order and ask that child support be addressed.
But, do not hold your breath in hopes of seeing one single dime.

 

[Proserpina]

What is the name of your state (only U.S. law)? New Mexico

In October 2010, a judge ruled to temporarily turn over full custody, of my 2 daughters, to me and ordered my ex to obtain a physiological evaluation and, once completed, go through a facility that provides supervised visitation services in order to see them. Since then, she's has not completed either task, but has had contact with our daughters via phone calls once or twice a week, with random periods of no contact for 2 - 6 weeks at a time. To this point I have not sought to obtain child support from her, because every occasion we've been in front of the judge she's continually claimed that she did not have a job, did not have a source of income, and refused to produce any tax paperwork that was requested. So I concluded that it would be a waste of my own money to not receive anything.

My ex has recently remarried and, from my understanding, his income is pretty substantial. This part may seem underhanded, and if it offends anybody I would like to apologize. If I go back to court to seek child support, both past and moving forward, would his income be factored in when calculating the amount? Does the state of New Mexico being a community state, have any barring on that decision?

Thank you in advance for any information provided.

And the child support will generally only go back as far as the filing date.

 

[SRanger]

I do not believe that the new husband's income would be considered (most states do not consider the spouses income for child support purposes).

And ask yourself: Will dragging her back to court be worth the headache and hassle? Is this a hill worth dying on, so to speak.

Yes, she should be held financially responsible. Yes, she should be a parent. However, regardless of court orders, it is so very difficult to force a person to be a parent, to be responsible, etc. when they have no interest in doing so. (and you should know this as evidenced by your ex's lack of motivation to complete the necessary work in order to see the kids).

Now, since temp custody was granted in 2010, has that become a permanent order? If not, why not? If not, you can also petition the court to make the custody a permanent order and ask that child support be addressed.
But, do not hold your breath in hopes of seeing one single dime.

Ladyback, the temporary order included that once my ex completed the ordered tasks that she was to refile with the court to go back in front of the judge to determine permanent custody. As per my attorney's recommendations, which was based on my ex's lack of motivation to follow the judge's orders, we waited for my ex to actually refile. That has yet to happen. In fact, since she had not refiled in a timely fashion, the judge closed out the case in September of 2012, with the temporary order being the final action that occurred while it was still open.

 

[Ohiogal]

Ladyback, the temporary order included that once my ex completed the ordered tasks that she was to refile with the court to go back in front of the judge to determine permanent custody. As per my attorney's recommendations, which was based on my ex's lack of motivation to follow the judge's orders, we waited for my ex to actually refile. That has yet to happen. In fact, since she had not refiled in a timely fashion, the judge closed out the case in September of 2012, with the temporary order being the final action that occurred while it was still open.

And? File for child support now if you want. She will be imputed with a full time minimum wage income if she is not disabled. Her husband won't owe a dime in child support because he didn't create the children. If he doesn't participate in the creating, he isn't responsible for the supporting. The child support will go back to when you file now. You waited around. You chose to do that.

 

[Ladyback1]

And? File for child support now if you want. She will be imputed with a full time minimum wage income if she is not disabled. Her husband won't owe a dime in child support because he didn't create the children. If he doesn't participate in the creating, he isn't responsible for the supporting. The child support will go back to when you file now. You waited around. You chose to do that.

I can understand why he waited (doesn't mean he gets CS back to 2010). Some people are the eternal optimist, hoping that the people (Ex's in this case) will pull their head out of their anal orifice and do what is right for the children.
(and who knows, Mom choosing to be absent may be the best for the children)

 

[SweetSunflower]

From the NM Statutes:

NMSA 40-4-11.1 – Child support; guidelines.

For purposes of the guidelines specified in this section:
1."income" means actual gross income of a parent if employed to full capacity or potential income if unemployed or underemployed. ... the gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after remarriage


http://www.hsd.state.nm.us/LookingForInformation/child-support-enforcement-division-1.aspx

 

[Silverplum]

You joined in 09?

Deleted your thread/s?

Quoting myself to ask again.

 

[SRanger]

Quoting myself to ask again.

I think I may have deleted the only other thread that I put on here. But that was a while ago.

 

[Ohiogal]

I think I may have deleted the only other thread that I put on here. But that was a while ago.

Mosey along then. We don't like thread deleters.

 

[SRanger]

Mosey along then. We don't like thread deleters.

My apologies for removing a previous thread. If I remember correctly, I was asked to remove it, by a person involved, due to the nature of it's content. It implicated a local ADA involved in a serious wrong doing.

However, if deleting a thread, that I posted, regardless of my reasons, is going to create negativity, towards me, from other members of this community, I can close my account and move on, if that is what is being requested of me.

Thank you everybody for the information that has been provided on this particular situation.

 

[Silverplum]

I just wondered. I have no problem with you, except for your idea that Stepdad should pay for your kid.