Help in NM

Need help in New Mexico

What is the name of your state?NM

This may be a lengthy post. My husband was married and divorced in Texas. The divorce decree stated everything how much to pay in child support (400.00) etc and specifically stated if it is not in the divorce decree that (word for word) It is decreed that all releif requested in this case and not exmpressly granted herein be and is herein denied. So my husband moves to Colorado and the UISFA laws state other states can modify another states order only when it comes to the support and not anything else http://www.law.upenn.edu/bll/ulc/uifsa/final2001.htm
So My husband has an order to pay for 155.00 and had since 1994. He was also ordered to pay 13,000.00 in arrearages. Now the judge writes in this order from Colorado (Word for Word) The obligor is advised that this sitipulation and or order is soley for the purpose of enforcing paymnet of the child support obligation and does not supersede or modify other court orders entered in other courts or actions regarding his support obligation. Any such order may be inforced in full without regards to this order.

So now NM and Mass CSA says that that the last part ment they can enforce either order??????????????????? We have talk on the phone to some that says no it means were you ordered to pay for child care? or Private school? The Colorado judge could not change those parts of the divorce decree. Now we had this peice of junk attorney and were in court and the judge says is there anything else you want to add (Mind you they claimed he owed $50,000.00 in support paments) my husbands attorney says don't say nothing I think I misread the law. $50,000.00 of money orders in the brief case and nothing was brought up. So judgement of $50,000.00 was entered. My husband filed a pro se appeal and the District Judge turned it down. So went to turn the attorney over to the bar and low and behold in NM they are not accountable to anyone. So now the X wife is all over this. Husband has been unable to work for 2 years. He sells real estate and they took that license. He has sold it since 1976 so what does he do go to a fast food place? He did apply at Safeway and was told he has made to much money all his life that they were afraid he would not stay and so the job went to someone else. How can a judge not inforce the CS laws I included a web sight to go to for you all to read. I will post it again http://www.law.upenn.edu/bll/ulc/uifsa/final2001.htm If anyone has any other ideas for us I can sure us them. I have high Blood Preasure and this xwife of my husbands is going to kill me ( the stress). OH She also has the kid brain washed and held hostage from my husband.

Have him whipe out $50000.00 in M/Os,make copies and send it to CSCU as proof. Before he does make a written request for a printout of his case.

Compare them .

He did not send it through the Child support office so there is no record there. The x wife wanted it to go straight to her because she claimed the CsE was taking money ot of it. We have letters from her and copies of her Checking account asking for us to Direct Deposit it into her account. Also at the same time she Employed Kid Support.com husband was paying them when CSE started to Garnish him. This is when we found out the Kid Support.com makes fathers beleive that they are CSE as in our case, then to have the other blow and have the real CSE start garnishing. Where does all the madness stop. How can we force New Mexico to rehear this case and make them adhere to the federal UCCJA and UIFSA laws. Mother was to provide her income and she sent 4 years ago and then she put into her work sheet that her 15 year old school (private) is day care. Are Fathers just a sperm bank, and money bank and why are judges not following the law.
Cant afford to pay for attorney what can we do. She has us backed in a corner and she knows it and I think shes some sort of sicko if you ask me. Hope some one out there has the answers for me. Have her affidavits and all the original money order receipts.

You said the lawyer in court had $50000.00 worth of M/Os in his briefcase to PROVE payments were made , but he didn't admit them as evidence ?

This is highly unusual.

Now you are saying the payments were direct deposit into her bank account.

You have to PROVE CS payments. If you can't you pay again .

If you can refile for a modification, and Provide the Court with the proof.

Also, if you disagree with the CS hearings findings, one usually has 30 days to write an objection to the court . If he didn't fallow procedures, once again , out of luck . You only get so many bites at the Apple.

Even though he had an attorney, it is his responsibility to make sure the proofs were submitted. When the Lawyer said let's not show the court the receipts, he could have told the lawyer I want you to , that's my proof, or spoke up himself .

No wonder it went the way it did. And still something don't make sense with your post, unless he sent the M/Os to her bank account with the words Child Support on them .

yur right he just has the money orders and he did not write child support on them. At the time the xwife and the husband had a good relationship so he did not think that she would do this. ( his fault and he knows it now). He did file for an appeal Pro Se and the district judge denied his appeal. As for the attorney he really put the screws to the hsban. I am wondering if that is not malpractice???? But the most puzzling this is that the CSE has lied and said Colorado lost his file and so they could not get the order. !st my husband gave him a copy. ( no one told the husband it needed to be certified) Mass when they requested the New Mexico to enforce the order they never brought up the Colorado file. In court the x wife testified that she never asked for modification in Colorado. 2 things come to mind 1st.... we have now a certified copy of the entire Colorado file and she did ask, second the husband aked for a modification as well. Now the New Mexico Courts had the Xwife testify she never asked or allowed the Colorado Courts to modify. The husband has the paper work that Mass said there was no other order and the case worker signed it now if I didnt know how to read there would be much of a problem but it says that she swears that there are no other existing orders. They are the asking party of the Colorado order and we can prove it. There has got to be a way to get ths back in court. The husband started to file an appeal with the appeals court but it became to complicated. He may be out of Luck.........But we beleive he is in the right and if we have to fight it in the government, I guess we will go that route. Husband did not send her all that money just for the fun of it. Yep the attorney had the originals of the M/o in his brief case and did not admit them is exactly how it happened. I was sayying that she wanted th husband to direct deposit in her bank account even though the order said to pay throught the CSE. He sent her money orders instead which was just as bad but we have the proff she asked him to do this. I agree he should not have complied. But cant cry over spilled milk. when I married the husband I understood from both of them the husband was current with his support. She got mad one day at the husband and this all started. We did not have extra money to send her for the child school at the time and this is where we landed and have been fighting this ever since. She wants more and more and knows I make a good living that my husband benifits from and she is just revengful. The husband has made his payment she just found a way to collect more thats all.

Ok, now after the Facts , you now have certified copies of the other State's orders.

You have proof the Mother ask for payments direct deposit .
You have proof you deposited money into her account as she requested.

Do these payments reflect the same exact amounts that were ordered and when ?

If so , maybe , if you consult with another attorney ( a Good one ) , something could be done.

As a change of circumstance you could State the CSEU swore there were no prior orders,and you have certified copies of the Prior Order to prove this wasn't true, and evidence that the mother requested payment outside of court order and proof you paid the ordered amount and when .

It might at least get your foot into court again .

yes the payments are consistant, we have certified copies of the whole file, including all letters from the x wife, and CSE, We have copys of all the orders. Now the other question I have is do judges get offended wen you prove them wrong?????? I mean they did not follow UISFA, or FFCCSOA laws one bit. They changed the duration of support, as well as made him pay medical expenses that were was not in the original order and I am reading that the state in which has jurisdiction can only change support not any other provisions of the original order? I really need to start a support group here in NM. These laws and things can truly overwhelm you.

cathey1963 said:

yes the payments are consistant, we have certified copies of the whole file, including all letters from the x wife, and CSE, We have copys of all the orders. Now the other question I have is do judges get offended wen you prove them wrong?????? I mean they did not follow UISFA, or FFCCSOA laws one bit. They changed the duration of support, as well as made him pay medical expenses that were was not in the original order and I am reading that the state in which has jurisdiction can only change support not any other provisions of the original order? I really need to start a support group here in NM. These laws and things can truly overwhelm you.

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Ha Ha Ha , You bet hearing Officers and Judges get bent out of shape when they're proven wrong.
Even If they know they are wrong they might rule against you, and they will tell you if you don't like it,take it to appeals.
Do you think it will effect their jobs though ? NO
2) That can be another issue that needs deciding . Who has Jurisdiction ?