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FOR CHILD SUPPORT AND INTERIM ALLOCATION HEARINGS

The parties are hereby ordered to produce the following documents IN PREPARATION FOR THE HEARING BEFORE DOMESTIC RELATIONS HEARING OFFICER

ON AM/PM AS FOLLOWS:

1. Hand-deliver or mail to the other party in this case, or his/her attorney, all of the required documents listed below on the following page(s). This must be received by the other party or his/her attorney, no later than twenty (20) days before the date of the hearing. You must also bring the originals to the hearing.

2. If you do not have some or all of the responsive documents Ordered to be produced herein, you must provide a written document signed by yourself, to the other party or his/her attorney, stating why you do not have all or some of the responsive documents no later than twenty (20) days before the date of the hearing.

3. If you have previously provided the documents Ordered herein, you must provide any updates twenty (20) days before the new or continued hearing date. You will not get another order to produce.

4. If a party or his/her attorney does not receive some or all of the documents ordered to be produced herein within the time provided, the non-receiving party or his/her attorney shall file a Notice of Failure to Comply no later than ten (10) days before the hearing date. A copy must be provided to the Child Support Hearing Office and the other party or his/her attorney.

5. Any party or his/her attorney wishing additional discovery must file an expedited Motion for Additional Discovery per LR1-306 no later than ten (10) days before the hearing date. This particularly applies, but is not limited to cases that involve a self-employed party. Such additional discovery includes, but is not limited to: receipts, invoices, bills, credit card statements, bank statements showing deposits and withdrawals, and cancelled checks.

Failure to provide the required documents could result in sanctions (monetary penalty) or delay of the hearing. If you requested this hearing, failure to provide the required documents could also result in dismissal of your case.

I. REQUIRED DOCUMENTS TO PROVIDE TO OTHER PARTY PER TIME DEADLINES ABOVE AND TO BRING TO A CHILD SUPPORT HEARING

1. Complete Federal and State tax returns including but not limited to, individual, joint, partnership, and corporate, W-2 statements, all schedules, and all documents that are responsive to “gross income” as that term is defined in Section 40-4-11.1 NMSA, 1978 for last year and for each previous year for which child support, or owed child support, is an issue at this hearing. Owed child support may go back to the birth month and/or birth expenses of the minor child.

2. Your last three paycheck stubs. If your wages fluctuate as calculated monthly, because of overtime, differential pay, or for any other reason, you must provide pay stubs for the last three months and a year-to-date gross earnings.

3. If you are a contract employee, your IRS Forms 1099 for last year and for each previous year for which child support or owed child support is an issue at this hearing.

4. If you are self-employed, an up-to-date financial statement/profit and loss statement listing income and expenses and CRS forms showing gross receipts and necessary business expenses for this year to date and for each previous year for which child support or owed child support is an issue at this hearing.

5. Proof of disability, which includes any documentation from the U.S. Social Security Administration setting forth date of the award, the award, and the amount awarded in SSI or SSD benefits, or the same regarding any other disability benefits, auxiliary benefits, and a current medical determination stating the nature of the disability, its duration, and its impact upon employment.

6. Receipts or cancelled checks for work-related day-care expenses for this year to date, last year and for each previous year for which child support or owed child support is sought.

7. Proof of child support payments made.

8. If you provide medical insurance for a minor dependent, you must provide proof of dependent medical insurance premiums for this year and the preceding year and percentage of coverage is attributed to the minor dependent under the plan.

9. A written document identifying any and all witnesses with name, telephone number, addresses and a brief statement of their intended testimony.

10. Exhibits intended to be introduced at the hearing.

11. A child support worksheet with information filled out based upon information

available to the party.

12. Any other documents or information that you want the Hearing Officer to

consider, including but not limited to audits, financial information and other exhibits.

II. REQUIRED DOCUMENTS TO PROVIDE TO OTHER PARTY PER TIME DEADLINES ABOVE AND TO BRING TO INTERIM ALLOCATION HEARING

  1. The parties’ completed Interim Monthly Income and Expenses

Statement;

  1. Complete Federal and State tax returns including but not limited to,

individual, joint, partnership, and corporate, W-2 statements, all schedules

  1. Your last three paycheck stubs. If your wages fluctuate as calculated

monthly, because of overtime, differential pay, or for any other reason, you must provide pay stubs for the last three months and a year-to-date gross earnings.

4. If you are a contract employee, your IRS Forms 1099 for last year and for each previous year for which child support or owed child support is an issue at this hearing.

5. If you are self-employed, an up-to-date financial statement/profit and loss statement listing income and expenses and CRS forms showing gross receipts and necessary business expenses for this year to date and for each previous year for which child support or owed child support is an issue at this hearing.

6. Proof of disability, which includes any documentation from the U.S. Social Security Administration setting forth date of the award, the award, and the amount awarded in SSI or SSD benefits, or the same regarding any other disability benefits, auxiliary benefits, and a current medical determination stating the nature of the disability, its duration, and its impact upon employment.

7. All financial institution accounts, including checking and saving account

statements, for the past six (6) months;

8. Documentation of all monthly fixed expenses;

9. Credit card statements for the six (6) month period preceding the date the petition was filed;

10. A written document identifying any and all witnesses with name, telephone number, addresses and a brief statement of their intended testimony.

11. All exhibits intended to be introduced.

  1. Any other documents or information that you want the Hearing

Officer to consider, including but not limited to audits, financial information and other exhibits.

District Court Judge

INSTRUCTIONS FOR COMPLETING THE ORDER FOR MEDIATION

  • Read the overview first.

  • Type or print neatly using black ink.

Lines 1 through 4 are the caption of the case.

(9)Write in the name of the county where you reside.

(10)Write in your full name.

(11)Leave this line blank. The Court Clerk will assign a number to your case when you file

your petition.

(12)Write in the full name of the other party (Respondent).

(13)The Self Help Center on the first floor of the Courthouse will assign a date for the Information Session on Children and Separation.

(14)LEAVE THIS BLANK. The Judge will sign on this line.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF

,

Petitioner,

vs. Case Number:

,

Respondent.

ORDER FOR MEDIATION

It has been made to appear to the Court that a parenting plan or agreement has not been filed regarding issues concerning custody and/or visitation affecting the parties= children or, that a parenting plan has been filed and there is a dispute regarding custody and/or visitation issues, there is no-good reason appearing to the Court that the parties should not be encouraged to so mediate a parenting plan.

It is, therefore, approved and ordered by the Court that:

1. This matter regarding custody and visitation shall be referred to the Family Court

Services, for the purpose of mediation, and for Priority Consultation and/or Advisory Consultation if mediation has been unsuccessfully attempted, by order of the Court.

2. The Clerk=s Office shall be paid by the parties prior to each session in accordance

with the sliding scale fee determined by the Family Court Services.

3. The Parties shall attend an Information Session on Children and Separation, and mediation sessions with the Family Court Services as scheduled through that office. An Information Session on Children and Separation has been scheduled for __________ from 3:00 p.m. to 5:00 p.m. at the Judge Steven Herrera Judicial Complex, corner of Grant and Catron, Santa Fe, New Mexico, Large Courtroom (second floor).

THIS IS A TWO HOUR SESSION.

Children shall NOT attend this session.

  1. The parties are required to fill out and complete the Mediation Service

Information Data Sheet which will be provided at the Information Session on Children and Separation on the date indicated above.

5. The mediator shall encourage and assist the parties to resolve the contested

child custody and visitation matters in a way that is mutually satisfactory to the parties and beneficial to the best interests of the child or children.

    1. Mediation proceedings shall be held in private and shall be confidential. All

communications, verbal or written, from the parties to the mediator made pursuant to the Order, shall be inadmissible in any Court hearing.

    1. No report of the content of mediation shall be made to the Court, priority

consultant, advisory consultant or counsel for either party. If the mediation process is successful, the agreement shall be reduced to the writing on a form to be signed by the parties.

    1. The parties shall make themselves available for consultation with the mediator,

priority consultant, and shall participate and cooperate fully with the program. They shall also make their children available if so requested.

    1. If a mediation agreement cannot be reached, the case will proceed for a Priority

Consultation and/or an Advisory consultation. Psychological evaluations and/or alcohol/drug assessments may be included as requested by the advisory consultant or the Court.

    1. The priority consultant shall make recommendations to the court.

    1. The report of the Advisory Consultation shall be given to counsel for each party.

In the event of a hearing, the report shall be made available to the court.

    1. Parties shall not disclose or show the contents of the report to any other persons

without the permission of both parties or permission of the court. Nothing in this provision shall prevent the disclosure of the report to the parties= own experts, consultants, counselors or therapists where applicable.

DISTRICT COURT JUDGE

INSTRUCTIONS FOR COMPLETING THE

ACCEPTANCE OF SERVICE

  • Read the overview first.

  • Type or print neatly using black ink.

THIS FORM MUST BE FILED BY THE RESPONDENT IF HE OR SHE IS NOT REPRESENTED BY AN ATTORNEY.

Lines 1 through 4 are the caption of the case.

  1. Write in the name of the county where you reside.

  1. Write in your full name (Petitioner)

  1. Fill in your case number. This is the number that the Court Clerk assigned to your case when it was first opened. It will always be the same.

  1. Write in Respondent’s name.

  1. Respondent will need to sign in front of a notary public. DO NOT fill in any of this information.

  1. This section will be completed by the notary public. DO NOT fill in any of this information.


FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF

,

Petitioner,

vs. Case Number:

,

Respondent.

ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE

Comes now the Respondent and accepts service of the petition on file herein, and

further states:

1. Respondent chooses not to obtain independent legal counsel, but to file

this acceptance and entry pro se.

2. Respondent acknowledges receipt of a copy of the petition in the above

captioned matter, and without admitting or denying the allegations therein, Respondent

accepts service of the petition in this matter and enters Respondent’s appearance pro se.

____________________________

Respondent pro se

Subscribed and sworn to before me this ______ day of ______________, 20____.

_____________________________

Notary Public

My commission expires:

___________________________

New Mexico Law

        1. Joint custody; standards for determining; parenting plan

A. There shall be a presumption that joint custody is in the best interests of a child in an initial custody determination. An award of joint custody does not imply an equal division of financial responsibility for the child. Joint custody shall not be awarded as a substitute for an existing custody arrangement unless there has been a substantial and material change in circumstances since the entry of the prior custody order or decree, which change affects the welfare of the child such that joint custody is presently in the best interests of the child. With respect to any proceeding in which it is proposed that joint custody be terminated, the court shall not terminate joint custody unless there has been a substantial and material change in circumstances affecting the welfare of the child, since entry of the joint custody order, such that joint custody is no longer in the best interests of the child.

B. In determining whether a joint custody order is in the best interests of the child, in addition to the factors provided in Section 40-4-9 NMSA 1978, the court shall consider the following factors:

(1) whether the child has established a close relationship with each parent;

(2) whether each parent is capable of providing adequate care for the child throughout each period of responsibility, including arranging for the child’s care by others as needed;

(3) whether each parent is willing to accept all responsibilities of parenting, including a willingness to accept care of the child at specified times and to relinquish care to the other parent at specified times;

(4) whether the child can best maintain and strengthen a relationship with both parents through predictable, frequent contact and whether the child’s development will profit from such involvement and influence from both parents;

(5) whether each parent is able to allow the other to provide care without intrusion, that is, to respect the other’s parental rights and responsibilities and right to privacy;

(6) the suitability of a parenting plan for the implementation of joint custody, preferably, although not necessarily, one arrived at through parental agreement;

(7) geographic distance between parents’ residences;

(8) willingness or ability of the parents to communicate, cooperate or agree on issues regarding the child’s needs; and

(9) whether a judicial adjudication has been made in a prior or the present proceeding that either parent or other person seeking custody has engaged in one or more acts of domestic abuse against the child, a parent of the child or other household member. If a determination is made that domestic abuse has occurred, the court shall set forth findings that the custody or visitation ordered by the court adequately protects the child, the abused parent or other household member.

C. In any proceeding in which the custody of a child is at issues, the court shall not prefer one parent as a custodian solely because of gender.

D. In any case in which the parents agree to a form of custody, the court should award custody consistent with the agreement unless the court determines that such agreement is not in the best interests of the child.

E. In making an order of joint custody, the court may specify the circumstances, if any, under which the consent of both legal custodians is required to be obtained in order to exercise legal control of the child and the consequences of the failure to obtain mutual consent.

F. When joint is awarded, the court shall approve a parenting plan for the implementation of the prospective custody arrangement prior to the award of joint custody. The parenting plan shall include a division of a child’s time and care into periods of responsibility for each parent. It may also include:

(1) statements regarding the child’s religion, education, child care, recreational activities and medical and dental care;

(2) designation of specific decision-making responsibilities;

(3) methods of communicating information about the child, transporting the child, exchanging care for the child and maintaining telephone and mail contact between parent and child;

(4) procedures for future decision making, including procedures for dispute resolution; and

(5) other statements regarding the welfare of the child or designed to clarify and facilitate parenting under joint custody arrangements.

In a case where joint custody is not agreed to or necessary aspects of the parenting plan are contested, the parties shall each submit parenting plans. The court may accept the plan proposed by either party or it may combine or revise these plans as it deems necessary in the child’s best interests. The time of filing of parenting plans shall be set by local rule. A plan adopted by the court shall be entered as an order of the court.

G. Where custody is contested, the court shall refer that issue to mediation if feasible. The court may also use auxiliary services such as professional evaluation by application of Rule 706 [Rule 11-706 NMRA] of the New Mexico Rules of Evidence or Rule 53 [Rule 1-053 NMRA] of the Rules of Civil Procedure for the District Courts.

H. Notwithstanding any other provisions of law, access to records and information pertaining to a minor child, including medical, dental and school records, shall not be denied to a parent because that parent is not the child’s physical custodial parent or because that parent is not a joint custodial parent.

I. Whenever a request for joint custody is granted or denied, the court shall state in its decision its basis for granting or denying the request for joint custody. A statement that joint custody is or is not in the best interests of the child is not sufficient to meet the requirements of this subsection.

J. An award of joint custody means that:

(1) each parent shall have significant, well-defined periods of responsibility for the child;

(2) each parent shall have, and be allowed and expected to carry out, responsibility for the child’s financial, physical, emotional and developmental needs during that parent’s periods of responsibility;

(3) the parents shall consult with each other on major decisions involving the child before implementing those decisions; that is, neither parent shall make a decision or take an action which results in a major change in a child’s life until the matter has been discussed with the other parent and the parents agree. If the parents, after discussion, cannot agree and if one parent wished to effect a major change while the other does not wish the major change to occur, then no change shall occur until the issue has been resolved as provided in this subsection;

(4) the following guidelines apply to major changes in a child’s life:

(a) if either parent plans to change his home city or state of residence, he shall provide to the other parent thirty days’ notice in writing stating the date and destination of move;

(b) the religious denomination and religious activities, or lack thereof, which were being practiced during the marriage should not be changed unless the parties agree or it has been otherwise resolved as provided in this subsection;

(c) both parents shall have access to school records, teachers and activities. The type of education, public or private, which was in place during the marriage should continue, whenever possible, and school districts should not be changed unless the parties agree or it has been otherwise resolved as provided in this subsection;

(d) both parents shall have access to medical and dental treatment providers and records. Each parent has authority to make emergency medical decisions. Neither parent may contract for major elective medical or dental treatment unless both parents agree or it has been otherwise resolved as provided in this subsection; and

(e) both parents may attend the child’s public activities and both parents should know the necessary schedules. Whatever recreational activities the child participated in during the marriage should continue with the child’s agreement, regardless of which of the parents has physical custody. Also, neither parent may enroll the child in a new recreational activity unless the parties agree or it has been otherwise resolved as provided in this subsection; and

(5) decisions regarding major changes in a child’s life may be decided by:

(a) agreement between the joint custodial parents;

(b) requiring that the parents seek family counseling, conciliation or mediation service to assist in resolving their differences;

(c) agreement by the parents to submit the dispute to binding arbitration;

(d) allocating ultimate responsibility for a particular major decision area to one legal custodian;

(e) terminating joint custody and awarding sole custody to one person;

(f) reference to a master pursuant to Rule 53 [Rule 1-053 NMRA] of the Rules of Civil Procedure for the District Courts; or

(g) the district court.

K. When any person other than a natural or adoptive parent seeks custody of a child, no such person shall be awarded custody absent a showing of unfitness of the natural or adoptive parent.

L. As used in this section:

(1) “child” means a person under the age of eighteen;

(2) “custody” means the authority and responsibility to make major decisions in a child’s best interests in the areas of residence, medical and dental treatment, education or child care, religion and recreation;

(3) “domestic abuse” means any incident by a household member against another household member resulting in:

(a) physical harm;

(b) severe emotional distress;

(c) a threat causing imminent fear of physical harm by any household member;

(d) criminal trespass:

(e) criminal damage to property;

(f) stalking or aggravated stalking; as provided in Sections 30-3A-3 and 30-3A-3.1 NMSA 1978; or

(g) harassment, as provided in Section 30-3A-2 NMSA 1978;

(4) “joint custody” means an order of the court awarding custody of a child to two parents. Joint custody does not imply an equal division of the child’s time between the parents or an equal division of financial responsibility for the child.

(5) “parent” means a natural parent, adoptive parent or person who is acting as a parent who has or shares legal custody of a child or who claims a right to have or share legal custody;

(6) “parenting plan” means a document submitted for approval of the court setting forth the responsibilities of each parent individually and the parents jointly in a joint custody arrangement;

(7) “period of responsibility” means a specified period of time during which a parent is responsible for providing for a child’s physical, developmental and emotional needs, including the decision making required in daily living. Specified periods of responsibility shall not be changed in an instance or more permanently except by the methods of decision making described under Subsection L [sic] of this section;

(8) “sole custody” means an order of the court awarding custody of a child to one parent; and

(9) “visitation” means a period of time available to a noncustodial parent, under a sole custody arrangement, during which a child resides with or is under the care and control of the noncustodial parent.

INSTRUCTIONS FOR COMPLETING THE PARENTING PLAN

  • Read the overview first.

  • Type or print neatly using black ink.



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