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ORDER ESTABLISHING PARENTAGE, CUSTODY,

TIME-SHARING AND CHILD SUPPORT

THIS MATTER having come before the Court upon Petitioner=s Petition to Establish

Parentage, Determine Custody and Time-Sharing, and Assess Child Support, the Court having

considered the evidence presented before it and being fully advised in the premises, hereby

enters it Findings of Fact, Conclusions of Law, and Final Order as follows:

THE COURT FINDS:

BACKGROUND.

1. Petitioner lives in the State of New Mexico and resides in _________________ County.

      2. is the mother of the minor child(ren),

namely:

Minor Children Subject to this Proceeding:

Name Date of Birth Present Age

  1. This Court has jurisdiction to determine custody and time-sharing issues.

PARENTAGE

The Court finds that is the father

of the child(ren):

NAMES OF THE CHILDREN

5. This finding of Paternity is based upon:

  • Birth Certificate

  • Affidavit of Acknowledgement

  • Genetic Testing

  • Father has held himself out as the father of the child(ren).

  • Other: _______________________________________________

CHILD CUSTODY (Check one of the following):

6. (a) [ ] Both Petitioner and Respondent are fit and proper persons to have

care, custody and control of the minor child(ren) of the parties.

OR (b) [ ] is a fit and proper

person to have primary care, custody and control of the minor child(ren)

of the parties.

TIME-SHARING. (Check one of the following:)

7. (a) [ ] The parties have entered into a Parenting Plan that describes the

agreed upon time-sharing schedule of each parent with the minor child(ren). The

Paarenting Plan is filed herewith.

OR: (b) [ ] The parties have agreed to the following time-sharing plan for the

child(ren): ______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

CHILD SUPPORT (Check one of the following):

8. (a) [ ] is capable of paying

child support in the amount of $ per month. A Child Support

Worksheet is filed herewith, and this amount is in accordance with the Child Support

Guidelines.

OR: (b) [ ] is a competent person

who is capable of paying child support and should be required to contribute $______

per month for child support. A Child Support Worksheet is filed herewith. The amount

of child support deviates from Guideline Child Support. The Child Support Guidelines

are waived in this matter because following the Guidelines would create a substantial

hardship due to these circumstances: _______________

_______________________________________________________________________

_______________________________________________________________________

It is therefore determined that application of the Guidelines would be unjust or inappropriate.

INCOME WITHHOLDING (Check one of the following):

9. [ ] (a) The income of , the

support obligor, shall be subject to immediate income withholding in the amount

of $ per month for child support.

OR:

  1. [ ] The parties have waived immediate income withholding and have

agreed that the support obligor will make child support payments directly to the support

obligee.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

PARENTAGE

  1. is determined to be the natural

mother and is determined to be the

natural father of the child(ren):

Name Date of Birth Present Age

CHILD CUSTODY (Check one of the following):

B. [ ] (a) Petitioner and Respondent are awarded joint legal custody

of the minor child(ren) of the parties.

OR: [ ] (b) is

awarded primary care, custody and control of the minor child(ren) of the parties.

TIME SHARING (Check one of the following):

  1. Time-sharing with the minor child(ren) will be:

[ ] (1) as shown in the Parenting Plan filed herewith.

OR: [ ] (2) as follows:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

D. , the support obligor, is ordered to pay

child support in the amount of $ per month payable to

commencing on the day of _____________ , __________and on the______ day

of each and every month thereafter. The amount of child support has been determined in

accordance with the current New Mexico Child Support Guidelines. Financial information will

be exchanged by the parties annually on or before the day of

each year.

Support shall be modified when a child of the parties reaches the age of 18, is

emancipated, permanently resides with the other parent, or by order of the Court, whichever

occurs first.

If the paying parent accrues a delinquency in his or her support obligations hereunder

equal to at least one month=s support obligation, his or her income shall be subject to withholding

in an amount sufficient to satisfy the support order and an additional amount to reduce the

deficiency.

Check one of the following:

E. [ ] (1) The parties have waived income withholding. The obligor parent

shall make payments directly to:

NAME:

ADDRESS:

OR: [ ] (2) Immediate income withholding for child support is ordered. The employer

of the obligor, ,

Social Security No. shall make child support payments to:

  1. Child Support Enforcement, Accounting Division

P.O. Box 25109

Santa Fe, New Mexico 87504

  1. The account number shall be shown

on each payment.

OR: [ ] (3) Because the custodial parent is now receiving aid from the State of New

Mexico, the following special orders apply:

  1. Child Support payments should be made directly to:

Child Support Enforcement, Accounting Division

P.O. Box 25109

Santa Fe, New Mexico 87504

  1. The account number shall be shown on

each payment.

  1. Payments must be made to the Child Support Enforcement Division so

long as the family is receiving assistance from the Human Services Department of

the State of New Mexico (TANF).

[ ] F. In addition to the child support ordered in paragraph 4 above,

is ordered to pay retroactive child support as follows: $ , payable at

$ per month, the retroactive child support to be paid at the same time and in

addition to the child support amounts shown in paragraph 4.

  1. The child(ren) will be covered under a group insurance policy which is available

to the parent who is making the child support payments.

[ ] H. is ordered to pay childbirth

expenses, including hospital and medical expenses, in the total amount of $ __________

payable as follows:

PAYMENT TO: AMOUNT TO EXPLANATION

BE PAID OR DETAIL:

______________________________________________________________________________

______________________________________________________________________________

[ ] I. Health and dental insurance for the child(ren) will be paid by

.

[ ] J. Medical expenses for the child(ren) not paid by insurance will be paid by

the parents as follows:

[ ] K. is ordered to purchase life

insurance with a benefit amount of $ , naming the other parent as trustee for

the benefit of the minor child(ren) in order to pay the child support upon the paying parent=s

death.

  1. The Department of Vital Statistics of the State of New Mexico is ordered to

change the birth records of to reflect

this parentage determination.

DONE BY THE COURT this day of , 20 .

___________________________________ DISTRICT COURT JUDGE

APPROVED:

_____________________________________

Petitioner

Respondent

_____________________________________

Special Assistant Attorney General

Attorney for Child Support Enforcement Division

(Use if TANF is received for the children)

INSTRUCTIONS FOR COMPLETING THE WAGE

WITHHOLDING ORDER

  • Read the general instructions first.

  • Type or print neatly using black ink.

  • For numbered paragraphs that offer choices separated by “OR”, CHOOSE ONLY ONE.

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

(16)Write in your full name.

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

your petition.

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

(19)Write in the name of the parent paying child support.

(20)Write in the name of the parent who will receive child support.

(21)Write in the information of the paying parent.

(22)Write in the child support amount to be paid each month.

(23)Choose either option 1 or option 2. If you choose option 1, you are agreeing to have the

child support withheld from the paying parents pay check. Be sure to write in the account number that the employer needs to refer to on each payment.

(24)If you choose option 2, the paying parent will responsible for making the payment. Be sure to write in the account number that the paying parent needs to refer to on each payment.

(25)LEAVE THIS BLANK. The Judge will complete this section.

(26)Wife signs and completes address and telephone information.

(27)Husband signs and completes address and telephone information.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF

,

Petitioner

vs. Case Number:

,

Respondent

WAGE WITHHOLDING ORDER

THIS MATTER having come before the court before the parties to this action have (a)

minor child(ren) and child support has been ordered. (APaying

Parent@) has been ordered to pay child support to .

A. Information on the paying parent:

Name: Employer=s Name:

Address: Address:

Social Security Number:

B. The total support owed per month is $ per month.

In order to pay this child support, IT IS ORDERED THAT: (Choose Option 1 or 2)

1. [ ] The Paying Parent=s Employer (including all future employers or income providers)

shall withhold child support according to the following schedule.

Pay Period Amount Withheld

Weekly Total monthly support x 0.2308

Every other week Total monthly support x 0.4615

Twice a month Total monthly support x 0.5

Monthly Total monthly support x 1.0

The Employer shall mail the amount withheld within seven (7) days of the date when Paying

Parent receiving a pay check to:

Child Support Enforcement, Accounting Division

P.O. Box 25109

Santa Fe, New Mexico 87504

The Employer shall show the account number on each payment.

OR

2. [ ] Because the parent to receive child support is now receiving aid from the State of New

Mexico and the parties have waived withholding by an Employer, child support should be made

directly to:

Child Support Enforcement, Accounting Division

P.O. Box 25109

Santa Fe, New Mexico 87504

The account number shall be shown on each payment.

IT IS SO ORDERED.

Date District Court Judge

APPROVED:

Mother=s signature: Address:

Telephone:

Father=s signature: Address:

Telephone:

Pg 10, mmons 59



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