Поиск

Полнотекстовый поиск:
Где искать:
везде
только в названии
только в тексте
Выводить:
описание
слова в тексте
только заголовок

Рекомендуем ознакомиться

'Документ'
Мы живем в обществе, где надо соблюдать определенные нормы и правила поведения. Это особенно актуально, когда виновниками дорожно-транспортных происше...полностью>>
'Документ'
Форма проведения общего собрания участников (акционеров) эмитента: собрание (совместное присутствие акционеров для обсуждения вопросов повестки дня и ...полностью>>
'Документ'
*В связи с разными размерами информационных щитов, стандартный модуль немного меняется в размерах, в таблице ниже указаны точные размеры стандартного ...полностью>>
'Литература'
В детстве ребенок просит, чтобы мама почитала ему на ночь сказку. Ему это нравится, ему это интересно так же, как и посмотреть любимый мультфильм. Мал...полностью>>

Главная > Документ

Сохрани ссылку в одной из сетей:
Информация о документе
Дата добавления:
Размер:
Доступные форматы для скачивания:

1

Смотреть полностью

FIRST JUDICIAL DISTRICT

COURT CONSTITUENT SERVICES

P.O. Box 2268

Santa Fe, New Mexico 87504

505.476.0177


PARENTAGE PACKET

  1. Overview: Parentage (Paternity) Cases

  1. Parentage/Custody Flow Chart

  1. INSTRUCTIONS for completing Domestic Relations Information Sheet; Domestic Relations Information Sheet

  1. INSTRUCTIONS for Completing Petition to Establish Parentage, Determine Custody and Time Sharing, and Assess Child Support

  1. INSTRUCTIONS for Completing the Summons

  1. INSTRUCTIONS for Completing the Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents; Order to Produce Discovery for Child Support and Interim Support Hearings.

  1. INSTRUCTIONS for Completing the Order for Mediation

  1. INSTRUCTIONS for Completing the Acceptance of Service

  1. New Mexico Statute 40-4-9.1 Joint custody; standards for determining; parenting plan

  1. INSTRUCTIONS for Completing the Parenting Plan

  1. INSTRUCTIONS for Completing an Order Establishing Parentage, Custody, Time-Sharing and Child Support

  1. INSTRUCTIONS for Notice to Withhold Income

OVERVIEW: PARENTAGE (PATERNITY) CASES

A legal case filed under the Uniform Parentage Act is called a “parentage” case. A “parentage” case can be brought by a father or mother or even the child (up to age 21). The purpose of a parentage case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child.

If you own property together, such as a house or a car, and you are not married, the proper action to divide that property is a separate civil (CV, not DM) action. You cannot take care of property issues in a parentage case.

The New Mexico Human Services Department, Child Support Enforcement Division, will help either parent file a paternity case. You can reach them at 1-800-288-7207 or visit their website at /csed.

These are the forms you will need to complete for your parentage case.

1. Domestic Relations Information Sheet

This is an information sheet to alert the Court that children are involved in the legal case. It should be filled out as completely as possible. When completed, give it to the Clerk of the Court along with all other papers. This form does not become part of the public record.

2. Petition to Establish Parentage

This is the formal request for the Court to determine parentage (who the father is), establish a parenting plan and assess child support. The Petition must be “filed” with the Clerk of the Court. “Filing the Petition” means that the original Petition is given to a person in the Court Clerk’s Office, who then opens a court file for the case, assigns the case a number, and assigns a judge to hear the case.

The person who files the Petition is called the Petitioner. The other party is called the Respondent, because that person must file a Response to the Petition (see #6 below).

There is a filing fee of $137.00 that must be paid by cash, cashier’s check, or money order only, no personal checks, at the time the Petition is filed.

If you can’t afford to pay the filing fee, you may request a Motion and Affidavit for Free Process, fill it out completely, and file it before you file the Petition. If the Motion is granted, you will not have to pay the filing fee when you file the Petition.

Along with the Petition, the Petitioner must also file a Summons, a Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents, and an Order for Mediation.

3. Summons and Return of Service

A copy of the Petition must be promptly “served” upon the Respondent. A Summons is notice to the Respondent that a legal case has been filed against him or her, and that a formal written Response must be filed with the Court within 30 days after the Petition and Summons are served.

Service is very important. To “serve” means placing the Petition [as well as the Summons, Notice of Hearing and Order to Provide Documents and Order for Mediation] in the hands of the Respondent; in other words, service must be personal. Mailing the papers is NOT sufficient, even if it’s done by Certified Mail.

Anyone who is over 18 and who is not a party to the case may serve the papers. That means that the Petitioner CANNOT serve the papers, even if the Petitioner and the Respondent see each other and have a cooperative relationship. The Sheriff’s Office or a professional process server can serve but they usually charge a fee. If the Court has already found that you can’t pay court fees (by approving your request for Motion and Affidavit for Free Process), the Sheriff’s Office will serve the papers for free.

To prove that service is done, ask the person who performed the service to complete a Return of Service and then make sure it is filed with the Clerk of the Court.

4. Filing and Service of Other Pleadings

All documents asking the Court to do something are called “pleadings”. All pleadings must be filed in the Court Clerk’s Office. “Filing pleadings” means that the original document is given to a person in the Court Clerk’s Office, and that person adds it to the official Court record in the case. No pleading is official until it is filed.

A copy of every pleading that is filed must be provided to the other party. Except for the Petition, every pleading that is filed must include a “Certificate of Service”, stating that a copy of the pleading has been provided to the other party. They may be mailed, faxed, or hand-delivered

5. Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents

An Order to Produce Discovery for Child Support and Interim Allocation Hearings Document is used for pre-trial and interim child support. This hearing is mandatory unless both parties agree on the amount of child support. You MUST provide the other party a copy of the filed Order to Produce Discovery for Child Support and Interim Allocation Hearings.

If the parties agree on child support, they must complete and file a Child Support Work Sheet (see section 8 below). If a Child Support Worksheet, signed by both parties, is filed with the Petition, the Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents does not need to be filed.

6. Order for Mediation

An Order for Mediation schedules a mandatory Information Session on Children and Separation to provide information about how the roles of parents may change while the case is in progress. You MUST provide the other party a copy of the Order for Mediation. At the Information Session, you will have the opportunity to request mediation through Family Court Services to develop a Parenting Plan (see section 8 below).

7. Response

The Respondent has 30 days after he or she is properly served to file a formal, written Response to the Petition. If a Response is not filed within 30 days after proper service, the Petitioner may apply to the Court for a “Final Decree” based on the default of the Respondent by filing a Motion for Default Decree and a Certificate as to the State of the Record and Non Appearance. The Judge may then enter a default decree. A default decree means that the Petitioner’s requests are granted, because the Respondent hasn’t objected.

8. Parenting Plan and Child Support Worksheet

The parties must develop and file a Parenting Plan and complete and file a Child Support Worksheet before a Final Decree can be entered.

The two of you may develop your own Parenting Plan so long as it is specific and complete. A Parenting Plan form is included in this packet. If you don’t develop a Parenting Plan very soon after the legal case is filed, the Court will order you to attend mediation through Family Court Services. The mediation fee is based upon your income. Two or three sessions are usually enough to work out a Parenting Plan, but sometimes more sessions will be required.

The Child Support Worksheet may be completed by hand or by using a computerized program. You may access the Worksheet on-line at , or at the Child Support Enforcement Division website, /csed/guidelines. You may also request a form at the Self Help Information Center.

If wage withholding for child support is to be pursued, you must file a child support case with the NM Department of Human Services, Child Support Enforcement Division, in order to obtain a case number. Child Support Enforcement Division may be reached at 1.800.288.7207 or on the website, /csed.

9. Final Decree

When all your issues have been resolved, either by your agreement or by court decision, a FINAL DECREE is entered. This is the document which marks the official end of the case. A Final Decree is included in this packet.

INSTRUCTIONS for completing the individual forms are included in this packet.

Useful Telephone Numbers:

Child Support Hearing Office 827-5050

District Court Clerk’s Office 476-0189

Domestic Violence Office 827-4350

Family Court Services (Mediation) 827-5051

Self Help Center 476-0177

Santa Fe Police Department 473-5080

Santa Fe County Sheriff’s Dept. 986-2455

Rio Arriba Sheriff’s Department 753-3320

Los Alamos Sheriff’s Dept. 662-8028

Child Support Enforcement Division 1-800-288-7207

Esperanza 473-5200

Law Access New Mexico Legal Help Line 1-800-340-9771

New Mexico Legal Aid, Inc. 1-800-373-9881

local number: 982-9886

INSTRUCTIONS FOR COMPLETING THE

DOMESTIC RELATIONS INFORMATION SHEET

In order to start your divorce case, you must complete the Domestic Relations Information Sheet.

The Domestic Relations Information Sheet will not be filed in your court file and the public will not be able to get your social security number from the Domestic Relations Information Sheet.

The Court Clerk will fill in the case number and assigned judge in the official use section.

Fill in all the information requested.

DOMESTIC RELATIONS INFORMATION SHEET

(for self represented people)

THIS SECTION FOR OFFICAL USE ONLY

Case number: Assigned judge:

The following information is requested by New Mexico Law and federal law for the child support enforcement. The

Information also is needed to identify and keep up with your case. If child support is not paid, this information will help the court get the money for your child(ren).

1. Information regarding petitioner and respondent. (Look at the paperwork you are giving to the court to see who is listed at the top as petitioner and respondent. Use a separate sheet if necessary.)

Petitioner Respondent

Name: Name:

(Last name, first, middle) (Last name, first, middle)

Other names (e.g. maiden name): Other names (e.g. maiden name):

Address: Address:

City: City:

State: State:

Zip code: Zip code

Date of birth: Date of birth:

Social Security number: Social Security number:

2. Parties’ minor children. (Provide the date of birth and social security number for each minor child, if any. Use a separate sheet if necessary.)

Name: Name:

(Last name, first, middle) (Last name, first, middle)

Date of birth: Date of birth:

Social Security number: Social Security number:

Name: Name:

(Last name, first, middle) (Last name, first, middle)

Date of birth: Date of birth:

Social Security number: Social Security number:

Has any court made an order for child support? Yes No

Has any court changed the amount of child support you requested? Yes No

If you answered “Yes” to either question, what state and what court issued the order?

State Court

3. Request to limit access to information. (Optional – Complete only if applicable.)

[ ] I have reason to fear domestic violence or child abuse. For this reason, please limit access to information about me in the Child Support and Parentage Case Registry to the extent possible. I realize that this request may make it more difficult to assist me in collecting child support. I also understand that the other party and the public may still view information about my case under some circumstances.

Under penalty of perjury, I affirm that this request is legitimately made and not designed to harass or intimidate the other party or mislead the court.

NOTE TO THE COURT CLERK: DO NOT PLACE THIS COVER SHEET IN THE COURT FILE.

INSTRUCTIONS FOR COMPLETING

PETITION TO ESTABLISH PARENTAGE, DETERMINE CUSTODY

AND TIME-SHARING, AND ASSESS CHILD SUPPORT

  • Read the overview first.

  • Type or print neatly using black ink.

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

Lines 1 through 4 are the caption of the case.

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

  1. Leave this line blank. The Court Clerk will assign a number to your case when you file your petition.

  1. Write in your full name (Petitioner).

  1. Write in the full name of the other parent (Respondent).

  1. Write in your full name exactly as you did in blank three above.

  1. Write in the name of the County in which you reside.

  1. Write in the name of the mother of the child(ren).

  1. Write in the name of the father of the child(ren).

  1. Write in the full name(s) of the child(ren). Also, write in the date of birth for each child and the present age(s) of the child(ren).

  1. Check this box ONLY if the father’s name is NOT on the birth certificate or the father has NOT acknowledged his paternity in writing filed with the New Mexico Health Department, Vital Records and Health Statistics Office or a similar office in another State. OR

  1. Check this box if you did not check number (10).

  1. Write in the full name of the father in this section ONLY if this choice applies to your situation.

  1. Write in the full name of the father in this section ONLY if this choice applies to your situation.

  1. Write in the full name of the father in this section ONLY if this choice applies to your situation.

  1. List the names and addresses of the person(s) the child(ren) have lived with during the last three years. Also, list the dates the child(ren) lived with those persons at the addresses listed.

  1. Check either 7(a) or 7(b). If you choose 7(b) complete the Table on page 4 by writing in the case name (the names of the Petitioner and the Respondent). Then write in the case number and the name and location of the court.

  1. Check either 8(a) or 8(b). If you choose 8(b) complete the Table by writing in in the case name (the names of the Petitioner and the Respondent). Then write in the case number and the name and location of the court in the Table provided.

  1. Check either 9(a) or 9(b). If you choose 9(b) complete the Table by writing in the name and address of the person who has custody or claims to have custody of or visitation rights with the child(ren).

  1. Check either 10(a) or 10(b). (Attached is the statute regarding the definitions of joint custody, sole custody, and physical custody). If you choose 10(a) write in the name of the person the child(ren) will spend most of their time with. Then write in the name of the other parent. OR

If you choose 10 (b) write in the name of the parent who should have primary custodial rights. Write a brief explanation telling why “sole” custody is best for the child(ren).

(20) Check this box if you want the judge to order one party to pay child support, and write in the name of the parent who should pay child support.

(21) Check the box if you think one party should be ordered to purchase life insurance, and write in the name of the parent who should be ordered to purchase life insurance.

(22) Check this box if you are requesting child support from the Respondent during the time until the case is finished.

(23) Check this box if you want the judge to order child support from the date of birth of the child(ren).

(24) Check this box if you want the judge to order the Respondent to pay the childbirth/hospital expenses.

(25) Write in the name of the parent who should provide health and dental insurance.

(26) Check either a, b, or c.

Check (a) if you think one party should be responsible for expenses not covered by the insurance, and write in the name of the parent who should pay health and dental expenses not covered by insurance. OR

Check (b) if you think each party should pay one-half of the expenses not paid by the

insurance. OR

Check (c) if you think the parties should pay the expenses not covered by the insurance

according to the percentages shown on the child support worksheet.

(27) Check this box only if the father’s name is not on the birth certificate and you want the Court to order blood tests to determine paternity.

(28) You, as the Petitioner, must sign the Petition IN FRONT OF A NOTARY PUBLIC. You can print your name and fill in your address, but DO NOT SIGN until you are in front of a notary public.

(29) Write in the name of the County where you are having the Petition notarized.

(30) Write your name on this line.

(31) You will need to sign your name here while you are with the notary public. DO NOT sign except in front of a notary public.

(32) 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.

PETITION TO ESTABLISH PARENTAGE, DETERMINE CUSTODY AND TIME-SHARING, AND ASSESS CHILD SUPPORT

COMES NOW, , the Petitioner and

alleges:

1. The Petitioner is a resident of County.

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

3. is the father of the minor child(ren).

4. The name(s), date(s) of birth, and age(s) of the minor child(ren) is/are:

Minor Child(ren) Subject to this Proceeding:

NAME

DATE OF BIRTH

AGE

PARENTAGE

5. [ ] Parentage has not been established.

OR

5. [ ] Parentage has been established by:

[ ] has acknowledged his paternity of the minor child(ren) in writing filed with the Department of Vital Statistics in the State in which the child(ren) was/were born.

[ ] has consented to paternity and is named as

father on the minor child(ren)=s birth certificate(s).

OR [ ] Paternity of the minor child(ren) listed above, has been established by blood tests.

OR [ ] has openly held out the minor child(ren) and established a personal, financial or custodial relationship with the child(ren).

RESIDENCE OF CHILD(REN)

6. During the past three years, the minor child(ren) has/have lived with the following persons, at the following places, and for the following periods of time:

History of child(ren)=s Living Arrangements:

NAME

ADDRESS

DATES

PRIOR OR PENDING LITIGATION

7. (a) [ ] Petitioner knows of NO other litigation concerning custody or visitation involving the minor child(ren) of the parties in New Mexico or in any other state in which Petitioner has participated as a party, as a witness, or in any other capacity.

OR

7. (b) [ ] Petitioner knows of other litigation concerning custody or visitation involving the minor child(ren) of the parties in New Mexico or in another state in which the Petitioner has participated as a party, as a witness, or other capacity. The other litigation concerning custody or

visitation involving the minor child(ren) of the parties is/are:

Court Proceedings Involving Petitioner

CASE NAME

CASE NUMBER

NAME/LOCATION OF COURT

OTHER CUSTODY AND VISITATION CLAIMS

8. (a) [ ] Petitioner has NO information of any proceeding that is pending in a court in New Mexico or in any other state involving visitation or custody with the parties= minor child(ren).

OR

8. (b) [ ] The following proceeding(s) is/are pending in a court in New Mexico or in any other state involving visitation or custody with the parties= minor child(ren):

Court Proceedings

CASE NAME

CASE NUMBER

NAME/LOCATION OF

COURT

9. (a) [ ] Petitioner knows of no persons other than the parties who have physical custody of

the minor child(ren) or who claim to have custody or visitation rights to the minor child(ren).

OR

9. (b) [ ] The following persons other than the parties have physical custody of the minor

child(ren) or claim to have custody or visitation rights to the minor child(ren):

NAME

ADDRESS

CUSTODY REQUEST

10. (a) [ ] The parties should be awarded JOINT legal custody of the minor child(ren), with

primary physical custody with and

to have periods of care and responsibility consistent with the best interests of the child(ren).

OR

10. [ ] (b) should be awarded SOLE legal and physical

custody of the minor child(ren) subject to the other parent=s reasonable rights of visitation. Sole

legal and physical custody is in the best interests of the minor child(ren) because: ______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

CHILD SUPPORT

11. [ ] Child support should be set according to the New Mexico Child Support Guidelines and

  should be ordered to pay child support in an amount as determined by the Child Support Guidelines and Worksheet included therein.

12. [ ] should be ordered to purchase life insurance with a substantial benefit amount, naming the other parent as trustee for the benefit of the minor child in order to pay the child support obligation upon the paying parent=s death.

13. [ ] Petitioner requests immediate child support during the pendency of this case, in accordance with the New Mexico Child Support Guidelines.

14. [ ] Petitioner requests that child support be retroactive to the birth of the child, and that the amount of child support be in accordance with the New Mexico Child Support Guidelines.

15. [ ] Petitioner requests that Respondent be ordered to pay the childbirth/hospital expenses, including hospital and medical expenses, in a reasonable amount.

MEDICAL INSURANCE AND EXPENSES

16. should provide health and dental insurance for the minor child(ren).

17. [ ] (a) should pay 100% of the child(ren)=s health and dental expenses not paid by insurance.

OR

17. [ ] (b) The parties should each pay one-half of the child(ren)=s health and dental expenses not paid by insurance.

OR

17. [ ] (c) The parties should pay the child(ren)=s health and dental expenses not paid by insurance in the percentages shown on the child support worksheet.

BLOOD TESTING

18. [ ] Petitioner requests blood testing be ordered with blood samples to be sent for testing to a qualified blood testing laboratory and HLA tests and any other testing facility recommends to be performed.

BIRTH RECORD

19. Upon determination of parentage, the Bureau of Vital Records and Health Statistics of the NM Department of Health should be ordered to change the birth record of the minor child(ren) to reflect said parentage.

WHEREFORE, Petitioner asks the Court to:

  1. Establish the parentage of the minor child(ren).

2. Order child support according to the New Mexico Child Support Guidelines.

3. Award child custody in accordance with the Petition.

4. Grant such other and further relief as the Court deems just and equitable.

RESPECTFULLY SUBMITTED,

Signature: Print Name: Address: __________________________________

Telephone: ________________________________

STATE OF NEW MEXICO )

) ss.

COUNTY OF )

I, , being first duly sworn upon my oath, depose and state that I am the Petitioner in the above-entitled cause. I have read the attached PETITION TO ESTABLISH PARENTAGE, DETERMINE CUSTODY AND TIME-SHARING, AND ASSESS CHILD SUPPORT. I state that the contents thereof are true and correct, except to the matters stated on information and belief, and those matters I believe to be true.

Signature:

Print Name:

SUBSCRIBED AND SWORN TO before me this day of ,

20 , by .

My Commission Expires: ___________________ NOTARY PUBLIC

INSTRUCTIONS FOR COMPLETING THE SUMMONS

  • Read the overview first.

  • Type or print neatly using black ink.

Lines 1 through 4 are the caption of the case.

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

(2)Write in your full name (Petitioner)

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

your petition.

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

(5)Write in the name and address of the other party (Respondent).

(6)If you do not have an attorney representing you, write in your name and address in the space provided.

(7)This section will be completed by the Clerk=s Office. DO NOT fill in any of the information in this area.

Attached is a Return of Service. This document is to be completed by law enforcement or the person who will be serving the Respondent. DO NOT

fill in any of the information on this document.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF

,

Petitioner,

vs. Case Number:

,

Respondent.

SUMMONS

TO THE RESPONDENT:

Name of Respondent[s]

_____________________________________________________

Address

_____________________________________________________

City, State and Zip

GREETINGS:

You are hereby directed to serve a pleading or motion in response to the Petition To Establish Parentage, Determine Custody and Time-Sharing, and Assess Child Support within thirty (30) days after service of this summons, and file the same, all as provided by law.

You are notified that, unless you serve and file a responsive pleading or motion, the plaintiff will apply to the court for the relief demanded in the Petition.

Attorney or attorneys for plaintiff: ______________________________________________

________________________________________________

________________________________________________

WITNESS the Honorable ____________________, District Judge of the First Judicial District Court of the State of New Mexico, and the seal of the District Court of ____________________ County, this _____ day of ______________________, 20____

STEPHEN T. PACHECO

Clerk of the District Court

By __________________________.

Deputy

RETURN OF SERVICE

STATE OF NEW MEXICO )

COUNTY OF ________________ )

I, being duly sworn, on oath, say that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served the within Summons in said County on this date: ___________ by delivering a copy thereof, with copy of Complaint attached, in the following manner:

(check one box and fill in appropriate blanks)

[ ] to Defendant (used when Defendant receives copy of Summons or refuses to receive Summons)

[ ] to _______________________, a person over fifteen (15) years of age and residing at the usual place of abode of Defendant_____________________, who at the time of such service was absent therefrom.

[ ] by posting a copy of the Summons and Complaint in the most public part of the premises of Defendant _______________________ (used if no person found at dwelling house or usual place of abode)

[ ] to _______________________, an agent authorized to receive service of process for Defendant _________________________.

[ ] to ______________________________, (parent) (guardian) of Defendant ___________. (used when Defendant is a minor or an incompetent person)

[ ] to ___________________________________(name and title of person authorized to receive service. (used when Defendant is corporation or association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision)

________________________________________ ___________________

Signature of Person Making Service Title [if any]


*SUBSCRIBED AND SWORN to before me this ____day of _____________________, 20___.

__________________________________________________

Judge, Notary or Other Officer authorized to Administer Oaths

______________________________

Official Title

*If service is made by the sheriff or a deputy sheriff of a New Mexico county,

the signature of the sheriff or deputy sheriff need not be notarized.

INSTRUCTIONS FOR COMPLETING THE ORDER TO PRODUCE

DISCOVERY FOR CHILD SUPPORT AND INTERIM

ALLOCATION HEARINGS

  • Read the overview first.

  • Type or print neatly using black ink.

Lines 1 through 4 are the caption of the case.

(5) LEAVE THIS BLANK. The Self Help Center on the first floor of the Courthouse will assign a Hearing Officer.

  1. The Self Help Center will schedule a date and time for the hearing.

(8)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 TO PRODUCE DISCOVERY

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.

If you are unsure about how to complete the Parenting Plan, you may consider setting an appointment for mediation with Family Court Services (827-5051), where a counselor will assist in establishing an age appropriate plan for your child(ren).

Lines 1 through 4 are the caption of the case.

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

(2) Write in your full name (Petitioner).

(3) Fill in your case number. This is the number that the Court Clerk assigned to your case when it was first opened. The case number will always be the same on all pleadings.

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

(5) This section is to indicate how the child(ren) will spend their time during the week.

(6) This section is to indicate the day and time the weekend starts and ends.

(7) This section is optional. You may create a calendar regarding visitation and attach it to the Parenting Plan. Be sure to indicate the year and times of day that the calendar begin and end in the space provided.

(8) This section is to indicate the number of weeks allowed for each parent to schedule vacation with the child(ren). You also need to indicate how many days notice each parent will need to give the other parent before scheduling a vacation.

(9) This section is optional.

(10) Indicate how the child(ren) will spend their birthday each year.

(11) This table is used to indicate how the child(ren) will spend the holidays, regardless of the

day of the week.

(12) Write in how the child will be transported between visitations.

(13) Check either A or B. If you check A, fill in the blank for the number of days until you review this plan, e.g., 30, 60, 90, etc.

(14) This section is used to indicate the status of the child(ren).

(15) This section is regarding about how to solve arguments. The table provided lists problem

solving steps. Check and number the steps that will apply to you. If they all apply, number the choices in order.

(16) The Mother will need to sign her name in front of a notary public. DO NOT sign except in front of a notary public.

(17) This section will be completed by the notary public. DO NOT fill in any of this

information.

(18) The Father will need to sign his name in front of a notary public. DO NOT sign except in front of a notary public.

(19) This section will be completed by the notary public. DO NOT fill in any of this

information.

  1. LEAVE THIS BLANK. The Judge will date the document the same day he signs it.

  1. 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.

PARENTING PLAN


1. Legal Custody

We agree to share joint legal custody of our children; that is, neither of us will make a major change affecting our children in the areas of religion, residence, non-emergency medical care, education or major recreational activities without consulting with the other parent. Before such a decision is made, we will discuss the matter and both of us must agree. If we cannot agree, our disagreement will be resolved by the methods we have chosen and set out in this parenting plan.


2. Time-Sharing

We will share time with the children as follows:

Weekdays:________________________________________________________

_________________________________________________________________

_________________________________________________________________.

Weekends: Weekends begin at ______ o'clock (Friday) (Saturday) [Choose 1]and end at ______ o'clock (Sunday) (Monday), unless Monday is a legal holiday, in which case the weekend ends at ______ o'clock (Monday) (Tuesday).

(Optional): We have attached a calendar for the year _____ to this plan, and have marked in red the days the children will spend with mother and in blue the days the children will spend with father. Days for this calendar begin at _____ o'clock and end at _____ o'clock.

Vacations: Each parent will have uninterrupted time with the children for ______ weeks each summer if that parent gives the other at least _____ days notice.

(Option for young children): Until the youngest child reaches age _____, uninterrupted vacation time with parent is limited to ____ weeks. Between the ages of ____ and ____, that time will be ___ weeks. Between the ages of ____ and ____, that time will be ____ weeks. After reaching age ____ , vacation time will be ____ weeks.

Holidays: Regardless of the day of the week, the children will spend:

(a) Mother's Day and mother's birthday with mother;

(b) Father's Day and father's birthday with father;

(c) Children's birthdays with _______________ in even-numbered years

and with __________________ in odd-numbered years.

Children will spend their time on holidays as follows:

Even-numbered yrs Odd-numbered yrs

Easter _______________ _______________

Thanksgiving _______________ _______________

Christmas _______________ _______________

__________________ _______________ _______________

__________________ _______________ _______________

Telephone: We agree that the children have a right to place phone calls to and receive phone calls from the absent parent.

Changes: Each of us is free to ask for exceptions to this schedule, but we understand that the other parent can say "no", and we will not argue about it.

Transportation: We will divide the responsibility for getting the children to and from each other's house, day care, school, etc., as follows:

__________________________________________________________________

__________________________________________________________________.

3. Trial Period or Permanent Plan: (Check one)

A. [ ] We have not tried this time-sharing schedule before, so we agree that we will review the time-sharing plan in ___ days and at that time we will make any changes we agree on. If we cannot agree on changes, we will resolve our dispute using the method set forth in paragraph 6 below. If we litigate, a "Material Change in Circumstances" will not have to be proved in order to change the schedule.

B. [ ] We have already tried this time-sharing schedule, so we intend it to be permanent. We recognize, however, that as our children grow and our lives change, it may be necessary to change the schedule from time to time. We agree that this is a major change that we have to discuss and agree on, and if necessary follow the dispute resolution procedures set out in paragraph 6 below.


4. The Status Quo -- What we have now:

(a) Religion __________________________________

(b) Doctor __________________________________

(c) Dentist __________________________________

(d) Other medical __________________________________

(e) School __________________________________

(f) Recreation __________________________________

We agree that neither of us will remove, cause to be removed, or permit removal of the children from the State of New Mexico, except for temporary visits which do not interfere with the time-sharing schedule, without the written consent of the other parent or resolution of the dispute by the method set forth in paragraph 6 below.

5. Emergencies

In case of a medical emergency, if time allows, the parent with that period of responsibility will contact the other parent concerning treatment of the child. If the absent parent cannot be reached, any decision for emergency medical treatment will be made in the best interest of the child by the available parent.

6. Dispute Resolution

We will discuss all major changes in the children's lives in order to try to reach agree-ment. If we cannot agree, after discussion, we will:

[ ] Participate in family counseling to try to reach agreement.

[ ] Participate in conciliation or mediation to try to reach agreement.

[ ] Submit the matter to __________________ for binding arbitration.

[ ] Allocate ultimate responsibility to _______________ for decisions.

[ ] submit the matter to the District Court, which may refer the matter to a special master, or who may terminate joint custody, among other resolutions.

[NOTE: If more than one method of dispute resolution is desired, number the choices

in order (#1 for the first method to be used, #2 for the second method, etc.)].


7. General Matters

In order to foster a continuing relationship between our children and both of their parents, we both agree:

(a) to be actively involved in the major decisions and legal responsibilities of our children.

(b) to communicate and be flexible about the needs of our children, especially as those needs change due to growth and development.

(c) to be supportive of and positive about the children's relationship with the other parent. Each of us will give loving permission to the children to enjoy the relationship with the other parent and neither of us will interfere with the parent-child relationship of the other.

(d) neither of us will align the children against the other parent or the other parent's family.

(e) We agree that each of us is responsible to keep the other parent informed of the children's school functions, parent-teacher conferences and recreational activities.

I Agree: I Agree:

________________________________ ___________________________________

SUBSCRIBED and SWORN TO before me on this date:______________

Mother=s Signature Father=s Signature

SUBSCRIBED and SWORN TO before me on this date:

My Commission Expires: ___________________

________________________________ NOTARY PUBLIC


My Commission Expires: ___________________

_________________________________ NOTARY PUBLIC


APPROVED:

Date: ____________________________________

District Court Judge

INSTRUCTIONS FOR COMPLETING AN

ORDER ESTABLISHING PARENTAGE, CUSTODY,

TIME-SHARING AND CHILD SUPPORT

  • To complete this order you will need a copy of your “Petition to Establish Parentage, Custody, Time-Sharing and Child Support.”

  • Read the overview first.

  • Type, or print neatly using black ink.

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

Lines 1 through 4 are the caption of the case.

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

  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.

(3) Write in your full name.

  1. Write in the full name of the other parent.

  1. Write in the full name of the child(ren).

  1. Write in the county where the Petitioner lives.

  1. Write in the name of the mother of the minor child(ren).

  1. List the name(s), date(s) of birth and the present age of the child(ren).

  1. Write in the name of the father of the minor child(ren).

  1. List the name(s) of the child(ren).

  1. Check the box that describes what the finding of paternity is based on. If there is more

than one child, write the name of each child next to the appropriate box. For instance, if

there are two children, and the father’s name is on one child’s birth certificate, write that

child’s name in parentheses on the line next to “Birth Certificate”. If the father’s name is

not on the other child’s birth certificate, but paternity has been established by genetic

(DNA) testing, write that child’s name in parentheses on the line next to “Genetic

Testing”.

  1. If you check (Other), write in the basis for the finding of paternity.

  1. Check box (a) if you want joint custody.

OR, Check box (b) if you do NOT want joint custody, then write in the name of the parent who should have primary parental rights.

  1. Check box (a) if you are using a separate Parenting Plan. Attach a copy of the Parenting

Plan to the Order.

OR, Check box (b) if you are not using a separate Parenting Plan. Fill in the visitation or time-sharing schedule you are asking the Judge to approve in the space provided.

(15) Check box (a) if you are using the amount of child support determined by the Child Support Worksheet. Fill in the name of the party the Worksheet says pays child support. Then fill in the amount of child support from the Worksheet. Be sure to attach the completed, signed and dated Worksheet.

OR, Check box (b) if the amount of child support deviates (does NOT follow the Worksheet) from the Child Support Guidelines. Fill in the name of the party the Worksheet says should pay child support. Then fill in the amount of child support that will be paid per month. In the space provided write down why the Child Support Guidelines should be not be followed. Be sure to attach the completed, signed and dated Worksheet.

(16) Check box (a) if you want the child support withheld from the party paying child support. Write in the amount child support to be withheld each month. Child support will be withheld by the payor’s employer. The employer will pay that amount to the Child Support Enforcement Division (CSED). CSED will then pay you.

OR, Check box (b) if you want to waive wage assignment and have the payments made by one parent directly to the other parent.

(17) Write in the name of the natural mother.

(18) Write in the name of the natural father.

(19) Write in the name(s) of the child(ren) and the date(s) of birth. (Note: they should match the name(s) and date(s) of birth in number (8).

(20) Check box (1) if you want joint custody. (Note: if you selected (13) (a), on page 3 of this order, you must choose this option.)

OR, Check box (2) if you do not want joint custody. Then write in the name of the parent the child(ren) will live with most of the time.

(21) Check box (1) if you are using a separate Parenting Plan. OR

Check box (2) Choose this box if you are not using a separate Parenting Plan. Fill in the visitation or time-sharing schedule in the space provided. (Note: This should be the same as in (13)(b) on page 3 of this Order.)

(22) Fill in the name of the party the Child Support Worksheet says should pay child support.

(23) Fill in the amount of child support to be paid each month.

(24) Fill in the name of the parent who will receive the child support.

(25) Fill in the day of the month that child support will be paid (for example: the 1st or

15th).

(26) Fill in the month selected to begin the child support payments (this is often the first month following the preparation of the Order).

(27) Fill in the number to show the year child support payments will begin.

(28) This is the same day as for line 25.

29) and (30) Select the date for the parties to exchange financial information each year, so

adjustments can be made for future child support. This is required in New Mexico. Fill in the day selected, (29). Fill in the month selected (30). This is often May or June, so the tax returns for the previous year are available.

(31) Procedure for paying child support. There are three choices, pick the one that applies.

Check box (1) if you want to waive wage assignment. Fill in the name of the person who will receive the child support. Then fill in the address of a person. NOTE: if you selected 9(b) on page 5 of this Order, you must select this paragraph.

OR, Check box (2), if the child support is to be withheld from the income of the party paying child support. NOTE: if you checked box for 9(a) on page 5 of this Order, you must select this paragraph. Fill in the name and social security number of the party paying the child support. Then fill in the Child Support Enforcement account number (located in section (b) to be shown on each child support payment withheld and sent to the agency. In order to obtain a case number, you MUST file a child support case with the NM Child Support Enforcement Division. The Child Support Enforcement Division may be reached at 1-800-288-7207 or on the website: /csed.

OR, Check box (3) if the parent who is to receive child support receives assistance from the Human Services Department of the State of New Mexico (TANF). Fill in the Child Support Enforcement account number in section b.

(32) Check this box if payments on back child support are going to be made in addition to the current child support obligation.

(33) Fill in the name of the person who will pay the additional payments.

(34) Then fill in the total amount of back child support that is owed.

(35) Fill in the amount of additional monthly payments for paying off the back child support.

(36) Check this box if childbirth/hospital/medical expenses are to be paid. (This is usually used if there are medical expenses for childbirth still unpaid, but can be used for reimbursing the mother if she has paid her own medical expenses.)

(37) Fill in the name of the person who will pay the childbirth/hospital/medical expenses.

(38) Fill in the total amount of childbirth/hospital/medical expenses owed to all persons or businesses.

(39) List the name of each person or business who will receive a payment for these expenses. Then fill in the amount to be paid along with an explanation concerning each service that has been provided.

(40) Check this box if health and dental insurance is to be provided for the child(ren).

(41) Write in the name of the parent who will pay the insurance.

(42) Check this box if you want to determine how medical expenses not covered by

by insurance will be provided for the child(ren).

(43) Write down the arrangement for paying medical expenses not covered by insurance in the space provided.

(44) Check this box if life insurance will be provided.

(45) Fill in the name of the parent who will have the life insurance coverage.

(46) Fill in the “benefit amount” of the life insurance.

(47) Write in the name(s) of the child(ren) as listed in (10) on page 2 of this Order.

(48) LEAVE THIS BLANK. The Judge will fill in this section.

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

(50) The Petitioner signs on this line.

(51) The Respondent signs on this line.

(52) A signature is required on this line before submitting the order to the Judge if the child(ren) receive TANF. If the child(ren) are on TANF, then this line will be signed by an attorney in the Child Support Enforcement Division showing approval of the child

support provisions.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF ________________

,

Petitioner,

vs. Case Number:

,

Respondent.

and involving,

,

The Minor Child(ren)

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

1

Смотреть полностью


Похожие документы:

Поиск не дал результатов..