Are you divorced but wondering about post-divorce disputes/issues in New Mexico? If so, you are not alone. In some cases, the two sides to a divorce move forward with their lives and begin a new chapter without any post-divorce issues. Unfortunately, some cases involve issues that sprout after the divorce is complete. When post-divorce disputes arise, the former couple is forced to interact and resolve the post-divorce issues.
There are a handful of common post-divorce issues in New Mexico. Most commonly, post-divorce issues involve modifying/changing a part of the divorce order. For instance, possibly one side requests to modify child support or alimony, based on a big change in circumstances. In other cases, either side may request to change the custody or visitation schedule, based on a major change in circumstances.
Let’s uncover the four common post-divorce issues in New Mexico.
Child custody/visitation orders are common post-divorce issues in New Mexico. Marriages that involve children require a Parenting Plan (“PP”) to get divorced. The PP resolves issues such as custody, visitation, and child support. The PP can either be reached through civil agreement, or through litigation. When litigation is necessary, the assigned judge determines the appropriate custody and visitation schedule.
After the divorce is granted, changes often occur. At times, the changes are so big that the custody/visitation schedule is no longer appropriate. In this situation, a parent can file a motion to change the custody/visitation order.
Once this motion is filed, the parents can civilly agree on a modified custody/visitation order. This agreement can be reached through communications, or mediation. When a resolution is not possible, the assigned judge decides if the current custody/visitation order should be changed. In doing so, the judge examines:
Are you or a loved one involved in a custody dispute? For instance, is your ex refusing to pay court ordered child support? Alternatively, has a major change occurred and your custody/visitation order is no longer appropriate? If so, Matthew Legan Sanchez is an experienced child custody attorney that can answer your questions.
Child support is a common post-divorce issue in New Mexico. Marriages that involve children require an agreement or order involving child support. At times, circumstances change the child support order is no longer appropriate. For instance, maybe one parent’s employment was terminated. In other situations, maybe the other parent’s income has substantially increased. Child support in New Mexico can be modified when:
Has there been a major change in circumstances since your child support was ordered? If so, Sanchez is an experienced child support attorney/lawyer that can answer your questions.
New Mexico is an alimony/spousal support state. Depending on the unique marriage, alimony may be appropriate. Alimony generally comes in two forms: (1) Lump-sum; and (2) Modifiable. A lump-sum and non-modifiable alimony is a fixed amount that cannot be changed. Conversely, modifiable alimony can be changed based on a major change in circumstances.
For instance, modifiable alimony is usually determined based on a spouse’s income at the time of divorce. In some situations, however, circumstances radically change. When this occurs, a spouse may no longer be capable of paying alimony/spousal support.
Provided that the alimony is modifiable, the court can address the changed circumstances. In doing so, the court can re-evaluate alimony based on the major changes in circumstances.
Every divorce requires a Martial Settlement Agreement (“MSA”). The MSA divides assets and debts that were built during the marriage. For instance, the MSA may address what happens with the marital home. In some cases, it is agreed that the martial home will be sold – with the equity/debt split. In other cases, one spouse may “buy-out” the other spouse’s interest in the home.
Additional property agreements surround:
Most commonly, post-divorce property disputes surround the marital home. For instance, possibly one party agreed to keep the marital home and pay the other spouse a specific amount. In other cases, the agreement may include the requirement to remove the other spouse from the underlying mortgage. For many reasons, one spouse may fail to pay the agreed upon, equalization payment. Additionally, one spouse may fail to remove the other spouse’s name from the home’s mortgage.
Post-divorce issues surrounding the marital home often require court interaction.
Is your ex refusing to follow your divorce’s property order? If so, you can file a Motion to Enforce. In doing so, you are asking your assigned judge to enforce the divorce agreement.
As discussed above, there are four common post-divorce issues in New Mexico. The easiest way to resolve any post-divorce issue is by civilly agreeing to resolve the issue. Unfortunately, not all post-divorce issues can be resolved amicably.
In the middle, the post-divorce issues may be resolved through mediation/settlement facilitation.
On the difficult end, the post-divorce issues must be resolved through your assigned judge. For this path, one side is forced to file a Motion to Enforce. In doing so, the spouse alerts the court about the violation, and requests a court order that resolves the issue.
Are you searching for divorce lawyers/attorneys to resolve your post-divorce issue? If so, Sanchez is an experienced divorce attorney/lawyer in New Mexico. With over a decade of trial experience, Sanchez is the experienced post-divorce dispute attorney/lawyer that you need.
As we have seen, there are several options for resolving your post-divorce dispute/issue. Ideally, you can resolve your issue outside of court. If not, then you need an experienced divorce attorney to enforce your divorce order.
For over a decade, Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants.
Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.
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