Frequently Asked Questions-Family Law Services
At The Standridge Law Firm, P.C., we are personal injury and family law attorneys serving the legal needs of the residents of Albuquerque, New Mexico. Family law services, in particular, can be very complicated and stressful if not handled by an experienced, skilled attorney.
While going through a family law case—divorce, custody battle, child support—many individuals have similar frequently asked questions that we would like to discuss for you here. It is important to note that each of the following questions has been answered generally, and you should consult our attorneys concerning your specific case.
What Is the Difference Between Joint and Sole Legal Custody?
New Mexico laws require the court to determine custody of a child if the child is under 18 years of age. The courts are required to keep the best interests of the child at the forefront of their decision. Joint legal custody means that both parents participate in decisions regarding the child’s religion, residence, recreation, schooling, and healthcare. The courts may also establish a visitation schedule so that both parents have equal access to their child.
Sole legal custody means that the child’s health, schooling, religion, and other major decisions are the sole responsibility of one parent. When making these decisions, the legal custodial parent does not have to consult with the non-custodial parent.
How Does the Court Determine Time Sharing?
Each child custody case is unique and deserves careful investigation by a firm experienced in family law services such as The Standridge Law Firm, P.C. In general, the court will determine your child custody time sharing which can include alternating weekends, one evening per week, vacations, holidays, Christmas, Easter, etc.
How Is Child Support Calculated?
As always, each case is unique and may have complications that only an experienced attorney can assess. Generally, child support is calculated by taking a number of factors into account including:
- Time share
- Tax filing status of each parent
- Income of each parent before Federal and State taxes, FICA, and SDI
- Mandatory deductions of each spouse such as health insurance
- Presence of child/spousal support income or payments from other relationships
- Tax return deductions
- Hardship deductions like catastrophic losses or uninsured medical expenses
These and other individualized factors will help determine the amount of child support you will receive or pay.
Is NM an Alimony State?
Yes. Once the length of the marriage and income of the parties involved are determined, the court will set the parameters of alimony if it is warranted based on individual facts. Alimony is also known as spousal support or maintenance.
How Long Does the Process Take?
One of the most common questions we receive is how long the particular process of your specific family law case will take. On average, you will spend about 6-8 months in the legal process, but the exact timing depends on your individual case and its complexities.
Can I Relocate with My Child?
Whether you have sole or joint custody of your child, relocating is a complicated issue. Based on your individual case, the courts will consider several important factors regarding the proposed move. These include the reason for the move, the best interest of the child, the timing of the move, the age of the child, and many other issues.
At The Standridge Law Firm, P.C., our attorneys are well-versed in all legal areas of family law services and are here to help you. Whether you are fighting for sole custody or need assistance with the particulars of your divorce, we can provide you with the legal advice and representation you need. Contact The Standridge Law Firm, P.C. for a consultation to discuss your case and all the questions you may have.