To: Supervising Attorney
From: Heather Wells, Student
Date: January 31, 2016
Case: Arturo Garcia v Mary Chavez
Re: Child support modification
Statement of Assignment:
I have been asked to prepare a memorandum for you regarding the following questions
a. “Was it permissible for Ms. Chavez to unilaterally reduce support when the oldest child reached the age of majority?”
b. “What is the likelihood of the court granting a modification of child support due to Ms. Chavez’s change of occupation?
Issue:
Under Statutory Laws:
a. “NMSA § 28-6-1 (Repl. Pamp. 1991) (state of New Mexico) provides that the age of majority is reached when an individual turns 18 years old”,
b. “NMSA § 40-4-7 (Repl. Pamp. 1994)…Section F… ‘The court may modify and change any order in respect to . . . care, custody, maintenance . . . of the children whenever circumstances …show more content…
In regards to the first question, no, when a child reaches “the age of majority”, this does not mean that one party can make a change to the order of child support of their own accord. Ms. Chavez did not request a modification to the order through the courts, but simply made the change herself. The case reference for this is Britton v. Britton, 100 N.M. 424, 671 P.2d 1135 (1983) even though the child support is terminated at the age of 18 it does not allow for the order to be automatically modified. It has to go through the courts.
b. In regards to the second question, no, just because she decided to change her life once again does not qualify her to make the choice to alter the child support payments of her own accord. She once again did not request a modification through the court but rather modified it herself. The case reference for this is Wolcott v. Wolcott, 105 N.M. 608, 735 P.2d 326 (Ct.App. 1987) which states that just because a person makes a life change that alters their ability to afford the ordered child support, does not mean that they can modify the child support order without the courts
From: Heather Wells, Student
Date: January 31, 2016
Case: Arturo Garcia v Mary Chavez
Re: Child support modification
Statement of Assignment:
I have been asked to prepare a memorandum for you regarding the following questions
a. “Was it permissible for Ms. Chavez to unilaterally reduce support when the oldest child reached the age of majority?”
b. “What is the likelihood of the court granting a modification of child support due to Ms. Chavez’s change of occupation?
Issue:
Under Statutory Laws:
a. “NMSA § 28-6-1 (Repl. Pamp. 1991) (state of New Mexico) provides that the age of majority is reached when an individual turns 18 years old”,
b. “NMSA § 40-4-7 (Repl. Pamp. 1994)…Section F… ‘The court may modify and change any order in respect to . . . care, custody, maintenance . . . of the children whenever circumstances …show more content…
In regards to the first question, no, when a child reaches “the age of majority”, this does not mean that one party can make a change to the order of child support of their own accord. Ms. Chavez did not request a modification to the order through the courts, but simply made the change herself. The case reference for this is Britton v. Britton, 100 N.M. 424, 671 P.2d 1135 (1983) even though the child support is terminated at the age of 18 it does not allow for the order to be automatically modified. It has to go through the courts.
b. In regards to the second question, no, just because she decided to change her life once again does not qualify her to make the choice to alter the child support payments of her own accord. She once again did not request a modification through the court but rather modified it herself. The case reference for this is Wolcott v. Wolcott, 105 N.M. 608, 735 P.2d 326 (Ct.App. 1987) which states that just because a person makes a life change that alters their ability to afford the ordered child support, does not mean that they can modify the child support order without the courts