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Family Law:
Family legal matters can be overwhelming, emotional and complicated in a number of ways. Don't go it alone! Let us help you; let Mr. Mueller be your personal family law attorney. Mr. Mueller began handling Family Law cases while in law school.
If you believe your child or children are not receiving the child support they are legally entitled, please call us today; you need a child support lawyer who can help you. We can show you how you can collect the child support your children deserve and are legally entitled.
When you retain us, we will file all the necessary Court pleadings to get your case before a Judge as quickly as possible. We then begin the process of investigating the other parent's assets, income, and resources.
Are your children owed back-child support (arrears)? We can certainly assist you and coordinate with Child Support Enforcement Division to get the money your children legally deserve.
Would you enjoy seeing your children more often?
Like child support, custody and visitation are governed by State law. If you believe you are legally entitled to enjoy more quality time with your children, please contact us. We would like to discuss possible modifications to your Timesharing Plan/Parenting Plan.
As your child custody lawyer, Mr. Mueller can help you increase your visitation and times of parental responsibilities.
Remember despite what the other parent may say, you and your children have a right to maintain a relationship and visitation even when child support may be at issue.
Divorce:
Marriage is a milestone in a person's life; likewise so can be the dissolution of that marriage. We handle select divorce matters based upon the facts and circumstances of each case.
As your personal divorce attorney, Mr. Mueller will guide you as you build your new life, ensuring that your property is protected and that you receive your fair share of assets, property and any support if applicable. And if you have a child or children, we'll fight hard. Their best interests must be protected!
We will file the necessary motions to request temporary domestic support and we will ensure your assets and property are protected by means of Temporary Domestic Orders.
New Mexico is a no-fault state; which means that either party can petition for divorce. And the divorce can be granted even if the other spouse doesn't want the divorce! You don't have to prove adultery, abandonment, or cruelty. You simply have to tell the Court that you have "irreconcilable differences".
New Mexico is also a community property state. This means that each married spouse has both separate property and community property. Separate property are things that you had previous to the marriage or received as a specific gift just to you during the marriage. Other conditions of course apply.
The community property are those things which are owned by the married couple as an entity. An example of community property might be a home or a car. In New Mexico generally the community property is divided equally and each party will keep their own separate property. The same also applies to debts.
In most divorces there are several things that must be decided: child custody and visitation which is addressed in a mutually agreed upon parenting plan; division of community property, division of community debt, tax issues, possible spousal support, and division of pension plans which are addressed in a mutually agreed upon marital settlement agreement.
During a divorce, in some instances interim support, temporary spousal support, or rehabilitative spousal support are applicable. We will help you so you can receive the support and benefits you are legally entitled to.
In other cases, division and distribution of retirement plans are at issue. We'll explain what those terms mean and much more. And we'll show you how these concepts affect your daily life.
Custody and Child Support are determined in the following ways. Parents can either agree to fashion a fair parenting plan for themselves or when a dispute arises file a motion with the Court.
In Bernalillo County, the Court will many times refer the case to the Court Clinic which evaluates the parents and sometimes the children in order to determine "what's in the best interests of the child/ren."
Joint Custody is generally the case with one parent in the role of primary caregiver called the custodial parent and the other parent receiving visitation on specified occasions.
Many of the smaller cities in New Mexico have similar Court Clinics. Or the Court can appoint certain professionals called "Rule 706 Experts" who are in essence custody evaluators. These people help the Court decide the custody arrangement.
The non-custodial parent typically must pay child support which is determined by the New Mexico Child Support Guidelines which is a spread sheet which automatically calculates a child support worksheet based upon income, budgets, and a set of guidelines. Child Support varies greatly.
Don't let the complications of our legal system overwhelm or confuse you! Did you know that often times a Family Law case is fought in Family Court, Metro Court, and sometimes even in the Children's Court all at the same time?
We will guide you through the burdensome process of protecting your rights.
If you need professional legal advice with respect to Divorce, Child Support, and Visitation, the New Mexico Child Support Enforcement Division or Domestic Violence, please contact us today.
We also work with Domestic Partnerships and Same-Sex Couples with respect to their unique legal needs. We can help you draft relationship agreements, powers of attorney, living wills, and just about anything to protect your rights. We can also help with child support and custody issues too!
We handle cases involving Child Custody and Visitation, Child Support Enforcement, Child Support Modification, Divorce, Domestic Violence, and Prenuptial Agreements.