Albuquerque Divorce Lawyer Blog

Information Required for Child Support Modification
The New Mexico courts retain jurisdiction over the issue of child support until a child turns eighteen (18) or until a child turns nineteen (19) if that child is still in high school. The court's ongoing jurisdiction means that after an initial child support order has been entered, either party can petition the court for a change to child support up until the court loses jurisdiction. The party seeking a change in support would file a Motion to Modify Child Support with the court stating the grounds for the modification.

In order for the court to modify child support, the court must find that there has been a material and substantial change in circumstances. The court will presume that there has been a material and substantial changes in circumstances if more than one year has passed since the entry of the previous child support order and if the present circumstances would cause the monthly child support obligation to change by twenty percent (20%) or more.

Given that child support is based on the gross income of both parties, the child support guidelines require parties to exchange income information yearly so that the they can determine whether or not there has been the material and substantial change in circumstances necessary to modify support. Thus, all child support orders are required to include a provision that the parties will exchange the following financial discovery for the preceding year: complete state and federal tax returns; W-2 statements; IRS forms 1099; statements of amounts paid for work-related daycare; proof of amounts paid for dependent medical insurance premiums; and, paycheck stubs or statements for the four (4) months preceding the request.

Prior to filing a Motion to Modify Child Support, a party should run the child support worksheets. If the child support obligation would go up or down by 20%, then a modification is in order. In the absence of a material change, then the motion will likely be denied.

Anyone who thinks that they may be entitled to a modification of an existing child support order should would be well advised to contact an experienced child support attorney prior to filing a motion.

Collins & Collins, P.C.
Albuquerque Attorneys
www.CollinsAttorneys.com

Trick-or-Treat Safety Tips

While autumn brings cooler weather and golden leaves, it also ushers in aisles full of candy, costumes and creepy critters at local retailers. According to the U.S. Census Bureau, there were approximately 36 million trick-or-treaters aged 5 to 13 in 2009. There is no doubt that Halloween is big business, but it can also be a time of concern as children hit the streets in search of sweet treasure.

There are a number of hazards related to Halloween. The hazards are generally far more mundane than urban myth would have it. Fortunately for parents, they are far easier to guard against as well. The American Academy of Pediatrics has issued several Halloween safety tips, which can help keep children out of harm's way.

To begin with, find costumes, wigs and accessories that are labeled "flame resistant". Many well-intentioned neighbors have jack-o-lanterns with real flames sitting on porches or along walkways which could be within easy reach of visitors. The term, "flame resistant" does not mean "flame proof", but it does mean that the item burns more slowly and is more easily extinguishable if it does ignite.

Also, make sure costumes and footwear fit properly to avoid tripping or entangling a child as they walk. Costumes should be bright and reflective to alert passing motorists. Reflective tape can even be added to the child's clothing or trick-or-treat bag to enhance visibility. Flashlights or glow stick can further increase the chances that children are seen.

Consider using face paints or makeup instead of masks, which could obscure vision or obstruct breathing. If a mask is used, make sure it fits properly and has large eye and mouth holes.

Accessories, like canes, wands or swords should be examined for sharpness and the potential for injury due to a fall. Likewise, children should be warned about the dangers of pointing these objects at others. It might be best to leave these items at home so they are not dropped or forgotten along the trick-or-treating route.

Young trick-or-treaters should always be accompanied by a responsible adult. For older children planning on going alone, a parent or guardian should review the route beforehand and decide on an acceptable return time. Cell phones can be an invaluable source of contact.

All trick-or-treaters should be taught to use sidewalks and stay out of the streets. Cutting between parked cars can have deadly consequences, so only use street corners to cross. Walking across lawns or other landscaping can include hidden dangers, like potential falls from electrical cords connected to seemingly harmless Halloween displays. Only visit homes with visible porch lights and warn children against entering any home without prior permission.

Upon returning home, have an adult check and sort the treats, throwing out anything unwrapped or suspicious looking. Treat-tampering is a rare occurrence, but is still a possibility.

With an awareness of some of the dangers a trick-or-treater may face, potential tragedies can be 100% preventable. Thus, the scariest night of the year can be enjoyed for all the thrills and chills it brings.

Collins & Collins, P.C.
Albuquerque Attorneys
www.CollinsAttorneys.com