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Order Establishing Parentage Custody Time Sharing And Child Support Form. This is a New Mexico form and can be use in 11th Judicial District Local District Court.
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Tags: Order Establishing Parentage Custody Time Sharing And Child Support, New Mexico Local District Court, 11th Judicial District
ELEVENTH JUDICIAL DISTRICT COURT
COUNTY OF MCKINLEY
STATE OF NEW MEXICO
,
Petitioner,
No. D-1113-DMvs.
Respondent.
and involving,
The Minor Child(ren).
ORDER ESTABLISHING PARENTAGE, CUSTODY,
TIME-SHARING AND CHILD SUPPORT
THIS MATTER having come before the Court upon Petitioner's
Petition
to
Establish
Parentage,
Determine
Custody
and
Time-
Sharing, and Assess Child Support, the Court having considered the
evidence presented before it and being fully advised in the
premises, hereby enters its Findings of Fact, Conclusions of Law,
and Final Order as follows:
THE COURT FINDS:
1.
Petitioner lives in the State of New Mexico and resides
in McKinley County.
2.
The minor child(ren) has/have resided in New Mexico for
at least six (6) months prior ot the filing of this action.
PATERN\PATORD-331 9 PAGES
3.
is the mother of the minor
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child(ren), namely:
Minor Children Subject to this Proceeding:
Date of
Name
Present Age
Birth
4.
This Court has jurisdiction to determine custody and
time-sharing issues and venue is proper.
New Mexico is the home
state of the child(ren).
5.
is the father of the child(ren)
named in paragraph 3 above.
6.
This finding of Paternity is based upon the following
information:
7.
CUSTODY:
[ ]
Both Petitioner and Respondent are fit and proper
persons to have care, custody and control of the
minor child(ren)
of the parties.
OR:
[ ]
is a fit and proper
person to have primary care, custody and control of the minor
child(ren) of the parties.
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8.
TIME-SHARING.
The following is in the best interest of
the child(ren): (Complete one of the following:)
[ ]
The parties have entered into a Parenting Plan that
describes the agreed upon time-sharing schedule of each parent with
the minor child(ren).
The Agreement or Plan is filed herewith or
has been previously filed in this cause.
OR:
[ ]
The parties have agreed to the following time-
sharing plan which is set forth on page 5.
OR:
[ ] The Court determines that the time-sharing plan shall
be as set forth on Page 5.
9.
CHILD SUPPORT.
[ ]
Petitioner/Respondent is an able-bodied person, capable
of paying child support in the amount of $
per month.
A Child Support Worksheet is filed herewith, and this
amount is in accordance with the Child Support Guidelines.
OR:
[ ]
capable
Petitioner/Respondent is an able-bodied person who is
of
paying
contribute $
child
support
and
should
be
required
per month for child support.
Child Support Worksheet is filed herewith.
to
A
The amount of child
support deviates from Guideline Child Support.
The Child Support
Guidelines are waived in this matter because following the
Guidelines would create a substantial hardship due to these
circumstances:
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It is therefore determined that application of the
Guidelines would be unjust or inappropriate.
10.
WAGE ASSIGNMENT
[ ]
,the support
The income of
obligor, shall be subject to immediate income withholding in the
amount of $
per month for child support.
OR:
11.
WAIVER OF WAGE ASSIGNMENT
[ ]
The parties have waived immediate income
withholding and have agreed that the support obligor will make
child support payments directly to the support obligee.
THE COURT CONCLUDES:
1.
It has jurisdiction over the subject matter, parties
and child(ren) and venue is proper.
2.
The relief below is in accordance with law and should
be granted.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
is determined to
1.
be the natural mother and
is
determined to be the natural father of the child(ren) listed
herein:
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Name
[ ]
2.
Date of
Birth
Present Age
Petitioner and Respondent are awarded joint legal
custody of the minor child(ren) of the parties.
OR:
[ ]
2.
is awarded primary
care, custody and control of the minor child(ren) of the parties.
Petitioner/Respondent is awarded physical custody of the minor
child(ren) and Petitioner/Respondent is awarded visitation as
specified in paragraph 3 below.
3.
[ ]
Time-sharing with the minor child(ren) will be
as shown in the Parenting Plan filed herewith or
previously which plan is incorporated herein by reference.
OR:
[ ]
4.
as follows:
Petitioner/Respondent is ordered to pay child support
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in the amount of $
per month payable to
, commencing on the
and on the
day of
, 200
day of each and every month thereafter.
,
The
amount of child support has been determined in accordance with
the current New Mexico Child Support Guidelines or otherwise as
set forth in the findings.
Financial information will be
exchanged by the parties annually on or before the
day of
each year.
Support shall continue until the child(ren) attain the age
of 18 years(or 19 years if still in high school), are
emancipated, or until further order of the Court.
If the paying parent accrues a delinquency in his or her
support obligations hereunder equal to at least one month's
support obligation, his or her income shall be subject to
withholding in an amount sufficient to satisfy the support order
and an additional amount to reduce the deficiency.
[ ]
5.
The parties have waived income withholding.
The
obligor parent shall make payments directly to:
NAME:
ADDRESS:
OR:
[ ]
5.
Immediate income withholding for child support is
ordered.
[
] a.
The employer of the obligor,
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, Social Security No.
shall
make child support payments to the Child Support Enforcement
Division, at the address below.
OR
[
] b. Because the custodial parent is now
receiving aid from the State of New Mexico, payments shall be made
to the Child Support Enforcement Division at the address below and
the following special orders apply:
Payments
must
be
made
to
the
Child
Support
Enforcement
Division so long as the family is receiving assistance from the
Human Services Department to the State of New Mexico (TANF).
The address where payment should be sent to as to paragraphs
5a or 5b is as follows:
Child Support Enforcement, Accounting Division
P.O. Box 25109
Santa Fe, New Mexico 87504
shall be shown on
The account number
each payment.
[ ]
6.
In
addition
to
the
child
support ordered in
, is ordered to pay
paragraph 4 above,
retroactive child support or delinquent child support as follows:
$
, payable at $
per month, the
retroactive child support to be paid at the same time and in
addition to the child support amounts shown in paragraph 4.
[
] 7.
Petitioner/Respondent
is
ordered
to pay lying-in
expenses, including hospital and medical expenses, in the total
amount of $
PAYMENT TO:
payable as follows:
AMOUNT TO BE PAID
EXPLANATION OR DETAIL
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[ ]
8.
Health and dental insurance for the child(ren) will
be provided by the parents if the same is made available to them by
their
employers
or
if
not
available
such
insurance
shall
be
provided by Petitioner/Respondent (circle one).
[ ]
9.
Medical expenses for the child(ren) not paid by
insurance will be paid by the parents as follows:
[ ]
10.
Petitioner/Respondent is ordered to purchase life
insurance with a benefit amount of $
, naming the
other parent as trustee for the benefit of the minor child(ren) in
order to pay the child support upon the paying parent's death.
11. The Department of Vital Statistics of the State of New
Mexico is ordered to change the birth record(s) of
to reflect this parentage determination.
District Judge
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APPROVED:
Petitioner
Respondent
2/11 Revision
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