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Termination of Parental Rights Also Terminates Financial Responsibility in New Mexico

11/19/2013

1 Comment

 
-- Paul E. Padilla

This week, the New Mexico Court of Appeals ruled that if a parent’s parental rights are terminated, his or her financial responsibility for the child is also terminated. 

Previously, if the New Mexico Human Services Department terminated a parent’s rights, the parent still had to pay child support to the other parent or the State, if the child was in foster care.

In Colorado, if the Department of Human Services terminates a parent’s rights, the parent no longer has to pay child support.  However, if a parent voluntarily relinquishes his or her rights, they still have to pay child support.  This distinction is to ensure that parents don’t abandon their children simply to avoid financial responsibility.

However, in New Mexico, because the Court of Appeals created a new rule based on the circumstances of a single case, rather than creating a statute that makes a distinction between voluntary and involuntary termination, parents can potentially end their financial responsibility by giving up their parental rights.

Unfortunately, this may incentivize many parents to simply give up their parental rights to avoid paying child support.

The New Mexico Supreme Court may still reverse this decision.  However, until it does, there is no distinction between voluntary and involuntary termination, which may cause significant problems in enforcing child support orders.

1 Comment
Christa DeHerrera
11/29/2013 12:44:06 am

Paul,
I am concerned and looking into these laws because I am searching for my ex husband that still has rights to see the children per supervision but chooses not to. He has disappeared for 2 years now and if I locate him, how do I appeal to the courts to assist me with obtaining his back child support or future payments if he is even responsible for them?
Sincerely,
Looking for your expertise!

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    First Draft is a collaborative effort between Beth and Paul Padilla, both equity partners in the firm, and is intended to give you a brief overview of current legal topics and let you know what effects those issues may have in your life.

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