This is the second part in our multi-installment blog on important do’s and don’ts in Santa Fe family law cases.
Please click Here to read Part I.
Don’t try to police how your spouse spends the voluntary child support you pay.
We hear from many dads that are struggling to afford a separate household while making voluntary support payments. It can be very frustrating if you believe that your spouse is spending child support on the spa or in another way that does not directly benefit your child. Unfortunately, the parent receiving child support can spend the money as the parent sees fit so do not try to police how the money is spent. Some parents paying voluntary child support make the mistake of providing diapers, baby food, children’s clothes or similar items to ensure that what is provided is spent on his or her children. The problem is that this is not considered child support by the court so give money in a form that can be documented.
Don’t disparage the other parent in your children’s presence.
While many people that read this may assume that this piece of advice is obvious, the difficulty in adhering to this recommendation cannot be fully experienced until your soon to be ex-spouse really does something to upset you. A spouse may fail to make a child support payment for months or refuse to cooperate in a child custody exchange. It is at these moments that it is most important to be magnanimous at least in front of your children. There are many legal remedies available for these types of actions, such as wage assignments for child support, contempt proceedings to enforce a custody or child support order and attorney fee sanctions for all forms of non-compliance with court orders. The key is that allowing your attorney to assist you in resolving the conflict in court will protect your children from animosity and reflect favorably upon you in a child custody dispute. Family law judges view disparagement of the other parent in a divorce very negatively – don’t do it!
Don’t sign anything without legal advice.
Any document you sign could have significant legal impact on your rights and obligations. Even if you think you and your spouse have worked everything out, there are many pitfalls and traps that can derail your agreement or create serious problems if you do not get legal advice prior to signing. Most writings regarding property and debt division between you and your spouse may be binding even if it is informal and handwritten. A spouse may be bound by the terms of the document even if it is not witnessed or notarized. The advice not to sign anything until your attorney has reviewed it even applies to agreements reached with your spouse in mediation. If you indicate to the mediator that you want to have your attorney review it before signing, the mediator will understand and honor this request.
The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experience legal counsel for a specific opinion tailored to your individual circumstances.
The New Mexico divorce law firm of Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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