Generally speaking, when child support is a contested issue in family court, the case will concern one parent arguing with another over how much should be paid on a monthly basis. These battles can become nasty, particularly if both parents are fighting for primary custody of the child. However, not all child support issues are fights between a child’s parents. A recent case in New Mexico has shed light on the possibility that a child can also fight for child support with parents.
Specifically, the New Mexico Supreme Court has recently ruled that it is allowable for a child who has been legally emancipated to sue for and even to ultimately obtain child support from a parent. That is what has occurred there after a legally emancipated minor sued for support and had it granted. The girl, who is now a woman, left home when she was 16 in 2007 because of her mother’s abusive boyfriend. The decision also upheld a lower court’s award of more than $15,000 in child support that was due.
The decision overturned an appellate court’s ruling that an emancipated child could not sue for child support, and the decision was made because the legislature did not include specific language in the statutes that deal with this issue. The decision has sparked heated debate from both sides of this relatively new legal situation.
San Diego Child Support Lawyers
Clearly, this decision in New Mexico is one that is relatively rare. However, it does serve as an example of how long and drawn out child support issues can be and how difficult the financial result can also be if parents dealing with these payments are not dealing with them properly. Anyone who faces a potential child support issue needs to deal with it proactively.
If you are a father who is facing any type of problem with this issue, you need to seek the help of San Diego child support lawyers who have been fighting for the rights of husbands and fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.