Law Office of Densmore and Associates
3500 Main Street
Augusta, GA, 30906
(706)738-0591 FAX 798-0560
October 29, 2010
Ms. Mary Chavez
2500 Deadbeat Lane
Augusta, GA, 30904
RE: Child Support Payments
Dear Ms. Chavez,
My name is Naomi Densmore and I have been hired to represent Mr. Arturo Garcia, in the matter of your decision to stop sending the child support payments required by law, according to your court order. As you have not requested a child support modification from the court you are required to pay the full $3,000 dollars a month that you owe, as well as the difference between what you have chosen to pay and what is legally required, for the past four months.
According to the child support order established by the court, you are required to pay $3,000.00 a month for the support of your three children. Four months ago, upon your oldest child reaching their eighteenth birthday, you chose to reduce your payment by $1,000.00 without obtaining a child support modification. Then two months later, you decided to reduce your remaining payment to $500.00, based on your changed financial situation.
Section 40-4-7 of the New Mexico statutes, provides that the district court may modify and change a child support order and “shall have exclusive jurisdiction of all matters” concerning child support. In other words, you must have a child support modification approved by the courts before you can change the amount of the child support you owe. In the matter of your oldest child, because your child support does not specify a dollar amount per child, the full amount must be paid until the youngest child reaches his or her majority (or eighteenth birthday), unless you have the support order modified by the court. The New Mexico supreme court ruled, in Briton vs Briton that, “the well-established general rule is that an undivided support award directed at more than one child is presumed to continue in force for the full amount until the youngest child reaches majority.” Until or unless the court decides to modify this order, you are required by law to pay the full $3,000.00 for the support of your children. As per your changed financial circumstances, going through the court system in order to request a child support modification, is still the only way to change the amount that you owe.
Ms. Chavez, the law is very clear in its requirements of you at this time. You must pay Mr. Garcia, the $7,000.00 that you owe, or we will have to pursue an action for contempt of court. You have thirty days, to pay the arrears balance you have accrued, and resume the entire 3,000 dollars that is stated in your present child support order, or we will pursue this through the court. I strongly recommend that you cooperate fully and quickly in order to avoid the consequences which will otherwise ensue. If you have any questions please feel free to contact my office for further details. Thank you for your time.
Sincerely,
Naomi Densmore
Attorney at Law
3500 Main Street
Augusta, GA, 30906
(706)738-0591 FAX 798-0560
October 29, 2010
Ms. Mary Chavez
2500 Deadbeat Lane
Augusta, GA, 30904
RE: Child Support Payments
Dear Ms. Chavez,
My name is Naomi Densmore and I have been hired to represent Mr. Arturo Garcia, in the matter of your decision to stop sending the child support payments required by law, according to your court order. As you have not requested a child support modification from the court you are required to pay the full $3,000 dollars a month that you owe, as well as the difference between what you have chosen to pay and what is legally required, for the past four months.
According to the child support order established by the court, you are required to pay $3,000.00 a month for the support of your three children. Four months ago, upon your oldest child reaching their eighteenth birthday, you chose to reduce your payment by $1,000.00 without obtaining a child support modification. Then two months later, you decided to reduce your remaining payment to $500.00, based on your changed financial situation.
Section 40-4-7 of the New Mexico statutes, provides that the district court may modify and change a child support order and “shall have exclusive jurisdiction of all matters” concerning child support. In other words, you must have a child support modification approved by the courts before you can change the amount of the child support you owe. In the matter of your oldest child, because your child support does not specify a dollar amount per child, the full amount must be paid until the youngest child reaches his or her majority (or eighteenth birthday), unless you have the support order modified by the court. The New Mexico supreme court ruled, in Briton vs Briton that, “the well-established general rule is that an undivided support award directed at more than one child is presumed to continue in force for the full amount until the youngest child reaches majority.” Until or unless the court decides to modify this order, you are required by law to pay the full $3,000.00 for the support of your children. As per your changed financial circumstances, going through the court system in order to request a child support modification, is still the only way to change the amount that you owe.
Ms. Chavez, the law is very clear in its requirements of you at this time. You must pay Mr. Garcia, the $7,000.00 that you owe, or we will have to pursue an action for contempt of court. You have thirty days, to pay the arrears balance you have accrued, and resume the entire 3,000 dollars that is stated in your present child support order, or we will pursue this through the court. I strongly recommend that you cooperate fully and quickly in order to avoid the consequences which will otherwise ensue. If you have any questions please feel free to contact my office for further details. Thank you for your time.
Sincerely,
Naomi Densmore
Attorney at Law