Parentage Packet

FIRST JUDICIAL DISTRICT COURT CONSTITUENT SERVICES P.O. Box 2268 Santa Fe, New Mexico 87504 505.476.0177 PARENTAGE PACKET 1. 2. 3. Overview: Parentage (Paternity) Cases Parentage/Custody Flow Chart INSTRUCTIONS for completing Domestic Relations Information Sheet; Domestic Relations Information Sheet INSTRUCTIONS for Completing Petition to Establish Parentage, Determine Custody and Time Sharing, and Assess Child Support INSTRUCTIONS for Completing the Summons INSTRUCTIONS for Completing the Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents; Order to Produce Discovery for Child Support and Interim Support Hearings. INSTRUCTIONS for Completing the Order for Mediation INSTRUCTIONS for Completing the Acceptance of Service New Mexico Statute 40-4-9.1 plan Joint custody; standards for determining; parenting 4. 5. 6. 7. 8. 9. 10. INSTRUCTIONS for Completing the Parenting Plan 11. INSTRUCTIONS for Completing an Order Establishing Parentage, Custody, TimeSharing and Child Support INSTRUCTIONS for Notice to Withhold Income 12. Pg 10, Parentage.Summons 1 American LegalNet, Inc. www.FormsWorkFlow.com OVERVIEW: PARENTAGE (PATERNITY) CASES A legal case filed under the Uniform Parentage Act is called a "parentage" case. A "parentage" case can be brought by a father or mother or even the child (up to age 21). The purpose of a parentage case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child. If you own property together, such as a house or a car, and you are not married, the proper action to divide that property is a separate civil (CV, not DM) action. You cannot take care of property issues in a parentage case. The New Mexico Human Services Department, Child Support Enforcement Division, will help either parent file a paternity case. You can reach them at 1-800-288-7207 or visit their website at www.hsd.state.nm.us/csed. These are the forms you will need to complete for your parentage case. 1. Domestic Relations Information Sheet This is an information sheet to alert the Court that children are involved in the legal case. It should be filled out as completely as possible. When completed, give it to the Clerk of the Court along with all other papers. This form does not become part of the public record. 2. Petition to Establish Parentage This is the formal request for the Court to determine parentage (who the father is), establish a parenting plan and assess child support. The Petition must be "filed" with the Clerk of the Court. "Filing the Petition" means that the original Petition is given to a person in the Court Clerk's Office, who then opens a court file for the case, assigns the case a number, and assigns a judge to hear the case. The person who files the Petition is called the Petitioner. The other party is called the Respondent, because that person must file a Response to the Petition (see #6 below). There is a filing fee of $137.00 that must be paid by cash, cashier's check, or money order only, no personal checks, at the time the Petition is filed. If you can't afford to pay the filing fee, you may request a Motion and Affidavit for Free Process, fill it out completely, and file it before you file the Petition. If the Motion is granted, you will not have to pay the filing fee when you file the Petition. Along with the Petition, the Petitioner must also file a Summons, a Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents, and an Order for Mediation. Pg 10, Parentage.Summons 2 American LegalNet, Inc. www.FormsWorkFlow.com 3. Summons and Return of Service A copy of the Petition must be promptly "served" upon the Respondent. A Summons is notice to the Respondent that a legal case has been filed against him or her, and that a formal written Response must be filed with the Court within 30 days after the Petition and Summons are served. Service is very important. To "serve" means placing the Petition [as well as the Summons, Notice of Hearing and Order to Provide Documents and Order for Mediation] in the hands of the Respondent; in other words, service must be personal. Mailing the papers is NOT sufficient, even if it's done by Certified Mail. Anyone who is over 18 and who is not a party to the case may serve the papers. That means that the Petitioner CANNOT serve the papers, even if the Petitioner and the Respondent see each other and have a cooperative relationship. The Sheriff's Office or a professional process server can serve but they usually charge a fee. If the Court has already found that you can't pay court fees (by approving your request for Motion and Affidavit for Free Process), the Sheriff's Office will serve the papers for free. To prove that service is done, ask the person who performed the service to complete a Return of Service and then make sure it is filed with the Clerk of the Court. 4. Filing and Service of Other Pleadings All documents asking the Court to do something are called "pleadings". All pleadings must be filed in the Court Clerk's Office. "Filing pleadings" means that the original document is given to a person in the Court Clerk's Office, and that person adds it to the official Court record in the case. No pleading is official until it is filed. A copy of every pleading that is filed must be provided to the other party. Except for the Petition, every pleading that is filed must include a "Certificate of Service", stating that a copy of the pleading has been provided to the other party. They may be mailed, faxed, or hand-delivered 5. Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents An Order to Produce Discovery for Child Support and Interim Allocation Hearings Document is used for pre-trial and interim child support. This hearing is mandatory unless both parties agree on the amount of child support. You MUST provide the other party a copy of the filed Order to Produce Discovery for Child Support and Interim Allocation Hearings. If the parties agree on child support, they must complete and file a Child Support Work Sheet (see section 8 below). If a Child Support Worksheet, signed by both parties, is filed with the Petition, the Order to Produce Discovery for Child Support and Interim Allocation Hearings Documents does not need to be filed. Pg 10, Parentage.Summons 3 American LegalNet, Inc. www.FormsWo