NM Bar Family Law & Domestic Relations 2 — Questions and Answers
Question 1: Under New Mexico law, which standard governs all child custody determinations?
- The primary caretaker preference
- The best interests of the child (Correct answer)
- Joint custody is presumed unless rebutted
- The child's preference if over age 14
Correct answer: The best interests of the child
New Mexico courts apply the best interests of the child standard in all custody determinations under NMSA 1978 § 40-4-9.
Question 2: In New Mexico, what is the default rule regarding property acquired during marriage?
- It is separate property unless designated community property
- It is community property belonging equally to both spouses (Correct answer)
- It belongs to the spouse who earned it
- It is held in tenancy by the entirety
Correct answer: It is community property belonging equally to both spouses
New Mexico is a community property state; property acquired during marriage is presumed to be community property owned equally by both spouses.
Question 3: A New Mexico court may modify a child support order when:
- Either party requests modification after one year
- There is a material and substantial change in circumstances (Correct answer)
- The child reaches age 16
- The paying parent changes employment voluntarily
Correct answer: There is a material and substantial change in circumstances
Under NMSA 1978 § 40-4-11.4, a child support order may be modified upon a showing of a material and substantial change in circumstances.
Question 4: Which of the following is NOT a ground for annulment in New Mexico?
- Bigamy
- Fraud going to the essence of the marriage
- Irreconcilable differences (Correct answer)
- Lack of capacity to consent
Correct answer: Irreconcilable differences
Irreconcilable differences is a ground for divorce, not annulment; annulment requires a defect that renders the marriage void or voidable from its inception.
Question 5: Under New Mexico's Uniform Parentage Act, a man is presumed to be the father of a child if:
- He cohabited with the mother within 300 days before the child's birth
- He was married to the mother at the time of the child's birth (Correct answer)
- He provided financial support to the mother during pregnancy
- He was named on the birth certificate by the mother
Correct answer: He was married to the mother at the time of the child's birth
Under NMSA 1978 § 40-11A-204, a man is presumed to be the father if he was married to the mother when the child was born or within 300 days before birth.
Question 6: In a New Mexico divorce, separate property is defined as:
- Any property held in one spouse's name only
- Property acquired before marriage or by gift or inheritance during marriage (Correct answer)
- Property kept in a separate bank account
- Any property designated as separate in a postnuptial agreement
Correct answer: Property acquired before marriage or by gift or inheritance during marriage
Separate property in New Mexico includes property owned before the marriage and property received by gift or inheritance during the marriage, per NMSA 1978 § 40-3-8.
Question 7: New Mexico courts may award spousal support (alimony) based on which primary factor?
- The length of the marriage only
- The marital misconduct of either spouse
- The needs of the requesting spouse and the other spouse's ability to pay (Correct answer)
- A formula based on the difference in the parties' incomes
Correct answer: The needs of the requesting spouse and the other spouse's ability to pay
Under NMSA 1978 § 40-4-7, New Mexico courts consider the requesting spouse's needs and the other spouse's ability to pay, along with other statutory factors.
NM Bar Family Law & Domestic Relations 2
Under New Mexico law, which standard governs all child custody determinations?