NM Bar Family Law & Domestic Relations 4

Question 1

Under New Mexico's Income Shares model for child support, the obligation is based on:

Accepted Answer

The combined gross income of both parents proportionally shared

Answer

New Mexico uses the Income Shares model where both parents' incomes are combined and each parent contributes proportionally to the total child support obligation.

Question 2

Which of the following is a valid defense to enforcement of a premarital agreement in New Mexico?

Accepted Answer

The agreement was not voluntarily executed by the challenging party

Answer

Involuntary execution — due to duress, fraud, or coercion — is a recognized defense to enforcement under NMSA 1978 § 40-3A-6.

Question 3

A New Mexico court may terminate parental rights involuntarily if a parent has:

Accepted Answer

Abandoned the child or subjected the child to abuse or neglect

Answer

Under NMSA 1978 § 32A-4-28, involuntary termination of parental rights requires findings of abandonment, neglect, or abuse by clear and convincing evidence.

Question 4

Under New Mexico law, legal separation differs from divorce primarily because:

Accepted Answer

The parties remain legally married and cannot remarry

Answer

In a legal separation, the court divides property and orders support, but the parties remain legally married and are prohibited from remarrying.

Question 5

In New Mexico, which parent typically claims the child as a tax dependent after divorce?

Accepted Answer

The parent designated in the divorce decree or agreement, or per IRS rules

Answer

New Mexico divorce decrees can allocate tax dependency exemptions, but absent agreement the IRS default rule gives the exemption to the custodial parent.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Family Law & Domestic Relations 4