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Actions against the estate of a deceased – The UPA permits a paternity action by children born out of wedlock against the estate of a deceased even though it is brought after the father died. In re the Estate of DeLara, 2002-NMCA-004, 131 NM 430.
Adult child can bring an action – Child should not be “punished” for mother’s failure to pursue a cause of action for paternity and support during child’s minority; child, now an adult, can bring a claim for past-due (retroactive) child support under the UPA. Padilla v. Montano, 1993-NMCA-127, 116 N.M. 398; see also, Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471 (20-year old son may bring a suit on his own behalf when mother had concealed his existence from the father; retroactive child support awarded). An adult child has standing until age 21 to litigate paternity even if the parents are estopped from doing so by previous court orders. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, cert. denied, 125 N.M. 147.
HSD has no standing to bring suit for an adult child – The New Mexico Human Services Department does not have standing to bring an action on behalf of an adult child when there is no state money involved; adult child can bring his own action up to age 21. State ex rel. Salazar v. Roybal, 1998-NMSC-093, 125 N.M. 471.
A court may modify a child support obligation upon a showing of material and substantial changes in circumstances subsequent to the adjudication of the pre-existing order, including the health care needs of the child, to include the availability of health insurance. There shall be a presumption of material and substantial changes in circumstances if application of the child support guidelines in Section 40-4-11.1 would result in a deviation upward or downward of more than twenty percent of the existing child support obligation and the petition for modification is filed more than one year after the filing of the pre-existing order. Section 40-4-11.4(A). The requirement to provide for the child’s health care needs in the order, through insurance or other means, shall be a basis to initiate an adjustment of an order, regardless of whether an adjustment in the amount of child support is necessary. Section 40-4-11.4(C).
Change from mistaken admission of paternity to proof of non-paternity qualifies as an extraordinary change of circumstance sufficient to permit Rule 1-60(B)(6) relief from a child support obligation. State ex rel. Human Services Department v. Rawls, 2012-NMCA-052, 279 P.3d 766. Respondent was relieved from paying prospective child support. Id.
The information presented herein is for informational purposes as laws and/or
cases may have changed or been overruled over time.