PLEASE READ

PRO SE FORMS - DEFAULT DIVORCE WITH CHILDREN

If you are the Petitioner AND more than thirty (30) days have passed since you served

the Respondent with the Petition AND the Respondent has failed to file a Response or

to otherwise respond to the Petition, you may be granted a divorce without the

agreement of the Respondent. This is called a default judgment.

THIS PACKET CONTAINS:

1. Instructions [Rules 4A-310] (DO NOT COPY -

NOT REQUIRED FOR FI

LING)

2. Affidavit as to Respondent’s Failure to Plead or Otherwise Defend

3. Certificate

as to the State of the Record To be issued by the Clerk’s Office.

4. Application for Default Judgment and Final Decree of Dissolution of Marriage

5. Default Judgment and Final Decree of Dissolution of Ma

rriage

PLEASE READ

• REMEMBER - As a self-represented litigant, you are responsible for your case. The

District Court Clerk’s

Office will not provide any information as to how you should proceed

with your case nor can they fill in any blanks on forms on your behalf.

• You must fill out the paperwork correctly, request and attend hearings, check

whether the respondent is filing paperwork, keep track of deadlines, etc.

• Type or print your forms.

• Make sure the pleadings are signed.

• File the forms with the court.

• Required number of copies: An original and at least one (1) copy of each form must be

filed.

• Pay the filing fee: $137 - cash, cashier's check or money order, unless free process is

approved.

Instructions (Default) Page 1 of 1

4A-310. Domestic relations forms; instructions for default proceedings.

If you are the Petitioner AND more than thirty (30) days have passed since you served the

Respondent with the Petition AND the Respondent has failed to file a Response or to otherwise

respond to the Petition, you may be granted a divorce without the agreement of the Respondent.

This is called a default judgment. You may request a default judgment and final decree of

dissolution of marriage by doing the following:

A. Complete and file with the Court Clerk’s Office an Affidavit as to Respondent’s

Failure To Plead or Otherwise Defend (Form 4A-311 NMRA); your affidavit must include a

certificate verifying the other party’s active duty military status, which you can obtain online at

https://dmdc.osd.mil/appj/scra/single_record.xhtml; when you file your affidavit, bring a blank

Certificate as to the State of the Record (Form 4A-312 NMRA) and a self-addressed, stamped

envelope so that the Clerk can return a completed certificate to you;

B. After you receive the completed Certificate as to the State of the Record (Form

4A-312 NMRA) from the Clerk, attach the certificate to an Application for Default Judgment and

Final Decree of Dissolution of Marriage (Form 4A-313 NMRA), and file the application with the

Court Clerk’s Office; and

C. Complete and submit to the judge a copy of the Default Judgment and Final

Decree of Dissolution of Marriage (Form 4A-314 NMRA (without children) or Form 4A-315

NMRA (with children)). Check with the clerk of your district to determine if your district has

additional requirements.

The Court may sign and file the Default Judgment and Final Decree of Dissolution of

Marriage without further notice, or it may order you to appear for a hearing. WARNING: Once

the Court enters the Default Judgment and Final Decree of Dissolution of Marriage, your divorce

will be final, and the terms of your Default Judgment and Final Decree of Dissolution of Marriage

will be legally binding on both parties.

[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed

on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; approved by

Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed on or after

December 31, 2014, in all cases filed or pending on or after December 31, 2014.]

Affidavit (failure to plead) Page 1 of 2

4A-311. Affidavit as to Respondent’s failure to plead or otherwise defend (domestic

relations actions).

STATE OF NEW MEXICO

COUNTY OF ______________

SIXTH JUDICIAL DISTRICT

_____________________________________,

Petitioner,

v. No. D-_____-DM-___________________

_____________________________________,

Respondent.

AFFIDAVIT AS TO RESPONDENT’S

FAILURE TO PLEAD OR OTHERWISE DEFEND

(domestic relations actions)

Petitioner affirms under penalty of perjury under the laws of the State of New Mexico

that the following statements are true and correct:

(1) I am the Petitioner, and I submit this Affidavit to show that Respondent has failed

to file an answer or otherwise respond to the Petition For Dissolution of Marriage that I filed on

__________________.

(2) Respondent was served as follows (choose and complete one):

[ ] As shown by the Affidavit of Service filed on __________________,

Respondent was personally served on ________________________.

(Or)

[ ] As shown by the Affidavit of Publication filed on ___________________,

Respondent was served by publication.

(3) Respondent has not filed an answer, motion, or otherwise responded, and more

than thirty (30) days have passed since Respondent was served with the Summons and Petition

for Dissolution of Marriage.

(4) Upon information and belief, Respondent is not in the military service of the

United States and is not an infant or incompetent person.

[ ] YES (required) I have attached a certificate verifying Respondent’s active duty

status.

Affidavit (failure to plead) Page 2 of 2

WHEREFORE, Petitioner asks the Clerk of this Court to certify Respondent’s Default.

__________________________________

Signature of party

__________________________________

Name (printed)

__________________________________

Mailing address

__________________________________

City, state, and zip code (print)

__________________________________

Telephone number

VERIFICATION

I, _______________________, affirm under penalty of perjury under the laws of the

State of New Mexico that I am the Petitioner in the above-entitled cause, and I know and

understand that the contents contained in the above Affidavit are true to the best of my

knowledge and belief.

____________________________________

Signature of Petitioner Date

USE NOTE

1. This form may be used anywhere in this state to request the clerk of the court to

issue a certificate as to the state of the record (Form 4A-312 NMRA) in a domestic relations

action.

2. This affidavit must include a certificate verifying the petitioner’s active duty

status, which you can obtain online at https://dmdc.osd.mil/appj/scra/single_record.xhtml.

[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers

filed on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as

amended by Supreme Court No. 14-8300-011, effective for all pleadings and papers filed on or

after December 31, 2014, in all cases filed or pending on or after December 31, 2014.]

Certificate as to the State of the Record Page 1 of 2

4A-312. Certificate as to the state of the record (domestic relations actions).

STATE OF NEW

MEXICO

COUNTY OF ______________

SIXTH JUDICIAL DISTRICT

Petitioner,

No. D-_____-DM-___________________

_____________________________________,

Respondent.

CERTIFICATE AS TO THE STATE OF THE RECORD

(domestic relations actions)

I, Clerk of the District Court of this Judicial District in this County, New Mexico,

pursuant to the Affidavit as to Respondent’s Failure to Plead or Otherwise Defend on file herein,

certify as follows:

(1) The Petition for Dissolution of Marriage was filed on ___________________.

(2) Respondent was served as follows (choose and complete one):

[ ] As shown by the Affidavit of Service filed on __________________,

Respondent was personally served on ________________________.

(Or)

[ ] As shown by the Affidavit of Publication filed on ___________________,

Respondent was served by publication.

(3) Respondent has not filed an answer, motion, or otherwise responded, and more

than thirty (30) days have passed since Respondent was served with the Summons and Petition

for Dissolution of Marriage.

WHEREFORE, I,________________________, hereby certify Respondent’s default.

_______________________________

Clerk of the District Court

By:______________________________

Deputy Clerk

Certificate as to the State of the Record Page 2 of 2

USE NOTE

1. This form may be used anywhere in this state by the clerk of the court to certify a

default in a domestic relations action.

[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers

filed on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as

amended by Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed

on or after December 31, 2014, in all cases filed or pending on or after December 31, 2014.]

Application for Default Judgment and Final Decree Page 1 of 2

A-313. Application for default judgment and final decree of dissolution of marriage.

STATE OF NEW MEXICO

COUNTY OF ______________

SIXTH JUDICIAL DISTRICT

_____________________________________,

Petitioner,

. D-_____-DM-___________________

_____________________________________,

Respondent.

APPLICATION FOR DEFAULT JUDGMENT

AND FINAL DECREE OF DISSOLUTION OF MARRIAGE

Petitioner applies for entry of judgment by default against Respondent and in support of the

application states:

(1) The statements in the Affidavit as to Respondent’s Failure to Plead or Otherwise

Defend are included here by reference.

(2) As shown by the Certificate as to the State of the Record filed in this case on

____________, the Clerk of this Court has certified Respondent’s default.

WHEREFORE, Petitioner applies to the Court for entry of judgment by default against the

Respondent as requested in the Petition for Dissolution of Marriage, and as more specifically stated

in the proposed Default Judgment and Final Decree of Dissolution of Marriage submitted with this

application.

__________________________________

Signature of party

__________________________________

Name (printed)

__________________________________

Mailing address

__________________________________

City, state, and zip code (print)

__________________________________

Telephone number

Application for Default Judgment and Final Decree Page 2 of 2

USE NOTE

1. This form may be used anywhere in this state to request the court to enter a default

judgment and final decree of dissolution of marriage in a domestic relations action.

[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on

or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended by

Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed on or after

December 31, 2014, in all cases filed or pending on or after December 31, 2014.]

Default Judgment and Final Decree (with children) Page 1 of 20

A-315. Default judgment and final decree of dissolution of marriage (with children).

STATE OF NEW MEXICO

COUNTY OF ______________

SIXTH JUDICIAL DISTRICT

_____________________________________

Petitioner,

. D-_____-DM-___________________

_____________________________________

Respondent.

DEFAULT JUDGMENT AND

FINAL DECREE OF DISSOLUTION OF MARRIAGE

(with children)

_________________________ (Petitioner’s name) and _______________________

(Respondent’s name) are married. Respondent failed to respond to the petition for dissolution of

marriage after being served. The judge may make changes to this default decree and both parties

must comply with any changes made.

I. PROPERTY BEING DIVIDED

A. Personal property (such as clothing, furniture, jewelry, or artwork). Attached is a

Personal Property List (Attachment A) showing all property and which party shall

receive that property.

(Choose 1 or 2)

[ ] 1. Each party already has possession of all the personal property each party will

receive in this judgment.

(Or)

[ ] 2. The parties shall get some or all of the property from the other party after this

default judgment is signed by the judge and filed in the court.

B. Real Property (such as a home, mobile home, condominium, lot, or commercial

building).

(Choose all that apply)

[ ] 1. Neither party has real property.

Default Judgment and Final Decree (with children) Page 2 of 20

[ ] 2. The parties have a marital home, which is located at

_______________________________________________________ (street

address), and with which they shall do the following:

(Complete the correct section: a. Keep the home; b. Sell the home; or c. Other

plan.)

[ ] a. Keep the home.

_____________________________________ (name of Petitioner or

Respondent) shall keep the home and shall be responsible for all debts

related to the home.

The person who keeps the home is called the “homeowner.” The other

person is called the “moving spouse.”

(Choose all that apply)

[ ] i. The amount owed to the moving spouse to buy out that person’s

interest is $_______________, which is included in the calculation

of the Cash Payment, Section III, below.

[ ] ii. The homeowner shall apply to refinance the debt owed on the

home no later than ______________________________ (date).

[ ] iii. The homeowner shall buy out the moving spouse’s interest in the

home or get the moving spouse off of the loan papers as follows:

__________________________________________________

[ ] b. Sell the home. The home shall be sold and the money from the sale shall

be divided as follows:

________________________________________________________

________________________________________________________.

While the home is being sold, [ ] Petitioner (or) [ ] Respondent (choose

one) shall stay in the home.

Until the home sells, the parties shall pay expenses, including mortgage,

taxes and insurance, utility bills, and repairs for the home as follows

(describe who is to pay and how much each person will pay):

________________________________________________________

Default Judgment and Final Decree (with children) Page 3 of 20

________________________________________________________.

The parties shall cooperate with the showing of the home and the sale of

the home, including signing all paperwork needed in order to sell it and

transfer title. Both parties shall preserve the home in a reasonable way

including the following things:

________________________________________________________

________________________________________________________.

[ ] c. Other plan. Attached is a separate sheet with the plan regarding the

home.

[ ] 3. One or both of the parties has other real property as set forth in the attached Real

Property List (Attachment B), and that property shall be divided as set forth in the

attachment. If one party owes the other money for the division of the other real

property, that amount is included in the calculation of the Cash Payment, Section

III, below.

C. Bank and investment accounts (such as checking accounts, savings accounts, stocks,

bonds, certificates of deposit, mutual funds, or life insurance policies with cash value).

(Choose 1 or 2)

[ ] 1. The parties do not have any bank or investment accounts.

(Or)

[ ] 2. The parties have the following bank or investment accounts and shall divide them

as follows:

Petitioner shall have the following bank or investment accounts:

Name of institution Last four (4) digits

of account number

___________________________ ________________

Respondent shall have the following bank or investment accounts:

Name of institution Last four (4) digits

of account number

___________________________ ________________

Default Judgment and Final Decree (with children) Page 4 of 20

D. Retirement Plans (such as IRAs, retirement accounts, pension plans, or 401(k)

plans).

(Choose 1 or 2)

[ ] 1. Neither party has a retirement plan.

(Or)

[ ] 2. The parties shall divide the retirement plan(s) as follows:

Petitioner has the

following retirement

plan(s):

(Circle one to show whether

Petitioner will KEEP the entire

plan, DIVIDE the plan with

Respondent, or TRANSFER the

If plan will be

DIVIDED, the

amount or % to

e given to

[KEEP] [DIVIDE] [TRANSFER]

Respondent has the

following retirement

plan(s):

(Circle one to show whether

Respondent will KEEP the entire

plan, DIVIDE the plan with

Petitioner, or TRANSFER the

If plan will be

DIVIDED, the

amount or % to

e given to

[KEEP] [DIVIDE] [TRANSFER]

If any retirement plan will be divided, a Qualified Domestic Relations Order

(“QDRO”) shall be prepared and submitted to the Court by Petitioner by

_____________________________ (date).

E. Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, or

trailers).

(Choose 1 or 2)

[ ] 1. The parties do not have any vehicles.

(Or)

Default Judgment and Final Decree (with children) Page 5 of 20

[ ] 2. The parties have vehicles and shall divide them as follows:

Petitioner shall keep the following vehicles and assume any debt relating to each

vehicle (provide the make, model, and year of each vehicle and list the vehicle

identification number):

Vehicle description Vehicle Identification No.

______________________________ __________________________

______________________________ __________________________.

Respondent shall keep the following vehicles and assume any debt relating to

each vehicle (provide the make, model, and year of each vehicle and list the

vehicle identification number):

Vehicle description Vehicle Identification No.

______________________________ __________________________

______________________________ __________________________.

Each party listed above as keeping the vehicles shall pay for the costs of the

vehicles, including insurance. The parties shall transfer title by the following

date:

[ ] ___________________________ (date).

(Or)

[ ] when the vehicle is paid off.

F. Other property (such as business interests, patents, trademarks, copyrights, royalties,

manuscripts, or any other property).

(Choose 1 or 2)

[ ] 1. Neither party has any other property.

(Or)

[ ] 2. One or both parties has the other property listed below, and shall divide it as

follows:

_____________________________________________________________

_____________________________________________________________.

II. DEBTS BEING DIVIDED

Default Judgment and Final Decree (with children) Page 6 of 20

A. Debt. Attached is a Debt List (Attachment C) which lists all of the parties’ debts,

including mortgages, vehicle payments, taxes, credit cards, student loans, medical debts,

judgments, and any other debts the parties may have. Any debt not listed is the

responsibility of the person who created it. Each party shall pay debts created by that

party prior to the marriage, unless stated differently here. Unless stated differently here,

a party who takes property (such as a house or car) with a debt associated with it, shall

take the debt.

(Choose all that apply)

[ ] The parties have no debt from the marriage.

[ ] Each party shall pay the debts as listed on Attachment C.

[ ] The amount owed from ____________________ to ____________________ for the

division of the debts is $_______________, which is included in the calculation of

the Cash Payment, Section III, below.

B. Credit cards and charge cards. Each party shall turn in and cancel all joint credit

cards, or shall have the credit card company take the other party’s name off of the

account.

C. Taxes. The parties shall share information necessary to correctly file income tax returns.

Each party will get the help needed to file taxes.

D. Problem with tax returns. If any tax returns that the parties filed jointly are audited or

contested, the parties should meet to decide what to do. If the parties cannot decide who

pays the taxes owed or who gets any refund, they will ask a judge to decide at the time

the problem comes up.

E. Failure to pay debts. If either party fails to pay the debts each is ordered to pay, the

other party may end up making that payment. If that happens, the party who should have

paid may have to repay the other party, including any other extra costs caused by the

failure to pay, such as attorney fees, late fees, and interest charged by the creditor.

Default Judgment and Final Decree (with children) Page 7 of 20

III. CASH PAYMENT

To equalize the division of property and debts, ______________________ (name) shall

pay ______________________ (name) the amount of $ ______________ no later than

_________________ (date). Judgment shall enter in this amount for

______________________ (name). The statutory interest rate shall apply as provided in

Section 56-8-4(A) NMSA 1978.

IV. SPOUSAL SUPPORT

(Choose 1 or 2)

[ ] 1. No spousal support. Each party can support himself or herself and neither shall pay

spousal support to the other.

(Or)

[ ] 2. Spousal support. [ ] Petitioner (or) [ ] Respondent (choose one) shall pay spousal

support to the other party.

a. Spousal support shall be paid as follows:

(Choose i, ii, or iii)

[ ] i. $_______________ per month on the _________________ (date) of

each month for __________________ (period of time), which is not

modifiable.

(Or)

[ ] ii. $_______________ per month on the ________________ (date) of

each month until modified by the court.

[ ] iii. Other plan:

___________________________________________________

b. For tax purposes, spousal support shall be treated as follows:

[ ] i. The person paying spousal support may deduct the payments on [his]

[her] income tax return. The person receiving support shall show the

support as income on [his] [her] income tax return. Spousal support

shall end if the person to receive the support dies.

(Or)

Default Judgment and Final Decree (with children) Page 8 of 20

[ ] ii. The person paying spousal support shall not deduct the payments on

[his] [her] income tax return. The person receiving spousal support

will not include the payment as income on [his] [her] income tax

return.

V. CUSTODY PLAN

(Provide identification and contact information for each parent and child)

Parent’s name Physical address and Place of employment

phone number and phone number

_____________________ ______________________ ________________________

______________________ ________________________

_____________________ ______________________ ________________________

______________________ ________________________

Child’s name Year of birth Age

_____________________ ______________________ ________

[ ] The parties shall advise each other of any change to this contact information within ten (10)

days of new information becoming available.

(Choose either Option A, Sole legal custody, or Option B, Joint legal custody)

[ ] A. Sole legal custody and visitation plan. (Do not fill out Option B if you choose this

option)

(Complete 1, 2, and 3)

1. _______________________________ (name of parent with sole custody) shall have

sole legal custody of the children. The parent with sole custody shall make the

important decisions regarding the children.

2. The reason that sole custody is in the best interest of the children is because:

________________________________________________________________

3. This is the visitation plan:

Default Judgment and Final Decree (with children) Page 9 of 20

(Choose a, b, or c)

[ ] a. There shall be no visitation until further order of the Court.

(Or)

[ ] b. _______________________________ (name of other parent) shall have

unsupervised visitation with the children as follows: (Fully describe

visitation plan to include who shall transport the children and where and

when the visitation shall occur. Attach additional sheets if necessary.)

________________________________________________________

(Or)

[ ] c. _______________________________ (name of other parent) shall have

supervised visitation with the children as follows: (Fully describe visitation

plan to include who shall supervise the visitation, who shall transport the

children, and where and when the visitation shall occur. Attach additional

sheets if necessary.)

________________________________________________________

[ ] B. Joint legal custody and parenting plan. (Do not fill out Option A if you choose this

option)

1. Important decisions. The parents shall share joint legal custody of the children and

shall make important decisions about the children together. No change regarding any

of the following shall happen unless the parents both agree to the change in writing or

the court changes it:

a. City and county of residence: ____________________________________

b. Religion: ____________________________________________________

c. Activities: ___________________________________________________

Name Address and telephone

d. Doctor ___________________ ______________________________

______________________________

e. Dentist ___________________ ______________________________

______________________________

f. School ___________________ ______________________________

______________________________

g. Child care ___________________ ______________________________

______________________________

h. Other ___________________ ______________________________

Default Judgment and Final Decree (with children) Page 10 of 20

______________________________

2. Solving arguments. The parents shall resolve any parenting or time-sharing disputes

regarding the children by talking together or communicating in writing. If a parent

requests a change to the plan and gives reasons for the change, the answering parent

should respond within five (5) days. If the answering parent does not agree to the

change, that parent must say why, and if possible make a new proposal.

3. Timesharing schedule.

(Complete“Schedule 1” or “Schedule 2” below.)

[ ] Schedule 1. Same schedule each week or every two weeks.

(Set out the time that each parent shall have the children for that day.)

Week 1 ________’s time ________’s time

(name of parent) (name of parent)

Monday ____________ ______________

Tuesday ____________ ______________

Wednesday ____________ ______________

Thursday ____________ ______________

Friday ____________ ______________

Saturday ____________ ______________

Sunday ____________ ______________

Week 2 _______’s time ________’s time

(name of parent) (name of parent)

Monday ____________ ______________

Tuesday ____________ ______________

Wednesday ____________ ______________

Thursday ____________ ______________

Friday ____________ ______________

Saturday ____________ ______________

Sunday ____________ ______________

[ ] Schedule 2. Write your own schedule. (Write your own schedule here or

attach a separate sheet or calendar or make additions to Schedule 1.)

__________________________________________________________

__________________________________________________________.

4. Vacation and holiday plan.

Default Judgment and Final Decree (with children) Page 11 of 20

a. Vacations. The parents shall each have ____ [days] [weeks] (circle one) of

uninterrupted time with the children each year. Each parent shall give the other

parent at least ____ [days] [weeks] (circle one) notice of the vacation time.

b. Holidays. Regardless of the day of the week, the children shall spend holidays as

follows: (Insert name of parent who will have the children on each holiday)

Holidays: Even year Odd year Times

(if split)

Mother’s Day _______ _______ From _________

To _________

Father’s Day _______ _______ From _________

To _________

Child’s Birthday _______ _______ From _________

To _________

Halloween _______ _______ From _________

To _________

Thanksgiving

break _______ _______ From _________

To _________

Winter religious _______ _______ From _________

holidays To _________

1st 1/2 winter

break _______ _______ From _________

To _________

2nd 1/2 winter

break _______ _______ From _________

To _________

Spring Break _______ _______ From _________

To _________

July 4th _______ _______ From _________

To _________

Other religious

holidays _______ _______ From _________

To _________

Others: _______ _______ From _________

To _________

The Monday of a 3-day weekend due to a school, federal, or state holiday is the

same as the Sunday schedule unless the parents both agree differently in writing

or the court orders a different arrangement.

5. Details about the timesharing.

Default Judgment and Final Decree (with children) Page 12 of 20

a. Communication. Each parent may have reasonable communication with the

children at all times. Neither parent shall unreasonably interfere with the

children’s communications with the other parent.

b. Transfer of children. Responsibility for transferring the children from one

parent to the other shall be as follows (write what the parents will do here):

__________________________________________________________

__________________________________________________________.

c. Long-distance transfer of children. Responsibility for transferring the children

from one parent to the other in long-distance arrangements shall be as follows

(write down what the parents will do here):

__________________________________________________________

__________________________________________________________.

d. Emergencies. If there is a medical emergency, the parent with the children shall

try to call the other parent about the emergency. If the other parent cannot be

reached, any decision for emergency medical treatment shall be made by the

available parent in the best interest of the children.

e. Changes. Each parent may ask the other for changes to this schedule. The other

parent has the right to say “no.” If the other parent says “no,” the parent asking

for changes shall not argue or criticize the other parent’s decision.

VI. CHILD SUPPORT OBLIGATION.

A. Child Support Worksheet.

A signed child support worksheet is attached to this plan.

(Complete and sign a child support worksheet prior to completing this section.)

Child support: ________________________ pays ________________________ $

____________ per month. Payments shall begin on ______________________ (date)

and shall be paid in the amount of $ ____________ every [ ] week [ ] two weeks [ ]

month. Payments shall continue each month until the youngest child turns eighteen (18);

however, if the youngest child turns eighteen (18) while still attending high school,

payments shall continue until the month the child graduates or turns nineteen (19),

whichever occurs first.

(Choose 1 or 2)

[ ] 1. This amount is the amount shown on the worksheet;

(Or)

[ ] 2. This is a deviation from the amount shown on the child support worksheet

because (fill in the reason here)

Default Judgment and Final Decree (with children) Page 13 of 20

_____________________________________________________________

_____________________________________________________________.

B. Health insurance coverage

(Choose 1, 2, or 3)

[ ] 1. ____________________ (name of parent) shall keep the minor children covered

by health and dental insurance under the policy of insurance available from his or

her employer or other group health care insurance plan.

(Or)

[ ] 2. Neither parent has private health or dental insurance coverage available at a

reasonable cost. If the children are covered under Medicaid, the child support

obligor shall pay a cash medical support payment as determined at a subsequent

hearing in which the State of New Mexico, Child Support Enforcement Division

(“CSED”), has been given sufficient notice, or upon the stipulation of the parties

and with the agreement of CSED. The notification to and agreement of CSED is

required only for cash medical support.

(Or)

[ ] 3. Other health insurance coverage shall be provided as follows:

____________________________________________________________

____________________________________________________________.

C. Additional healthcare expenses to be determined by percentage. The parents shall

split the cost of uncovered necessary healthcare expenses in proportion to their income

on the child support worksheet.

D. Wage withholding of child support.

(Choose and complete 1 or 2)

[ ] 1. Withhold wages for child support. Child support payment shall be withheld

from __________________________’s paycheck.

(Choose a or b)

[ ] a. Attached is a completed Form 4A-304 NMRA Wage Withholding Order

which directs all withheld payments to the Child Support Enforcement

Division (“CSED”).

(Or)

Default Judgment and Final Decree (with children) Page 14 of 20

[ ] b. ___________________________ (name of parent) shall l take a copy of

this child support obligation after it is signed by the Court to CSED to

open a case and to request that CSED issue a notice of wage withholding

on [his] [her] behalf.

(Or)

[ ] 2. Other plan. Wage withholding is not appropriate at this time as the parties have

made the following alternate arrangements for the payment of support (describe

alternate payment arrangements, subject to approval by the Court):

____________________________________________________________

E. Health and dental insurance. The parents shall do the following:

1. follow the insurance plan in selecting a doctor or dentist;

2. use doctors and dentists who are part of the insurance plan;

3. make sure each parent has a copy of the insurance card and policy; and

4. cooperate and work together to promptly submit all insurance forms.

F. Exchange of information. Once a year either parent can ask, in writing, for both parties

to exchange the following information (this paragraph is required by statute, Section 40-

4-11.4 NMSA 1978):

1. federal and state tax returns for the prior year;

2. W-2 statements for the prior year;

3. IRS form 1099s for the prior year;

4. work related day care statements for the prior year;

5. dependent medical insurance premiums for the prior year; and

6. wage and payroll statements for the four months prior to the request.

G. Tax issues.

The parents shall address tax issues, such as the dependency exemption,

that relate to the children as follows:

[ ] Follow IRS regulations; or

[ ] Adopt another plan as follows:

________________________________________________________________

________________________________________________________________.

H. Other expenses. Each parent shall provide the children with items that they need while

they are with that parent.

The Court, having considered the evidence FINDS AND CONCLUDES:

1. The Court has jurisdiction over the subject matter of this action and over the

parties and the children.

Default Judgment and Final Decree (with children) Page 15 of 20

2. The parties are incompatible.

3. The division of property and debts in this Default Judgment and Final Decree of

Dissolution of Marriage is fair and reasonable.

4. The Custody Plan in this Default Judgment and Final Decree of Dissolution of

Marriage is fair, reasonable, and in the best interests of the children.

5. The Child Support Obligation in this Default Judgment and Final Decree of

Dissolution of Marriage is fair, reasonable, and in the best interests of the children.

6. Respondent’s default has been certified by the Court.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. The marriage of Petitioner and Respondent is dissolved on the grounds of

incompatibility.

2. The parties are ordered to comply with the terms of this Default Judgment and

Final Decree of Dissolution of Marriage.

3. The Court has continuing jurisdiction over issues relating to the children of the

marriage until the children reach the age of majority as provided by law.

(Select and complete the following paragraphs if applicable)

[ ] 4. The Court retains jurisdiction to enter QDROs or other orders dividing the

retirement plans referenced in this Default Judgment and Final Decree of

Dissolution of Marriage.

[ ] 5. Judgment in favor of [ ] Petitioner (or) [ ] Respondent is awarded in the amount of

$_____________, as set forth in Section III (Cash Payment) of this Default

Judgment and Final Decree of Dissolution of Marriage. The statutory interest rate

shall apply as provided in Section 56-8-4(A) NMSA 1978.

[ ] 6. Petitioner’s name is restored to the former name of ________________________.

SO ORDERED:

______________________ ____________________________________

Date District Court Judge

VERIFICATION

Default Judgment and Final Decree (with children) Page 16 of 20

I, ________________________, am the Petitioner, and I affirm under penalty of perjury

under the laws of the State of New Mexico the following:

I am signing this document alone because Respondent is in default;

I have disclosed all assets and debts known to me;

This document and the statements in it are true and correct to the best of my knowledge

and belief;

I understand that I can be punished both civilly and criminally if any information in this

document is false.

Submitted/Approved by

____________________________________

Petitioner Date

____________________________________

Mailing address

____________________________________

City, state, and zip code

____________________________________

Telephone number

Default Judgment and Final Decree (with children) Page 17 of 20

ATTACHMENT A: PERSONAL PROPERTY LIST

(Attach additional pages if needed)

List all items of value to you, such as furniture, household items, electronics, art, jewelry, and

tools.

Item Dollar

Value

Will belong to (check box for each item):

Petitioner Respondent

ATTACHMENT B: REAL PROPERTY LIST

(Attach additional pages if needed)

List all homes (other than the marital home), land, or other real property owned by Petitioner

or Respondent.

Other Real Property

1. Address/Description of property: ________________________________________

The parties shall do the following with the property after the divorce:

(Choose all that apply)

Default Judgment and Final Decree (with children) Page 18 of 20

_____ Petitioner will keep the property;

_____ Respondent will keep the property;

_____ [ ] Petitioner [ ] Respondent shall pay the other party $____________.

_____ The property will be sold and the proceeds divided as follows:

____________________________________________________________

_____ Other plan:

____________________________________________________________

2. Address/Description of property: _______________________________________

The parties shall do the following with the property after the divorce:

(Choose all that apply)

_____ Petitioner will keep the property;

_____ Respondent will keep the property;

_____ [ ] Petitioner [ ] Respondent shall pay the other party $____________.

_____ The property will be sold and the proceeds divided as follows:

____________________________________________________________

_____ Other plan:

____________________________________________________________

ATTACHMENT C: DEBT LIST

(Attach additional pages if needed)

(NOTE: This document is a public document. DO NOT list the full account number for any

credit card or other loan information that you would not want to make public.)

This decree may not bind creditors.

Default Judgment and Final Decree (with children) Page 19 of 20

Creditor Last four (4)

numbers on

account

Amount

owed

Will be paid by (check box):

Petitioner Respondent

USE NOTE

1. This form may be used anywhere in this state to enter a default judgment and final

decree of dissolution of marriage when the parties have minor children or a child under nineteen

years of age who is attending high school.

2. It is highly recommended that you consult with an attorney. Whether property is

separate or community is a complicated issue. There can be serious consequences, including tax

consequences, for the division of property and for not properly transferring property, including

retirement accounts. You may need separate documents to transfer divided property.

3. To transfer land, a building or a home other than a mobile home, the parties must

prepare, sign and record a deed in the real property records where the property is located. To

transfer a mobile home, contact the Motor Vehicle Division.

4. If both parties are listed on the mortgage, you must seek lender approval to

remove the moving spouse from the mortgage and from responsibility for payment.

5. If the parties are going to divide a retirement plan, contact the retirement plan

before completing and filing this form. Depending on the plan, a QDRO may be necessary.

Default Judgment and Final Decree (with children) Page 20 of 20

6. CAUTION: You may want to consult an attorney about your retirement, pension,

deferred compensation, 401k plans, and/or benefits. If you do not see an attorney regarding

these assets, you risk losing any interest you have in these plans and/or benefits. There are

certain documents the plan administrator must have. Only an attorney can help you prepare

these documents.

7. To transfer vehicles or a mobile home, contact the Motor Vehicle Division.

8. This default judgment may not affect the rights of creditors even when approved

by the Court as part of the final decree. The creditor may expect payment from you no matter

who agrees to pay the debt in this default judgment. See an attorney if you have questions about

separate and community debts and separate and community property.

9. Consult with an attorney if problems arise later.

10. You should understand the difference between the rights and obligations of joint

custodians and a sole custodian. Descriptions of these terms are set out in NMSA 1978, Section

40-4-9.1. See an attorney with questions you may have. Joint custody does not imply an equal

division of the child’s time between the parents or an equal division of financial responsibility

for the child.

11. If child support is not paid in a timely manner, interest will be added to the

amount owed at the rate provided by law. See NMSA 1978, Section 40-4-7.3 for accrual of

interest on delinquent child support.

12. See NMSA 1978, Section 40-4-11.1 for the child support worksheet. An

interactive version of this worksheet may be found at www.nmcourts.com, click on “Family Law

Forms.” See also Form 4A-300 NMRA for a further explanation of the child support worksheet.

The child support worksheet is used to determine the monthly child support obligation.

13. If child support is being paid for more than one child, the end of a child support

obligation for a child may be a change of circumstances that justifies a different child support

amount. A new child support worksheet must be completed and adopted by the court. If your

child has an intellectual or physical disability, you should consult with an attorney.

14. The judge may or may not accept a proposed change from the worksheet amount.

Proposed changes may be appropriate if application of the child support guidelines would be

unjust or inappropriate, or create a substantial hardship. If child support has been ordered in

another proceeding, tell the court about it here and attach that child support worksheet.

15. See NMSA 1978, Section 40-4C-4 for medical support orders. In some

circumstances the court may order both parties to provide employer-provided health insurance.

16. See Form 4A-304 NMRA for the Wage Withholding Order. Wage withholding is

required unless the parties show good cause and make alternate payment arrangements. Wage

withholding is mandatory if the children are receiving public assistance. Payments made by

wage withholding go through the Title IV-D agency (CSED) and cannot be directly sent by the

employer to a party. Either party may request the court to enter a Wage Withholding Order. See

also Form 4A-300 NMRA for a further explanation of the Wage Withholding Order.

17. You need a court order to adjust child support payments.

18. Consult with a professional about tax issues that relate to any children.

[Approved by Supreme Court Order No. 14-8300-011, effective for all pleadings and papers

filed on or after December 31, 2014, in all cases filed or pending on or after December 31,

2014.]