2013 NMCA 095
N.M.2013Background
- Mother and Father divorced in 1990; divorce decree required Father to pay $600/month child support until majority/emancipation or further order.
- March 1993, Mother filed to terminate Father’s parental rights based on nonpayment and abuse; Father defaulted and contested jurisdiction via special appearance.
- District court held a termination hearing; found abandonment, extensive abuse, and kidnapping by Father; termination order issued November 1, 1993.
- Termination order did not reference any change to the child-support order; no statutory basis cited in the order.
- Human Services Department (HSD) intervened in 1991 and pursued arrears, ultimately collecting about $7,620 from Father through 2005; 2004 administrative hearing in NM reaffirmed jurisdiction and arrears over $42,000; termination was not raised as a defense.
- In 2009 the district court ordered Father to pay $117,502.41 in past-due support; Father appealed arguing termination ended all obligations; court below held rights and support are separate, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does termination of parental rights terminate child support obligations? | Father contends termination does not end support duties. | Mother contends termination may extinguish duties; no ongoing support post-termination. | Yes; termination ends the parental support obligation. |
Key Cases Cited
- Wasson v. Wasson, 92 N.M. 162, 584 P.2d 713 (Ct. App. 1978) (court relied on pre-1985 language about duties and obligations)
- In re Adoption of Doe, 101 N.M. 34, 677 P.2d 1070 (Ct. App. 1984) (termination severs parent-child relationship)
- State ex rel. Welfare Div. of Dep't of Human Res., 662 P.2d 295, 297-98 (Nev. 1983) (support obligations end with termination")
- County of Ventura v. Gonzales, 106 Cal. Rptr. 2d 461 (Cal. Ct. App. 2001) (holding that termination severs parent-child relationship and duties)
- Ex parte M.D.C., 39 So. 3d 1117 (Ala. 2009) (discusses parental rights vs. obligations post-termination)
- Roelfs v. Sam P. Wallingford, Inc., 486 P.2d 1371 (Kan. 1971) (Kansas analogy cited for parental rights/obligations)