New Mexico Forms Library

4A-213. Interim order allocating income and expenses.

[For use with Rule 1-122 NMRA]

STATE OF NEW MEXICO

COUNTY OF ________________________

__________________ JUDICIAL DISTRICT

___________________________________,

Petitioner,

v.                                                                                                                     No. __________

___________________________________,

Respondent.

INTERIM ORDER ALLOCATING INCOME AND EXPENSES¹

            This matter having come on for a hearing by the court and the court being sufficiently advised FINDS, CONCLUDES, AND ORDERS:

1.         NOTICE AND APPEARANCES

            (check only applicable paragraphs)

            [ ]         Petitioner was present.

            [ ]         Petitioner was represented by counsel.

            [ ]         Respondent was present.

            [ ]         Respondent was represented by counsel.

            [ ]         Respondent was properly served with a copy of the notice of hearing on the motion for temporary order dividing income and expenses.

2.         The parties have agreed to the income and expenses of the parties except:

            ________________________________________________________________.

3.         The parties shall receive the income and pay the expenses as listed on the Interim Monthly Income and Expense Statement.

4.         Each party shall presumptively be responsible for any debts the party incurs during the pendency of this case.

5.         Any assets obtained by either party after the entry of this order from that party’s share of net spendable income are presumptively the separate property of the obtaining party.

6.         Each party shall use the party’s share of the income to pay the party’s respective expenses for food, clothing, telephone, utilities, gasoline, car maintenance, entertainment, meals out, haircuts, attorney fees, ordinary medical and dental expenses, and other personal expenses.

7.         _____________________ (name of party) shall pay to ____________________ (name of party) _____________________ dollars ($ __________)² per month by check or money order, delivered or postmarked on or before the ______ of each month during the pendency of this case.

8.         The medical and dental expenses of the child or children not covered by insurance shall be paid one-half by each party.

9.         Notwithstanding entry of this order, all claims and defenses are preserved.

10.       This order shall remain in effect during the pendency of this case except as modified by court order.

11.       Disobedience of this order can constitute contempt of court and subject the violator to fine, imprisonment, and other sanction, plus payment of attorney fees and costs to the other party.

________________________________

District Judge

Recommended by:

__________________________________

Hearing Officer

USE NOTES

            1.         This form is used with Form 4A-212 NMRA.

            2.         For the amount to be transferred or paid, see Line 12 of Form 4A-212 NMRA.

[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001; 4A-123 recompiled and amended as 4A-213 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.]