AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a dispute over child support between Lorrie M. Hinzo (Petitioner-Appellee) and Jason P. Hinzo (Respondent-Appellant), with the State of New Mexico ex. rel Human Services Department intervening. The core issue revolves around the denial of the Respondent's motion to modify child support.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Respondent-Appellant: Argued for the modification of child support.
• Petitioner-Appellee: [Not applicable or not found]
• Intervenor (State of New Mexico ex. rel Human Services Department): [Not applicable or not found]

Legal Issues

• Whether the district court erred in denying the Respondent's motion to modify child support for periods during which he could not be characterized as a noncustodial parent under NMSA 1978, Section 27-2-28(A) (2009).

Disposition

• The judgment of the district court denying the motion to modify child support was reversed, and the case was remanded to the district court for the entry of an appropriate order of support.

Reasons

• Per Michael E. Vigil, Chief Judge, with concurrence from Linda M. Vanzi, Judge, and Stephen G. French, Judge, the appellate court decided to reverse the district court's judgment due to its award of support for periods during which the Respondent could not be characterized as a noncustodial parent as required by NMSA 1978, Section 27-2-28(A) (2009). The appellate court's decision was influenced by the lack of opposition from the Respondent to the proposed summary disposition, leading to the remand of the case for the entry of an order consistent with the requirements of Section 27-2-28 (para 1).