New Mexico Forms Library
Decision Information
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,519 documents
Decision Content
4A-321. Motion to modify final order.
STATE OF NEW MEXICO
COUNTY OF ________________________
__________________ JUDICIAL DISTRICT
___________________________________,
Petitioner,
v. No. __________
___________________________________,
Respondent.
MOTION TO MODIFY FINAL ORDER1
[ ] Petitioner (or) [ ] Respondent states:
1. I am asking the court to modify the following order(s): (check the order(s) that you are seeking to have modified and complete the additional information required)
Name of Order: Section/Paragraph/Page # Date of order
that you believe should
be modified
_____ Custody Plan and Order ______________ __________
_____ Child Support Obligation ______________ __________
and Order
_____ Spousal Support Provision ______________ __________
_____ Other: ______________ _______________ __________
______________
2. The order(s) should be modified because: (describe in detail why the order(s) should be modified, including what has changed since the order was entered, and how it should be modified; if you are asking that more than one order be modified, list why and how each should be modified separately below)
A. __________________________________________
(Name of first order checked in Paragraph 1 above)
i. What the section/paragraph of the order says:
____________________________________________________________
____________________________________________________________
____________________________________________________________
ii. What has changed so that the order should be modified:
____________________________________________________________
____________________________________________________________
____________________________________________________________
iii. What a new order should provide that is different from the current order:
____________________________________________________________
____________________________________________________________
____________________________________________________________
B. ___________________________________________
(Name of next order checked in Paragraph 1 above)
i. What the section/paragraph of the order says:
____________________________________________________________
____________________________________________________________
____________________________________________________________
ii. What has changed so that the order should be modified:
____________________________________________________________
____________________________________________________________
____________________________________________________________
iii. What a new order should provide that is different from the current order:
____________________________________________________________
____________________________________________________________
____________________________________________________________
(Use additional pages if necessary. Use the same format as above to tell the court what order you are talking about, what the order says, what has changed so that the order should be modified, and what a new order should provide that is different from the current order.)
3. I have tried to talk to _____________________________ (name of the other party or the other party’s attorney if represented). This is what happened: (You MUST check one of these boxes.)
[ ] The other party AGREES with my motion.
[ ] The other party DOES NOT AGREE with my motion.
[ ] The other party WILL NOT TALK TO ME about my motion.
[ ] I CANNOT TALK TO THE OTHER PARTY because there is a protective order between us and the other party does not have a lawyer.
[ ] I HAVE NOT TALKED TO THE OTHER PARTY because: ____________
________________________________________________________________
________________________________________________________________.
4. [ ] Petitioner (or) [ ] Respondent asks the Court to:
_____ Modify the order(s) as described in Paragraph 2 above.
_____ Other ___________________________________________
________________________________________________
________________________________________________
_____ Order such other relief as may be deemed necessary.
5. [ ] YES, I understand that I must bring a copy of the order(s) listed in Paragraph 2 to the hearing.2
____________________________
Signature of Petitioner/Respondent pro se
____________________________
Name (print)
____________________________
Mailing address (print)
____________________________
City, state, and zip code (print)
____________________________
Telephone number
USE NOTES
1. You may use this form to ask the court to modify the conditions of a final order, including a custody plan and order, a child support obligation and order, or a spousal support provision in a final decree of dissolution of marriage. If more than 90 days have passed from the issuance of the order that you wish to modify, you may have to pay the filing fee required under Rule 1-099 NMRA. You must serve the other party with the documents you filed with the court. Refer to Rules 1-089 and 1-004 NMRA for more information. Failure to have the other party served with the documents may result in a re-set of your hearing or dismissal of your motion.
2. If you do not have a copy of the order(s) listed in Paragraph 2, you may request one from the clerk’s office. Standard copying fees may apply.
[Approved by Supreme Court Order No. 17-8300-017, effective for all pleadings and papers filed on or after December 31, 2017.]