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 the Petitioner's (John Burke) multiple attempts to obtain ongoing and back child support for a child (Samantha A. Jones) under the Kinship Guardianship Act (KGA) and the Uniform Parentage Act (UPA). The child's parents, Ana Marie Jones (Mother) and Kevin S. Jones (Father), had previously entered into various agreements regarding the child's custody and support, none of which included the Petitioner as a party or custodian. The Petitioner, who is the former husband of the child's maternal grandmother, had been appointed temporary guardian of the child by a district court but never obtained permanent guardianship. He later entered into a stipulated order of limited kinship guardianship, waiving any claims to child support from the Mother.

Procedural History

• District Court of Bernalillo County, January 1998: Parties filed a marital settlement agreement regarding child custody and support, which was not adopted by the court.
• District Court of Bernalillo County, April 27, 1998: An amended marital settlement agreement was filed and adopted, awarding joint legal and physical custody to the parents and setting child support obligations.
• District Court of Bernalillo County, September 9, 2004: A stipulated order modifying custody awarded Mother sole legal and physical custody of Child, with a child support obligation to Father.
• District Court of Bernalillo County, August 26, 2011: Petitioner filed a petition for guardianship of Child under the KGA.
• District Court of Bernalillo County, May 1, 2012: A stipulated order of limited kinship guardianship was filed, waiving Petitioner's claims to child support.
• District Court of Bernalillo County, January 29, 2013: Petitioner filed a motion for current and back child support under the KGA and UPA, which was denied.
• District Court of Bernalillo County, April 5, 2013: Petitioner moved to reconsider the court's ruling, which was again denied.
• Court of Appeals of New Mexico, March 16, 2015: Petitioner appealed the district court's order denying his motions for child support.

Parties' Submissions

• Petitioner: Argued that the stipulated order waiving child support claims was unconscionable and unenforceable, and sought ongoing and back child support under the KGA and UPA, as well as reimbursement for expenses (para 4).
• Respondents (Mother and Father): Contended that Petitioner did not have standing to request child support and that the stipulated order of limited kinship guardianship, which included a waiver of child support claims, was binding (paras 4-6).

Legal Issues

• Whether the Petitioner has standing to request ongoing and back child support under the Kinship Guardianship Act and the Uniform Parentage Act.
• Whether the stipulated order waiving Petitioner's right to child support is enforceable.

Disposition

• The district court's decision denying Petitioner's motion for child support under the Kinship Guardianship Act and the Uniform Parentage Act was affirmed (para 22).

Reasons

• LINDA M. VANZI, Judge (with JAMES J. WECHSLER, Judge and CYNTHIA A. FRY, Judge concurring): The court found that Petitioner was not appointed as the permanent kinship guardian of the child and thus did not have standing to request child support under the KGA. The stipulated order of limited kinship guardianship, which waived any claims to child support, was a final order on the guardianship and child support issues. Under the UPA, Petitioner did not meet the criteria to pursue a cause of action for retroactive child support, as all custody and child support issues had been addressed through the parents' agreements and orders, which did not place custody of the child with any other person. The court also noted that Petitioner, despite his contributions to the child's well-being, had no legal basis to claim child support (paras 10-20).