My question involves a child custody case from the State of: New Mexico.
I am a father of four children, one being 22 years old and the others 14, 9, and 7. My child support was set at $4000.00 per month and I recently filed a motion to reduce the support amount as my corporation has recently folded. Within 7 days of the Motion being file, my ex contacted CYFD alleging that I am drinking and driving with my minor children in tow, that I have yelled and screamed at her, threatened to take the children from her and run out of the country. She further filed a TRO with these allegations, which was granted and served on me. Following the service of the TRO she contacted the Sheriff alleging that I was calling and yelling at her and that she was in fear of me. I obtained her cell phone records (her cell phone is on my account - very legal I pay her bill) and there are ZERO phone calls from me to her phone, in fact the only calls to and from her phone at the time frame were her calls to the police and their calls back to her. She further called the police stating that a facebook post that I entered stating that I was feeling depressed cause I could not see my children caused her oldest daughter to not speak with her any longer - (she has been estranged from my oldest daughter for almost a year now). Subsequently I was arrested for violation of the Court Order. The TRO hearing office found that the allegations of drinking and driving were unfounded, as did CYFD unsubstantiated the claim/report. Since that time I we have been ordered to drop of and pick up the children in a public place. The first time worked just fine, no drama or mess. Then the second time when I was returning the children she had members of her family driving back and forth at the drop off place (City detention center because it has a 360 degree camera). She had a police officer there to witness the exchange. The third time was the same type of situation. The police have been made aware that her claims are unfounded, and we (attorney and I) have proven this to them with cell phone evidence etc. My question is, at what time does her having family members stalk me (They have followed me through town several times, walked circles around my vehicle when parked at a local restaurant, sent emails and texts to mutual friends containing severe but untrue allegations etc) become a crime. My children are experiencing stress with the exchanges as there is always an armed officer present (my community does not have a safe exchange organization that could facilitate this). I feel that the continued lies to the police, family member stalking, and the stress on my children should cease, but do not know how to do this in the court system.
I am a father of four children, one being 22 years old and the others 14, 9, and 7. My child support was set at $4000.00 per month and I recently filed a motion to reduce the support amount as my corporation has recently folded. Within 7 days of the Motion being file, my ex contacted CYFD alleging that I am drinking and driving with my minor children in tow, that I have yelled and screamed at her, threatened to take the children from her and run out of the country. She further filed a TRO with these allegations, which was granted and served on me. Following the service of the TRO she contacted the Sheriff alleging that I was calling and yelling at her and that she was in fear of me. I obtained her cell phone records (her cell phone is on my account - very legal I pay her bill) and there are ZERO phone calls from me to her phone, in fact the only calls to and from her phone at the time frame were her calls to the police and their calls back to her. She further called the police stating that a facebook post that I entered stating that I was feeling depressed cause I could not see my children caused her oldest daughter to not speak with her any longer - (she has been estranged from my oldest daughter for almost a year now). Subsequently I was arrested for violation of the Court Order. The TRO hearing office found that the allegations of drinking and driving were unfounded, as did CYFD unsubstantiated the claim/report. Since that time I we have been ordered to drop of and pick up the children in a public place. The first time worked just fine, no drama or mess. Then the second time when I was returning the children she had members of her family driving back and forth at the drop off place (City detention center because it has a 360 degree camera). She had a police officer there to witness the exchange. The third time was the same type of situation. The police have been made aware that her claims are unfounded, and we (attorney and I) have proven this to them with cell phone evidence etc. My question is, at what time does her having family members stalk me (They have followed me through town several times, walked circles around my vehicle when parked at a local restaurant, sent emails and texts to mutual friends containing severe but untrue allegations etc) become a crime. My children are experiencing stress with the exchanges as there is always an armed officer present (my community does not have a safe exchange organization that could facilitate this). I feel that the continued lies to the police, family member stalking, and the stress on my children should cease, but do not know how to do this in the court system.
Modification of Support: Mother Filed a False TRO Petition After Father Moved to Reduce Child Support
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