Opinion
No. 34,352
08-25-2016
LORRIE M. HINZO, Petitioner-Appellee, v. JASON P. HINZO, Respondent-Appellant, STATE OF NEW MEXICO ex. rel HUMAN SERVICES DEPARTMENT, Intervenor.
Advanced Legal Resolutions, LLC Sarah Van Cott Las Cruces, NM for Appellee Jason P. Hinzo Sioux Fall, SD Pro Se Hector B. Balderas, Attorney General Lila Bird, Special Assistan Attorney General Santa Fe, NM for Intervenor
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY
Mary W. Rosner, District Judge Advanced Legal Resolutions, LLC
Sarah Van Cott
Las Cruces, NM for Appellee Jason P. Hinzo
Sioux Fall, SD Pro Se Hector B. Balderas, Attorney General
Lila Bird, Special Assistan Attorney General Santa Fe, NM for Intervenor
MEMORANDUM OPINION
VIGIL, Chief Judge. {1} Respondent appeals the district court's denial of his motion to modify child support. This Court's second notice of proposed summary disposition proposed to affirm various findings of the district court, but to reverse the judgment below because it awarded support for periods during which Respondent could not be characterized as a noncustodial parent for purposes of NMSA 1978, Section 27-2-28(A) (2009). [2CN 4] That notice proposed to remand this case to the district court for entry of a support order that is consistent with the requirements of Section 27-2-28. [Id.] The State has filed no response. Respondent, however, has filed a document in which he does not oppose the proposed summary disposition. We, therefore, reverse the judgment entered below and remand to the district court for the entry of an appropriate order of support.
{2} IT IS SO ORDERED.
/s/ _________
MICHAEL E. VIGIL, Chief Judge
WE CONCUR:
/s/ _________
LINDA M. VANZI, Judge /s/ _________
STEPHEN G. FRENCH, Judge