STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
NO. D-202-DM 2011 3989
STATE OF NEW MEXICO (HSD),
TIFFANY GONZALES,
Petitioners,
v.
CHRISTIAN GONZALEZ,
Respondent.
HEARING OFFICER REPORT AND NOTICE OF FILING
[ x ] NOTICE OF HEARING
This matter came before the Hearing Officer on 8/4/16 for hearing on Respondent’s motion to modify custody and timesharing, filed 6/23/16; and on Judy Gonzales’ Motion to Intervene, filed 7/22/16. The Petitioner was not present. The Respondent appeared pro se. Judy Gonzales appeared pro se.
The Hearing Officer having heard testimony, offers of proof, and arguments, and being otherwise advised, FINDS:
1. This case was closed on 6/4/13. Pursuant to NMRA 1-089, when greater than 90 days have elapsed since case closure, the Petitioner must be served pursuant to NMRA 1-004.
2. Respondent and Judy Gonzales have not properly served Petitioner with each of their respective motions, and Petitioner does not have proper notice and opportunity to be heard.
IT IS THEREFORE RECOMMENDED THAT:
A. All issues are reserved.
B. The matter is rescheduled for hearing on August 31, 2016 at 8:45am.
C. Prior to the hearing set forth above, Respondent shall serve a copy of his motion to modify custody and timesharing, and, a copy of this Hearing Officer Report upon Petitioner by personal service or by certified mail, return receipt requested. Respondent shall file proof of said service into the Court’s record at least 2 days prior to the hearing. A copy of this Hearing Officer Report and a copy of Respondent’s motion were provided to him in open court.
D. Prior to the hearing set forth above, Judy Gonzales shall serve a copy of her motion to intervene, and, a copy of this Hearing Officer Report upon Petitioner by personal service or by certified mail, return receipt requested. Judy Gonzales shall file proof of said service into the Court’s record at least 2 days prior to the hearing. A copy of this Hearing Officer Report and a copy of Judy Gonzales’ motion were provided to her in open court.
E. All prior orders not otherwise modified herein remain in full force and effect.
If you object to these recommendations, you have ten (10) business days from the date of service to serve upon all parties a copy of your written Objections and to file your original written Objections with the District Court. de 8/4/16
/s/ Judith Finfrock
Child Support Hearing Officer
HAND DELIVERED on date of filing to Respondent pro se and
Judy Gonzales (movant/intervener).
STATE OF NEW MEXICO
BERNALILLO COUNTY
SECOND JUDICIAL DISTRICT
No. D-202-DM 2011 3989
State of New Mexico (HSD),
Tiffany Gonzales,
Petitioner,
v.
Cristian Gonzalez,
Respondent.
AFFIDAVIT OF PERSONAL SERVICE
I, affirm under the penalty of perjury under the laws of the State of New Mexico that I am over the age of eighteen (18) years, not a party to this action, and that I served the documents checked below on the day of, 20, by personally delivering copies of these to the [X] Petitioner at
[ ] Motion for, filed, 20 .
[ ] Request for Hearing on the Motion
[ ] Notice of Hearing
[ ] Hearing Officer Report and Notice of Hearing
[ ] Other:
(Person providing service)
Subscribed and sworn to before me this Day of, 20.
NOTARY PUBLIC
My Commision Expires:
HCS Pub. August 12, 19, 2016
