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 9/ 8/16 for hearing on Judy Gonzales’s motion to intervene, filed 7/22/16. The Petitioner was not present. 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. This matter was re-set to allow for proper notice to be served upon Petitioner. Judy Gonzales presented a sealed returned envelope as a demonstration that she had served petitioner. Judy Gonzales did not file a return receipt with the Court and apparently does not have one. The Court finds that this is not proper service.
3. Judy Gonzales has not properly served Petitioner with her motion, 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 October 11, 2016 at 1:30pm for hearing on motion to intervene.
C. Prior to the hearing set forth above, Judy Gonzales may serve a copy of her motion to intervene, and, a copy of this Hearing Officer Report upon Petitioner by publication. 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.
D. 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.
dc 9/8/16
/s/ Judith Finfrock
Child Support Hearing Officer
HAND-DELIVERED to all parties pro se/Counsel of record on date of filing to:
Cristian Gonzalez
912 Peacock SW
Albuquerque, NM 87121
Judy Gonzales
13215 Mountain Road NE, Apt. A
Albuquerque, NM 87112
HCS Pub. September 16, 23, 2016
SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
DM 2011-03989
State of New Mexico (HSD) and
Tiffany Gonzales Martinez
Petitioner
vs.
Christian Gonzalez
Respondent
MOTION FOR/TO (Judy Gonzales) to Intervene due to case D-202-PQ-2016-00049
Judy Gonzales, who was the Cristian Gonzalez in the previous proceeding, appearing pro se, requests the Court to consider the following:
I Judy Gonzales was order Appointing Temporary Guardianship of Jaela Mae Gonzalez on March 8, 2016. by the honorable Judge Valerie A Mackie Huling. I am the grandmother of Jaela Mae Gonzalez and has had full responsibility of the child for 3 ½-4 yrs, and would like to continue to have Custody/Timeshare with minor. Jaela Mae has been receiving Counseling with Southwest Counseling Inc with Deborah for about 1yr. and it is crucial that she continues. I will be entering Deborahs Statement and findings. Further I am concerned because Cristian Gonzalez has 2 batteries charges and 2 open cases with the CYFD. (Andreattill.) I am also asking if the minor child be present at the proceeding due to Jaela Mae would like to voice her own concerns on where she would like to live and go to school. Thank you for your consideration honorable Officer Judith Finfrock
Judy Gonzales
Judy Gonzales
13215 Mountain Rd Apt. A
Albuquerque, NM 87112
(505) 489-3677
I certify that I have
mailed a copy of this
pleading to opposing
counsel this 22 day of July, 2016.
Judy Gonzales
HCS Pub. September 16, 23, 2016
