Dario Hernan Menanteau v. Maria Vanessa Menanteau

Las Cruces, New Mexico family law lawyers represented husband and wife in divorce action seeking dissolution of their marriage.





Husband and Wife were married in 1998, separated in 2019, and Husband petitioned for divorce in January 2020. The parties have three children, and as of March 2020 only one remained a minor. In April 2020, Husband filed a motion for an allocation of interim income and Wife did not file a responsive pleading. After one continuance and Wife's two attempts to further continue the proceedings, the district court held an evidentiary hearing on Husband's motion. At the hearing, the district court admitted exhibits and heard testimony from both Husband and Wife regarding their income and expenses. After the hearing, the district court entered an order regarding the interim income allocation. In that order, the district court determined Wife made $100,000 a year. It determined that Husband was capable of making $100,000 or more a year but imputed the lesser salary of his previous job for $4,583.99 per month as his salary for the entirety of 2020. Based on those findings, the district court ordered that Husband should receive an interim monthly allocation for the prior twelve months of $1,500 a month for a total of $18,000. The district court also ordered Wife to pay two months of interim support of $1,500 a month starting in January 2021, but also gave her credit for $12,944.20 for previous payments towards interim support.



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Menanteau v. Menanteau, A-1-CA-41098 (N.M. App. Nov 21, 2024)

Affirmed