Tribal Civil Cases
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At the time of filing a petition the filing fee must be paid by money order or cashier’s check to Isleta Tribal Court. Persons who cannot afford to pay the filing fee may complete a Request for Waiver of Filing Fee.
- Civil Complaints: $25
- Other Petitions: $15
- Petitions for Protective Order or Restraining Order – filing fee waived
Requesting a Continuance (civil cases)
A party who cannot attend their court hearing must file a Motion to Continue at least seven (7) days prior to the hearing or as soon as possible in the event of an emergency. A judge will usually grant a continuance if it does not significantly delay the case or when the party has not filed previous continuances. The Court may not grant a continuance if there have been numerous delays or when important issues must be addressed
Civil Cases Involving Children
Petitions can be filed for Children/Families in Need of Services, Custody, Guardianship, Adoption, Child Support, Paternity, Truancy and Name Changes. The Court will often appoint a Guardian Ad Litem (GAL) in cases involving children in need of services. The Court has a Multi-use Petition that can be used for filing petitions for Custody, Child Support, Guardianship, and Paternity matters. The name change process for children requires that both parents attend the hearing(s) or that the other parent have proper notice of the proceedings.
Child Support Cases
The Court requires the Petitioner in child support cases to complete and submit an application with the New Mexico Child Support Enforcement Division (CSED) prior to the first hearing. The application can be completed either on-line or manually and can be found on the CSED website at:
If completed manually the application must be submitted to the CSED Office in Albuquerque located at 10th & Tijeras. The application must be completed within one week after filing the petition and the Petitioner must submit proof that the application was submitted. The Court will not schedule the hearing until the Petitioner submits proof that the application was filed. CSED also has a field office in Los Lunas that serves Cibola and Valencia counties.
The Court will send a Notice of Hearing to both parties and to the CSED Attorney with the date and time of the scheduled hearing. The Petitioner and Respondent will receive a “Summons to Submit Income Information” requiring both parties to submit their income information to the Court. The CSED Attorney uses the income information to calculate the monthly child support obligation. If the Court does not receive income information from both parties the Court may schedule an Order to Show Cause hearing and/or vacate the scheduled hearing until the information is received. Otherwise, this delays the case and CSED cannot calculate the child support amount without this information.
The CSED Attorney represents the State of New Mexico and is paid by the State of New Mexico and does not represent the Petitioner. The CSED can help to: find the absent parent; establish paternity (legal fatherhood) for children; establish the legal support order that requires the non-custodial parent to pay monthly child support obligation and can collect and enforce payment of child support. However, the CSED does not handle other issues individuals often encounter such as property settlement, visitation and custody issues.
CSED Field Office in Los Lunas
Hours: Mon-Fri 8:00 AM to 5:00 PM
Address: 445 Camino Del Rey – Suite C, Los Lunas, NM 87031
Why is the Child Support Enforcement Division (CSED) involved in my case?
- CSED has the expertise to properly calculate the amount of child support obligation owed by the non-custodial parent.
- CSED has access to Department of Labor information regarding income of both parties.
- CSED has records of previous child support payments and can track future payments and delinquency balances.
- CSED can accept payments from the non-custodial parent and forward them to the custodial parent which eliminates the need for parties to have contact with each other.
- CSED can work with other states to garnish the wages of the non-custodial parent.
- CSED can enforce non-payment of child support using other means such as suspension of any professional license, including driver’s licenses.
General Civil Cases
The Court accepts petitions regarding general civil matters including but not limited to Adults in Need of Services, Civil Complaints, Civil Injunctions, Restraining Orders and Name Changes. There are petitions for each type of civil matter. Please note that a Civil Injunction is between parties who are not and have not been in an intimate relationship, while a Restraining Order is between parties who have been in an intimate relationship such as ex-spouses or ex-boyfriend or ex-girlfriend. When a Restraining Order is issued by the Court it is forwarded to the Isleta Police Department to be entered into the National Crime Information Center (NCIC) which is a national data system that alerts law enforcement agencies across the country that a restraining order is in effect.
When filing a civil petition the Petitioner must provide the Court with the Respondent’s current mailing address and information. The Petitioner is also required to serve the opposing party with the Civil Complaint and an Answer form. If the Respondent is not an enrolled member of a tribe or does not reside within the Isleta Reservation the Court may not have jurisdiction to hear the matter. Therefore the Petitioner must consider this when filing a petition in Isleta Tribal Court. It may be necessary to file a petition in another jurisdiction.