This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a dispute over the modification of child support payments. The Respondent, who experienced technical issues during a child support modification hearing, claims that his due process rights were violated. He also alleges mathematical errors in the calculation of child support payments and contends that the district court failed to consider his pending disability hearing (paras 1-2).
Procedural History
- District Court of Doña Ana County: The district court adopted a hearing officer’s report and recommendation, which included a modification of child support (para 1).
Parties' Submissions
- Respondent-Appellant: Argued that his due process rights were violated due to technical issues during the hearing, that there were mathematical errors in the child support calculation, and that the district court did not consider his pending disability hearing (para 2).
- Petitioners-Appellees: [Not applicable or not found]
Legal Issues
- Whether the Respondent's right to due process was violated due to technical issues during the child support modification hearing.
- Whether there were mathematical errors in the calculation of child support payments.
- Whether the district court erred by not considering the Respondent's pending disability hearing.
Disposition
- The New Mexico Court of Appeals affirmed the district court's order adopting the hearing officer’s report and recommendation (para 3).
Reasons
Per Hanisee J. (Duffy and Ives JJ. concurring): The Court was unpersuaded by the Respondent's memorandum in opposition, which failed to address the proposed disposition or present new facts, law, or arguments to demonstrate error. The Court referred to its analysis in the notice of proposed disposition, which suggested that the Respondent's assertions did not demonstrate error. The burden was on the Respondent to clearly point out errors in fact or law, which he did not fulfill (paras 2-3).