Write a memo

he overall length should be no more than 1 ½ -2 pages, single spaced, 12 pt. font, with spaces between paragraphs of no more than 5 sentences. Remember all citations should be placed at the end of the sentence and use Ibid. and Ibid. at _____. where appropriate. NOTE: Assume that we are in New Mexico and all of the statutes and cases represent primary authority. Apply the Rules and Steps for analyzing Legal Authority.
Fact Pattern:
RE: Mr. Giani Panini
Child Support Modification
After 15 years of marriage, Giani Panini and Pancetta Panini were granted a divorce in May 2015. There are 3 children from the marriage. Mr. Panini was awarded primary custody of the children because he had always been the primary caregiver. Ms. Panini, a brain surgeon at the time of the divorce, was ordered to pay monthly child support in the amount of $4,500 per month. The terms of the divorce order were undivided in that it did not specify a “per child” amount.
Dr. Panini always resented the amount of child support she was ordered to pay. Her frustration over this led her recently to quit her medical practice and enroll in the paralegal program at the local collage. This career change resulted in a substantial reduction in her income. She told several individuals that she quit her practice because she “can’t stand to pay that much money to my ex-husband.”
Four months ago, the oldest child turned 18 years of age, and moved out of Mr. Panini’s house. Soon as the oldest child moved out, Dr. Panini reduced by one-third ($1,500) the amount of child support she was paying. She did not seek or obtain a Court Order granting a modification of her support obligation. She told Mr. Panini that she did not have to pay the full amount because the oldest child had turned 18 years of age. Two months ago, she unilaterally reduced her child support payments to $500 per month for the 2 remaining minor children, for a total of $1,000. She told Mr. Panini, “That’s all I can afford to pay now that I’m going back to school.”
Mr. Panini has come to our law firm seeking legal advice. With the above facts in mind, your assignment it to prepare a memo addressing the following questions:
1. Was it permissible for Dr. Panini to unilaterally reduce support when the oldest child reached the age of 18?
2. What is the likelihood of the Court granting a modification of child support due to Dr. Panini’s change of occupation?
Statutory Law: From the New Mexico Statutes Annotated (NMSA). This are very brief portions of the statutes. You need to locate and read in pertinent part the entire statute.
NMSA § 28-6-1 provides that the age of majority is reached when an individual turns eighteen years of age.
NMSA § 40-4-7 Proceedings; spousal support; support of children; division of property;
…(F) “The court may modify and change any order in respect to care, custody, maintenance or the children whenever circumstances under such change proper. The district court shall have exclusive jurisdiction of all matters pertaining to the care, custody, circumstances of the children so long as the children remain minors.”
NMSA § 40-4-11.4 (A) Modification of child support orders; exchange of financial information;
The relevant portion of section (A) provides: “A court may modify a child support obligation upon a showing of material and substantial changes in circumstances subsequent to the adjudication of the preexisting order.”
Case Law: These cases can be found by Google-ing them by citation.
Britton v. Britton, 100 N.M. 424, 671 P.2d 1135 (1983).
Wolcott v. Wolcott, 105 N.M. 608, 735 P.2d 326 (Ct. App. 1987).