## Facts

- A minor daughter left her mother’s home at age 13 after violence and substance abuse by the mother’s boyfriend and the mother’s decision to live with him.
- The mother left the daughter in a trailer without utility services due to unpaid bills.
- The daughter had worked since age 11; while living with her mother, her earnings contributed to household expenses.
- The daughter lived with various households and later with extended family rent-free so she could stay in school.
- At age 16, the daughter petitioned under the New Mexico Emancipation of Minors Act for a declaration of emancipation; the district court granted emancipation and expressly reserved jurisdiction over child support.
- The daughter later sought retroactive and prospective child support; a hearing officer recommended support of $390 per month until the daughter turned 18 or graduated from high school, whichever occurred later.
- The district court adopted the recommendation, ordered garnishment of the mother’s retirement benefits, and ruled emancipation did not necessarily terminate a minor’s right to child support.
- The mother argued child support cannot be ordered for an emancipated minor and asserted she had provided intermittent financial assistance (e.g., tickets, medical/dental costs, clothes, spending money).

## Issues

1. Whether emancipation under the New Mexico Emancipation of Minors Act automatically terminates a parent’s child-support obligation.
2. Whether a district court may order child support payable directly to an emancipated minor, including retroactive and prospective support, when the minor remains otherwise eligible for support (e.g., under 18 and still in high school).

## Decision

- The New Mexico Supreme Court affirmed the district court’s child-support orders.
- Emancipation under the Act does not, by itself, terminate a parent’s child-support duty.
- A district court may order child support payable directly to an emancipated minor who otherwise remains entitled to support.
- The Court found no error in ordering support through the statutory endpoint (age 18 or high-school graduation) and in using garnishment to enforce payment.

## Legal Principles

- Statutes are construed in harmony; an emancipation statute that grants minors certain adult capacities does not implicitly repeal or terminate child-support obligations absent clear legislative direction.
- A minor may remain a “child” for child-support purposes despite emancipation when the minor meets statutory eligibility criteria (age/school status).
- District courts have authority to structure child-support remedies, including directing payments to an emancipated minor when appropriate.
- Emancipation should not be interpreted to produce the result that a neglected minor loses support because the minor sought emancipation for safety and stability.

## Conclusion

The court held that emancipation under New Mexico’s Emancipation of Minors Act changes aspects of the parent–child legal relationship but does not automatically end a parent’s statutory duty of support; courts may order retroactive and ongoing child support payable directly to an emancipated minor who remains eligible until the statutory termination point.


Diamond v. Diamond, 283 P.3d 260 (N.M. 2012)