Can I make my Mother pay for my medical expenses in New Mexico?

Full question:

I (14 years old) live with my mom in New Mexico. Recently I found out that I have cancer. My dad died a year ago. So I am solely dependent on my mom for all my medical expenses. But my mom refuses to give a penny for my treatment and care. Can I file a complaint against her?

  • Category: Minors
  • Subcategory: Support
  • Date:
  • State: New Mexico

Answer:

Yes, you can file a complaint against your mom. As you’re still a minor and dependent on your mother, she has a duty to provide you support and care which includes necessary medical care also. Your mother may be punished with 18 months of imprisonment and/ or 5000 dollars fine for not looking after your medical expenses without any valid reason.
 
N.M. Stat. Ann. § 30-6-2 says:

“Abandonment of dependent.

Abandonment of dependent consists of a person having the ability and means to provide for his spouse or minor child's support and abandoning or failing to provide for the support of such dependent.

Whoever commits abandonment of dependent is guilty of a fourth degree felony.”
 
N.M. Stat. Ann. § 31-18-15

“Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.
If a person is convicted of a noncapital felony, the basic sentence of imprisonment is as follows:***
            (13) for a fourth degree felony, eighteen months imprisonment.
***
E. The court may, in addition to the imposition of a basic sentence of imprisonment, impose a fine not to exceed:
***
(11) for a third or fourth degree felony, five thousand dollars ($ 5,000). . . ."

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Claiming a parent as a dependent can limit their ability to claim certain tax benefits. It may also affect their eligibility for government assistance programs. Additionally, if the parent has income, it could impact the dependent's tax situation. It's essential to consider these factors and consult a tax professional for personalized advice.