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Thomas C. Montoya 
Albuquerque, New Mexico
Partner
phone 505-796-6238
888-350-5903
fax 505-889-3111
email Email Me

Tom Montoya is a shareholder with Atkinson & Kelsey, practicing primarily in matrimonial law and marital property distribution. He attended Stanford University, obtained his J.D. Degree from the University of Southern California, and is a member of the American Law Institute.

Mr. Montoya has practiced family law for over 28 years and is a frequent lecturer before various groups on subjects relating to family law. He has written numerous articles on family law issues for various professional groups, including The American Journal of Family Law, the American Bar Association, the New Mexico Law Review, and the State Bar of New Mexico. He is the principal author and editor of New Mexico Domestic Relations Law and Forms (Michie-Butterworth, 1995). Mr. Montoya also has taught more than 45 Continuing Education Programs on family law. He has lobbied for more than 30 legislative enactments in family law, and testified before the New Mexico State Legislature over 60 times.

In 2009, Governor Bill Richardson appointed Mr. Montoya to a second, four-year term on the board of the New Mexico Crime Victims Reparation Commission. Mr. Montoya is also the past co-chair of the state Child Support Guidelines Committee, which promulgated statutory child support guidelines, and the past chair of the Supreme Court Civil Procedure Domestic Relations Rules Subcommittee, which created statewide rules of procedure for domestic relations and domestic violence cases.

He is a member of the State Bar of New Mexico, where he chaired the Family Law Section and Legislation Committee. He has lobbied for the following legislative actions: Joint Custody Legislation, Child Support Guidelines, Public Retirement Community Property Division, Child Custody Jurisdiction, Child Support Enforcement, Paternity Code, Quasi-Community Property Act, Grandparent Visitation Act, Spousal Support Amendments, Life Insurance as Insurance for Support, Death During Pending Divorce Statute, Mediation of Child Custody Disputes, Family Violence Protection Act Amendments, Child and Spousal Support Liens, Pre-Nuptial Agreement Act, Joinder of Spouses in Real Estate Transactions, and Post-Minority Child Support Amendments.

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Areas of Practice:
Complex Litigation
Complicated Asset Cases
Divorce Appeals
Family Law
Litigation and Appeals
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
New Mexico, 1981
U.S. Federal Court, 1985
Education:
University of Southern California Law Center, Los Angeles, California, 1978
J.D.


Stanford University, Palo Alto, California, 1974


Published Works:
Survey of New Mexico Family Law New Mexico Law Review, Vol. 12, No. 1, 1982


Survey of New Mexico Family Law New Mexico Law Review, Vol. 18, No. 2, 1988


Transmutation of Community Property, American Bar Association, Family Law Section, 1985


New Mexico Domestic Relations Law and Forms, Michie-Butterworth, 1995


Representative Cases:
Ruggles v. Ruggles, 116 N.M. 52, 860P2d 182 (S. Ct. 1993)
Huntington National Bank v. Sproul, 116 N.M. 254, 861P2d 935 (S. Ct. 1993)
Pillars v. Thompson, 712 P.2d 1366 (N.M. 1986)
Wood v. Cunningham, 150 N.M. 699, 147 P.3d 1132 (Ct. App. 2006)
Leeder v. Leeder, 118 N.M. 603, 884P.2d 494 (Ct. App. 1994)
Ruggles v. Ruggles, 114 N.M. 63 834p2d 940 (Ct. App. 1992)
Altieri v. Altieri, , 105 N.M. 373, 733P2d 4 (Ct.App. 1987)
Honors and Awards:
"AV" Rating in Martindale-Hubbell Law Directory ("Very High to Pre-eminent")


Best Lawyers in America


Selected as qualified to be District Court Judge by Judicial Selection Nominating Committee, 1991, 1994, 1997


Best of the Bar 2010, New Mexico Business Weekly


Southwest SuperLawyer, 2011 - 2012


Professional Associations and Memberships:
American Bar Association, 1988 - Present
Law in the Fifty States Committee


American Law Institute


New Mexico Statewide Child Support Guidelines Committee, 1990


New Mexico Supreme Court Child Support Guidelines Committee, 1986 - 1987


State Bar of New Mexico, Family Law Section, 1990 - 1991
Chair


State Bar of New Mexico, Family Law Section
Member, Legislation Committee


New Mexico Crime Victims Reparation Commission, 2005 - Present
Member


Bernalillo County Local Domestic Relations Rules Committee, 1989 - Present


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Contact Information
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2155 Louisiana Boulevard N.E.
Suite 2000
Albuquerque, NM 87110-5422
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Mailing Address
P.O. Box 3070
Albuquerque, NM 87190
Local: (505) 796-6238
Toll Free: (888) 350-5903


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