Thomas C. Montoya


Albuquerque, New Mexico

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
  • Military Divorce

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • New Mexico, 1981
  • U.S. Federal Court, 1985


  • University of Southern California Law Center, Los Angeles, California
    • J.D. – 1978
  • 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

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, Law in the Fifty States Committee, 1988 – Present
  • 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, Chair, 1990 – 1991
  • State Bar of New Mexico, Family Law Section, Member, Legislation Committee
  • New Mexico Crime Victims Reparation Commission, Member, 2005 – Present
  • Bernalillo County Local Domestic Relations Rules Committee, 1989 – Present