§ 40-3-10-1

The court, at the time of the final decree of dissolution of marriage, may declare, as between the parties, a debt to be unreasonable if it was incurred by a spouse while the spouse was living apart and the debt did not contribute to the benefit of both spouses or their dependents. History: Laws 1983, ch. 75, § 2. ANNOTATIONSAttorney fees. — Trial court's finding and ultimate conclusion that all of the wife's attorney fees were excessive and unreasonable was error, where the fees that the wife incurred by seeking settlement of child custody and visitation constituted community debts under 40-3-9 NMSA 1978 and those fees that the wife incurred as a result of litigating the issue of child support likewise constituted a communal expense. Bustos v. Gilroy, 1988-NMCA-012, 106 N.M. 808, 751 P.2d 188.