In New Mexico, parents have the option of reaching a child support agreement on their own or having it decided by the court. Ideally, the child support obligations of each parent are fairly based on their financial circumstances and adequately cover all of the child’s needs. New Mexico has its own set of guidelines when calculating child support. You can use this CHILD SUPPORT CALCULATOR when estimating you potential payments. We represent people who are trying to establish child support or need legal assistance in getting a child support order enforced.
New Mexico Child Support Attorneys
Estimating Your Child Support Payments
New Mexico Child Support Guidelines
The guidelines used to calculate child support are based on Worksheet A of the basic child support schedule when one parent has child visitation, and the other parent has primary custody. Worksheet B of the basic child support guidelines are used when both parents have joint custody of the child. The worksheet serves as a guideline but the court should be notified of any extenuating circumstances or special situations if the amount of child support payments appears to be inadequate.
Expenses Child Support Covers
The financial contributions of each parent are established to help the children maintain a standard of living comparable to both parents. We work closely with clients to obtain a comprehensive assessment of the expenses associated with raising the children and providing for their welfare. Some of the expenses covered by child support are:
- Educational expenses such as private school tuition and school supplies
- Medical and dental services
- Expenses for recreational activities
- Travel costs
Factors Used to Calculate Child Support
An experienced child support attorney knows how to accurately calculate child support based on New Mexico’s guidelines. The factors used to assess the child support payments include:
- The parents’ gross income
- The number of children
- Health insurance costs
- The number of days the children spend with each parent
Child Support Enforcement
If you are receiving child support payments inconsistently, or have not received any child support payments at all, there are measures that can be used to assist you. If a parent is violating a child support court order or agreement, the New Mexico Child Support Enforcement Division can initiate wage garnishment, revoke the non-paying parent’s professional license and/or driver’s license, place liens on assets, or garnish income tax refunds.
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Frequently Asked Questions
How is child support calculated?
The court uses a child support calculator to determine the appropriate amount of child support to be paid by the parties in a case. These calculations include, among other things, each party’s income, the amount of time each parent spends with the child(ren) and who pays other expenses like insurance premiums for the kids.
Is child support mandatory?
The court must always make a determination as it relates to child support, resulting in there always being some amount of support being paid. It is theoretically possible, however, that if the parties had similar incomes, had equal custody of the child and split expenses, that no actual child support payment would be owing.
Can child support orders be changed?
Child support can change as circumstances change. A modification of child support can occur for a variety of reasons: changes in the number of overnights, changes in income, changes in expenses paid for the benefit of the children (daycare/extraordinary expenses). Parents exchanges financial information each year to see if an adjustment needs to be made to the existing order – parents can either agree on a new number or seek court assistance.
How is child support paid?
There are several options for paying child support. One of the most common methods of paying child support is through the Family Support Registry, which is a third party tool that receives payments and then distributes them. Child support can be paid directly to the other parent via check or bank transfer. Child support can also be paid through an income assignment (an automatic deduction from the payor’s paycheck).
How long does child support last?
Child support can be modified as circumstances change (such as changes to parenting time, income, expenses) and it lasts until a child reaches the age of 19 or emancipates. If parents have more than one child, child support can also be modified as each child reaches the age of majority (19).
Will my stimulus check be affected if I owe child support payments?
The stimulus checks are designed to provide support during the coronavirus pandemic are seen by many taxpayers as much-needed handouts. However, if you’re behind on child support, you may not receive a check at all.
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