Parents in New Mexico have the right to reach a child support agreement independently, or they can have it decided by the court. In an ideal situation, the child support order will be fairly set based on financial circumstances of the parents, along with the other factors that the law requires be considered for a child support calculation. Over time, those factors will change, and a modification is needed. A request can be made for modification of child support orders in New Mexico if there has been a material and substantial change in circumstances. Generally, that means the current Order has been in place for one year and the new calculation is 20% higher or lower than the current amount of support.
Here are some FAQs that relate to child support and the modification of child support orders in New Mexico.
What Factors Are Used to Calculate Child Support?
Experienced child support attorneys can assist you with calculating child support based on New Mexico’s guidelines. Factors used for assessing child support payments include:
- Each parent’s gross income
- How many children are involved
- The cost of health insurance
- The cost of work-related child care
- How many days the children are with each parent
What Are the Grounds for Requesting a Modification of Child Support Orders in New Mexico?
Finances or the social situation of either party in a divorce can change at any time. If your legal agreement no longer works for your current situation, you can request a modification. The reasons for requesting a modification of child support include:
- The child is older, and money for daycare expenses is no longer needed.
- There has been a medical condition or illness that has increased the child’s healthcare expenses.
- A parent’s income has changed
How Often Can Child Support Orders in New Mexico be Modified?
New Mexico law, and most child support orders, allow for either parent to request an annual exchange of financial information. Making the request doesn’t mean that the modification will be granted. Once a parent files a Motion to modify or revisit child support, the court will weigh the necessary factors to determine whether a change should occur. The law requires that a change is material and substantial if, when using the child support guidelines, the amount of child support would increase or decrease by 20% and more than a year has passed since the original order was made.
Contact Your Child Support Attorney
When requesting a modification of child support orders in New Mexico, it’s essential to consult with a qualified attorney who understands the child support guidelines. For our Albuquerque office please call 505-405-8267 and for our Las Cruces office please call 575-888-8578 or get started with a free case evaluation.