Divorce or separation is never easy. Once parents decide to split, they must determine who will have custody of the children and how child support is to be paid. In New Mexico, a child support order establishes which parent is to pay, the amount to be paid, when payments are to be made, and who is to receive the payments. In most cases, child support consists of money paid by a parent who does not have physical custody of the child to the parent who does.
How to Request Child Support in New Mexico
Although a child support order may be established in a legal proceeding such as a divorce, most child support cases begin with an application which is submitted to the Human Services Department. Child support is then calculated based upon a mathematical formula and a number of additional factors such as the parents' gross income, who has physical custody of the child, and any special needs. Once the calculations are complete, a child support order is issued by a judge. The following is a quick summary of New Mexico's child support guidelines.
New Mexico Child Support Guidelines
The following table outlines New Mexico's child support guidelines Â
| Code Sections | NEW MEXICO STAT. ANN §§ 40-4-7 and 40-4-11.1 et seq. |
| Who Is Responsible? | Both parents. |
| How Is Support Calculated? | Calculated based upon a percentage of the combined gross income of both parents after applying appropriate deductions. |
| What Is Included in a Support Order? | Basic support expenses such as food clothing and shelter as well as health and dental insurance and work-related child care. Extraordinary medical, dental, and educational expenses and transportation and communication expenses necessary for long distance visitation or time sharing may also be included in a child support order. |
| How Long Must a Parent Pay Child Support? | Until the child turns 18 or 19 if the child still attends high school. (Child support continues indefinitely if the child cannot support themselves due to a physical or mental disability.) |
| Penalties | The parent may be charged with contempt and the court may seize money in bank accounts or federal and state tax refunds, garnish wages, or file a lien on property to help pay for child support arrearages. |
| Local Resources | New Mexico Human Services Department |
New Mexico Child Support Guidelines: Related Resources
Child support guidelines can be confusing. If you would like legal assistance with a child support matter, you can contact an experienced New Mexico family law attorney. You can also visit FindLaw’s sections on Child Support, Child Support Modification, and Child Support Enforcement for more articles and information on this topic.
