The State Bar of New Mexico’s Family Law section defines child support as a payment a parent pays to help meet their child’s needs when the parent is not residing with the child. It is considered to be one of the parent’s most important obligations. The starting point for establishing the ongoing child support obligation is the New Mexico child support guidelines which are designed to establish a proper standard of support for children, subject to the ability of parents to pay it.
Remember that it is not dependent upon the parents’ marital relationship but is determined by the child’s relationship with the adults. “The guidelines are not intended to reflect what the parents have been spending for the care, maintenance, and education of their children. Rather, they set the presumptive figure for what parents should be spending.” Once the court has granted child support, it continues until the youngest child attains the age of majority.
Who Can Receive Child Support?
A person can receive child support if they are the “parent, legal guardian, caretaker relative having custody of or responsibility for the child or children, judicially appointed conservator with a legal and fiduciary duty to the custodial parent of the child, or alternative caretaker designated in a record by the custodial parent.”
For child support, an alternative caretaker is a nonrelative caretaker who the custodial parent designates to care for the children for a specified amount of time.
What Services Can CSED Provide To Parties?
Anyone can apply for the Child Support Enforcement Services Division (CSED) services. If a parent, guardian, or caretaker receives Temporary Assistance for Needy Families (TANF) on behalf of the minor child, a CSED administrative case will automatically be opened. The parent, guardian, or caretaker can apply for services if no public assistance has been provided.
These services include the following:
- Locating absent parents;
- Establishing parentage;
- Establishing court orders for child support and medical support;
- Modifying existing child support orders when necessary;
- Enforcing court orders for child support and medical support; and
- Working with other states, countries, Native American tribes, and tribal nations to establish and enforce child support obligations when one parent does not live in New Mexico or has assets in another state of sovereignty.
Furthermore, any person can apply at www.hsd.state.nm.us. If the household receives TANF, there are no fees to establish and collect child support. If there are no public benefits, some basic fees are charged. Fees are paid after child support has been set by the court and is being collected. Even non-custodial parents can apply for services. In those instances, CSED serves as a “bookkeeper,” accounting for all payments received from the non-custodial parent and disbursing them according to the court order, laws, and regulations.
Moreover, the parents’ relationship status has expanded over the past few years. With the advent of assisted reproduction and the United States Supreme Court’s recognition of same-sex marriage, which can be a parent, has changed. Even “paternity” is no longer simple. Under the New Mexico Uniform Parentage Act, there are definitions for “acknowledged father,” “adjudicated father,” “alleged father,” and the “presumption of paternity.” CSED can help in establishing parentage.
For instance, if an individual is an “alleged father,” a genetic test can be completed at a minimal cost. CSED will not initiate an action to rescind or disestablish parentage.
How to Modify a Child Support Order?
For a district court to alter an existing child support order, there must be a “substantial change in circumstances, materially affecting the welfare of the child that has taken place since the entry of the prior support decree.”
There is a presumption of the material change of circumstances if “application of the child support guidelines would result in a deviation upward or downward of more than twenty percent of the existing child support obligation and the petition for modification is filed more than a year after the filing of the pre-existing order.” This is what the State Bar of New Mexico explains.
Additionally, if more than a year has passed, any party to a CSED-administered case can request that the CSED review the child support order for modification. After reviewing financial and other documentation, CSED will calculate the child support amount utilizing the child support guidelines. When the review is completed, CSED will provide each party with a copy of a post-review notice.
What are the Different Methods of Calculating Child Support?
According to the Marital Laws, New Mexico uses “percentage of income” and “income share” methods for calculating child support payments. New Mexico’s child support formula directly accounts for parents who share custody of a child, and support payment amounts are connected to the custody split. Other special circumstances under New Mexico’s child support law include extraordinary medical costs. These costs may be additions to the basic New Mexico child support order.
Moreover, the gross income of a parent means only the income and earnings of that parent and does not count the income of spouses. Gross income constitutes income from any source such as income from salaries, wages, tips, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received.
However, gross income does not count benefits received from public assistance programs or child support received by a parent for the support of other children. For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income means gross receipts minus the expenses required to produce that income, but necessary expenses do not consist of expenses decided to be inappropriate by the court to calculate child support.
Moreover, gross income will not have the number of alimony payments paid in compliance with the court. Gross income does not count the amount of child support already paid by a parent in compliance with the court for the support of prior children. Gross income does not count for a parent’s obligation to support prior children who are in their custody.
Additionally, each parent must multiply the total child support amount by each parent’s percentage share and enter each parent’s dollar share under that parent’s column. Child support can be arranged out of court by a mutual support agreement between the parents or can be decided in New Mexico family court through a child support order.
In New Mexico, several factors are considered when determining the amount of child support to be paid in court. Under the income share model, the court uses economic tables to estimate the monthly child-raising cost. The non-custodial parent pays a percentage of the calculated cost based on their proportional share of both parents’ combined income.
For further assistance, it is recommended to seek out a New Mexico child support lawyer for more guidance in your case. They can provide you with the proper resources for your case.
When Do I Need to Contact a Lawyer?
If you reside in New Mexico and are dealing with child support issues, do not hesitate to contact a local New Mexico child support attorney. Your lawyer can provide you with the support and representation needed for your specific claim.
