Use this New Mexico child support law to learn about your
child support rights and responsibilites.
How is New Mexico child support determined?
In New Mexico, child support may be ordered to be paid by
either or both parents, depending on the financial resources of the parents.
There are official New Mexico Child Support guidelines,
designed to be in the best interests of the child, that the courts use to help
determine the correct amount of child support. There are separate worksheets
for determining the correct amount of child support to be paid by parents with
visitation and parents with shared responsibility.
These state child support guidelines will be followed, unless
both parents agree to an amount other than that calculated by the guidelines,
or the courts decide the guidelines are unjust due to specific circumstances of
the case, including:
- any extraordinary uninsured medical, dental or counseling
expenses for the child
- any extraordinary educational expenses for the child
- any transportation expenses or communication expenses for the
child’s long distance visitation or time sharing with the other
parent
- a substantial hardship for either parent or the child
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age. A child will also automatically be ineligible for child support if that
child marries, or is removed from disability status by a court order.
New Mexico's custody guidelines:
Generally, the parents agree upon decisions about parenting and
custody. If there is no agreement, then the courts will make these decisions.
In New Mexico, joint or sole custody may be awarded, based on
the best interests of the child and without any preference given to the sex of
the parents. In New Mexico, it is presumed that joint custody is best for the
child, unless it is shown otherwise. The factors the courts consider in all
custody cases include:
- the wishes of the child and the wishes of the parents
- the relationship the child has with each significant family
member
- the child’s adjustment to home, school and community
settings
- the physical and mental health of all involved
When specifically considering joint custody, the courts also
look at:
- the ability of the parents to cooperate and make joint
decisions
- the distance between the parent’s residences
- whether joint custody will promote a more frequent and
continuing relationship between the child and each parent
- the love, affection and emotional ties between the child and
the parents
- the ability of each parent to provide food, clothing, medical
care and material needs for the child and how well they manage these tasks
- whether each parent is willing to accept all the
responsibilities of parenting and the flexibility to share custody
responsibilities
- whether each parent can allow the other to provide childcare
without intruding
- whether the parenting plan submitted by the couple is
suitable for an award of joint custody
New Mexico's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. Usually, if a reasonable medical
insurance plan is available through one of the parent’s employment, they
are required to cover their child on it.
How permanent are the provisions for New Mexico child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states, including New Mexico, have a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. It is withheld much like income tax is withheld
from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
How does joint custody work?
Joint custody is now widely recognized by parents, courts and
state legislatures as the preferred parenting plan.
In New Mexico, joint custody or shared responsibility is
defined as each parent having the child in their home at least 35% of the time
during the year. More generally, it is a form of custody of minor children that
requires both parents to share the responsibilities of the children, and for
both parents to approve all major decisions related to the children.
While joint custody is a 50-50 sharing of responsibilities and
major decisions affecting the children, it rarely works out to be a 50-50
sharing of time with the children. Often one parent is named as the primary
joint custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How New Mexico determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. In joint custody cases, each
parent has the child in their home at least 35% of the time per year. However,
when parents cannot agree to exactly when visitation will occur, the standard
visitation schedule accepted most everywhere in the nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
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