Alimony and child support laws in New Mexico (Bonus! New Mexico Divorce Products and Services and calculator)

Alimony and child support laws in New Mexico

Before you start your online New Mexico Divorce you should arm yourself with some good information on New Mexico child support laws and understand they dictate how much child support will be paid to the custodial parent. Child support laws in New Mexico are similar to those in other states, however each state has its quirks, and New Mexico child support laws are no exception. One thing which New Mexico has in common with all other states is that they do not take lightly failure to pay child support once there is a court order, so if you are having problems with paying your support, it is critical that you contact a qualified New Mexico child support attorney to help you get your payments reduced.

Child support is one of the most contentious issues in family law, and New Mexico child support issues are no exception. When dealing with New Mexico child support, it is best if you have a good New Mexico child support attorney to help you. But there are also some things which you can and need to know right up front about child support in New Mexico, and the New Mexico child support laws. While many people don’t realize it, most state child support laws are fairly fixed, and don’t take into account such things as what your or your ex’s actual child-related expenses are.

The child support laws of most states look at only a few factors, and you may find that your New Mexico child support award takes into account only:

  • How much you earn
  • How much your ex earns
  • How many children you have; and
  • What percentage of time the children are under each parent’s care and control

Sometimes, although not often, a court will consider expenses which it may consider extraordinary, however that is the exception, not the rule. In most states, for example, the cost of dancing lessons, sports lessons, or other discretionary extracurricular activities, will not be taken into account when awarding child support.

Nor does the court usually really care how much rent you pay, how much your mortgage is, or what your other living expenses are. They really only care about income, number of children, and the time the children are with each parent. This often confuses people who live in states which require the parents to fill out lengthy and complicated income and expense forms. Why do they want to know your expenses if they aren’t going to take them into account? It’s a good question, and often it is a holdover from days when they did things differently, but you still have to fill them out.

Some exceptions to the above rule include the cost of child care if it is required during the custodial parent’s work hours, or while they are going to school in an effort to create better job opportunities for themselves. In those situations, the non-custodial parent will often be ordered to pay part or all of that child care expense. The same will often hold true for medical expenses which are not covered by insurance, and if the children are not insured through the custodial parent’s employment, the noncustodial parent may also be ordered to pay for medical insurance for the children.

Whether any of these exceptions will apply in your New Mexico family law matter will depend on various factors, and you should consult a qualified New Mexico lawyer to determine what your options and rights are. If you need to find a New Mexico child support lawyer, you can consult our Find a New Mexico Lawyer page.

Fights over money, especially with respect to child support, lead to some of the most damaging family law cases of all – and such battles are particularly damaging to the children. In the end, it’s just money. Try to remember that as you weigh what is most important to you – money, or your children’s well-being, and your relationship with your children. Think about it in these terms: how much would you pay to someone to see your children happy? That is the flip side of a child support fight: how much are you willing to damage your children by exposing them to their parents fighting over who will pay how much for them?

New Mexico Divorce Products and Services

Bonus!  Here is a handy New Jersey Child Support Calculator

State Abbreviation NM
Statehood January 6, 1912
State Capital Santa Fe
Number of Counties 33
State Population (2005) 1,928,384
State Quarter Issue Date April 7, 2008
State Flower Yucca
Nickname Land of Enchantment
State Flag New Mexico State Flag
Area Codes 505, 957
Top 5 Cities (2000 population)
Albuquerque 448,607
Las Cruces 74,267
Santa Fe 62,203
Rio Rancho 51,765
Roswell 45,293
Major Sports Teams None
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