The best child support lawyer/attorney has trial tested experience. You see, trial experience enables a child support lawyer to understand the gray areas of New Mexico child support laws. In New Mexico, support is based on NM law and guidelines. In fact, New Mexico has a child support calculator that determines how much support is paid.
With that said, child support issues vary from case to case. For instance, every child support case has different facts, including:
- Number of children;
- Each parent’s gross monthly income;
- Visitation schedule;
- Work-related daycare expenses; and
- Extraordinary expenses.
Moreover, child support arrears are determined from the date of separation. Because each case is unique, it is important to find the best child support lawyer/attorney in New Mexico. A tested and successful child support attorney understands the issues that impact NM child support.
To better understand child support, here are some factors to consider.
HOW VISITATION SCHEDULE IMPACTS CHILD SUPPORT
Your visitation schedule heavily impacts child support. Specifically, visitation determines if child support is calculated under a Worksheet A or B.
Parents that have 65% of time, or less, fall under a Worksheet A. Consequently, these parents pay a higher percentage of child support. Worksheet A support is higher because NM law presumes that the co-parent is primarily caring for the child.
Because of this fact, the visitation schedule in your case can greatly impact your child support payments.
GROSS MONTHLY INCOME AND SUPPORT
In addition to visitation, each parent’s gross monthly income heavily influences the required support. Particularly with Worksheet A support, support increases as a parent’s income increases. In other words, a parent with less than 65% of visitation will pay more child support as income increases.
At times, one parent is either voluntarily or purposefully underemployed. If so, the court can calculate that parent’s income based on:
- Minimum wage; or
- Potential income.
Based on these facts, it is important to understand how to request a parent’s financial information. Moreover, it’s important to understand what is considered income for calculating child support. Finally, it’s important to know how unemployment impacts child support.
OTHER FACTORS THAT INFLUENCE SUPPORT
Other factors that impact child support include:
- Travel expenses;
- Extraordinary dental/health expenses; and
- Insurance premiums paid for child.
It’s also important to note that parents can agree to support that is either higher or lower than the suggested guidelines. For instance, parents can agree that one parent pays less in support than guideline support. The basis for the agreement is usually “financial hardship.”
Importantly, a child support worksheet must be attached to every order that determines child support. If parents agree to a lower/high child support amount, a child support worksheet must be attached that demonstrates guideline support. In other words, all child support orders must include a child support worksheet that shows NM guideline support.
CHILD SUPPORT ATTORNEYS/LAWYERS FOR FATHERS IN NEW MEXICO
New Mexico’s economy is rapidly changing. Accordingly, some women earn more than male co-parents. Consequently, women can also be ordered to pay child support.
In other words, child support is not for women only. Increasingly, men are being awarded primary custody. As a result, these men are entitled to child support under NM law.
Are you a man that is going through a custody or divorce case in New Mexico? Moreover, have you always been your child’s “primary caregiver?” If so, you could be entitled to child support.
Additionally, visitation often changes over time. For instance, a child’s primary custodian can flip as the years pass. When this happens, child support can also change to reflect the new facts. For instance, child support can always be modified when:
- One year has passed since the current support order was entered; and
- Application of the child support factors causes support to change by 20% or more.
Importantly, child support does not change automatically. In other words, you must file a motion to modify child support. If not, then the current child support remains until the appropriate motion is filed. With that said, it’s important to understand when to file a motion to modify child support.
FAMILY LAW ATTORNEY/LAWYER IN ALBUQUERQUE, NEW MEXICO
Matthew Sanchez is one of the battle tested child support lawyers in Albuquerque, NM. Sanchez has handled child support all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to dedicated child support attorney that knows what they are talking about. Talk to (505) SANCHEZ.
Finding the best child support lawyer/attorney in New Mexico
