Child Support Attorney in Albuquerque
EXPERIENCED CHILD SUPPORT ATTORNEY IN ALBUQUERQUE, NEW MEXICO
- Do you need to establish child support in New Mexico?
- Is your ex refusing to follow a court order regarding child support?
- Do you believe that your child support should be modified based on a change in circumstances?
- Do you have questions about New Mexico’s child support law?
Often it is difficult and awkward to discuss child support matters with an ex-spouse or partner. Almost all parents know about child support, yet are unsure about the information that is used to calculate child support. In some cases, parents receive self-serving information or threats from the other parent when child support is discussed.
It is always in your best interests to contact an experienced lawyer that understands New Mexico law regarding child support. It’s important to contact a lawyer that will fight for your rights!
Do not overpay in child support – or receive less than you deserve based on misinformation, or fear manipulation.
Matthew Legan Sanchez can help you tackle any child support issue that you are facing in New Mexico.
NEW MEXICO CHILD SUPPORT GUIDELINES
Child support in New Mexico is based on clear law that results in predictable and consistent monthly obligations. It is always important to have an experienced lawyer by your side to ensure that the correct information is being used to calculate your child support. This information includes:
- Is the correct income being used?
- Is the court using the right worksheet based on visitation?
- Does the child have insurance costs?
- Are work-related childcare expenses involved?
- Are additional expenses involved?
- Are any extraordinary expenses involved?
- Is the other party unemployed or underemployed?
Your child support obligation is calculated based on these factors. The most important factors involved with child support include:
- Each parent’s gross income; and
- Visitation (i.e. Worksheet A or B).
Call Matthew Legan Sanchez at (505) SANCHEZ if you are experiencing issues relating to child support in New Mexico.
FAQs FOR CHILD SUPPORT IN ALBUQUERQUE, NEW MEXICO
MODIFICATION OF CHILD SUPPORT ORDERS IN NEW MEXICO:
If you already have a child support order in place, you may wonder whether your monthly obligation has been forever written in stone, or if the obligation can be changed. Whether you are the parent paying the monthly support, or you are the parent receiving child support, your child support may be modified based on a “material and significant change in financial circumstances.” New Mexico considers financial changes to be significant if a change to any of the child support factors results in an overall change of 20% to your monthly obligation. Child support can be modified based on a change in income, if the change results in a 20% increase or decrease to one’s monthly obligation. For instance, if your monthly child support obligation is $500, your income must change to a degree that results in a $100 increase or decrease to your monthly obligation. Also, your request to modify child support must be filed more than one year after your current child support order was entered.
WHY IS NEW MEXICO CHILD SUPPORT BASED LARGELY ON TIMESHARING?
The amount of child support that one pays is largely determined by the amount of time that one has with their children. Individuals with less than 35% of time – or approximately 128 days a year – will pay child support that is based on a Worksheet A. Parents that pay support based on a Worksheet A will pay a higher percentage of child support relative to people with 35% of time or more that fall under a Worksheet B.
WHY DOES A PARENT’S INCOME MATTER FOR CHILD SUPPORT?
New Mexico law states that a child should be supported based on both parents financial ability. Generally speaking, these means that if Parent A makes $100,000 and Parent B makes 0 – yet the child lives primarily with Parent B – then the child should benefit from the higher-earning parent’s standard of living. As mentioned above, parents with less than 35% of time will pay a higher percentage of child support relative to parents with 35% of time or more.
HOW DO I GO ABOUT GETTING CHILD SUPPORT?
Child support commonly beings in the form of one parent filing a Petition to Establish Paternity, Custody, Timesharing and Child Support. Once parentage is established, the court will set the appropriate custody, timesharing arrangement and child support.
WHAT DO I DO IF THE OTHER PARENT IS BEHIND IN CHILD SUPPORT PAYMENTS AND REFUSES TO PAY CHILD SUPPORT?
Call (505) SANCHEZ immediately!
In most cases the appropriate step is to alert the New Mexico court by filing a motion to determine child support arrears and to enforce the requisite payment.
DO I GET CREDIT FOR CHILD SUPPORT THAT IS BEING PAID FOR OTHER CHILDREN?
You can deduct child support payments from your gross monthly income if the support is being paid for a child that was born before the child at issue. New Mexico courts only permit deductions for prior born children.
CAN PARENTS AGREE TO A LOWER CHILD SUPPORT PAYMENT THAN WHAT IS REQUIRED BY THE NEW MEXICO CHILD SUPPORT GUIDELINES?
Yes. New Mexico courts can deviate from the child support guidelines if there is a written finding in the decree, judgement, or order of child support that applying the guidelines would be unjust or inappropriate. Additionally, circumstances creating a substantial hardship for a parent may justify the court to adjust the child support. With that said, every decree or child support order that deviates from the guideline amount must contain a statement of the reasons for the deviation (i.e. substantial hardship), and both parents must agree to the modified amount. See NMSA § 40-4-11.2. Additionally, a completed child support worksheet must be attached to the order establishing or modifying child support. See NMSA § 40-4-11.6.
WHAT INCOME IS NOT CONSIDERED GROSS MONTHLY INCOME?
A parent’s “gross monthly income” is broadly defined by New Mexico law. However, a parent’s gross monthly income does not include:
- Benefits from means-tested public assistance;
- Child support received by a parent for the support of other children;
- Alimony payments actually paid in compliance with a court order; and
- Reasonable amount for a parent’s obligation to support prior children in who are in that parent’s custody.
CAN I DENY VISITATION IF MY EX REFUSES TO PAY CHILD SUPPORT?
No. New Mexico courts view child support and child custody as two separate legal matters. A custodial parent cannot prevent visitation from taking place because child support has not been paid.
WHEN DOES CHILD SUPPORT END?
Child support ends when the child is legally emancipated, either by court order or when the child turns 18; in situations where the child is 18, but still in high school, child support continues until the child turns 19, or when the child graduates from high school (whichever occurs first). Child support also ends if the child joins the military, dies, or gets married. Child support can continue indefinitely in situations where the child has a disability that makes it impossible for the child to become self-sufficient. See NMSA § 40-4-7; See also Cohn v. Cohn, 123 N.M. 85.
NEW MEXICO CHILD SUPPORT ATTORNEY
Matthew Legan Sanchez is dedicated to helping New Mexican parents care and protect their children. Sanchez achieves this goal by helping parents receive fair child support orders that are based on NM child support guidelines.
WHAT IS CHILD SUPPORT?
Child support is a financial payment that the noncustodial parent makes to the custodial parent. Child support is intended to aid in the care and upbringing of a child. Child support is based on a child’s right to support.
Child support is legally required in New Mexico because all parents are legally obligated to support their children. Even when one parent does not have physical or legal custody – a parent is still obligated to support their child.
New Mexico courts calculate child support based on the New Mexico child support guidelines. The NM child support guidelines calculate the appropriate level of support.
PROTECTING YOUR RIGHT TO A FAIR CHILD SUPPORT ORDER
Sanchez protects your rights to a fair child support order based on the NM support guidelines. When parents separate, determining child custody and parenting time is only part of the overall equation. Parents that have separated or divorced also need to consider how their children will be financially supported. Under New Mexico’s child support laws, both parents have a responsibility to provide financial support for their children. This duty to provide financial support is also called child support.
New Mexico has specific requirements regarding the fair and proper amount of child support that a parent must pay. In most cases, child support will be set according to the NM guidelines, whether you reach an amicable agreement or take your case to a hearing. There are many other legal issues to deal with related to child support, including extraordinary expenses outside of child support.
Sanchez can help with all of your child support issues and will fight for you to ensure that your child support is set according to New Mexico law.
CHILD SUPPORT ATTORNEY NEAR YOU
Matthew Legan Sanchez is a dedicated and knowledgeable divorce and custody attorney in New Mexico. Sanchez has handled child support issues in NM for over a decade and has the trial experience that you need. Sanchez can handle your NM child support case in Albuquerque, Rio Rancho, Los Lunas, Belen, Taos and Santa Fe County.
