Child support is one of the most emotionally charged family law issues. Often, the parents on competing ends of family court wonder, “What does child support cover in New Mexico?”
Let’s uncover what child support covers in New Mexico.
HOW DO I STOP MY EX FROM SPENDING CHILD SUPPORT ON HIMSELF/HERSELF?
Feelings surrounding child support can be intense and emotional. Part of the emotions are triggered by feelings surrounding the marital separation or divorce. In other situations, child support is an emotional topic because one parent believes that the other parent is not using child support on the child’s behalf.
At times, the parent paying child support wants a detailed accounting of how the support is being spent. Nevertheless, New Mexico law does not provide the paying parent to dictate how support is spent. Moreover, the parent receiving support is not required to provide an accounting of how support is used. In this regard, New Mexico courts refrain from acting as the bookkeeper or accountant for child support usage. As such, NM courts generally take a hands-off approach when asked to regulate or restrict child support use.
WHAT EXPENSES DOES CHILD SUPPORT COVER IN NEW MEXICO?
In New Mexico, child support covers a child’s basic living expenses. These expenses include:
- Housing;
- Clothes;
- Food;
- Entertainment;
- Transportation; and
- Hygiene products.
Also, child legal support covers work related childcare expenses that each parent incurs. Additionally, child legal support considers and covers healthcare premiums that a parent pays for a child. In other words, these expenses are factored into a parent’s ongoing and monthly child support payment.
With that said, parents may also be required to pay extraordinary expenses, in addition to the basic and ongoing support payments.
WHAT ABOUT EXTRAORDINARY EXPENSES?
Extraordinary expenses that are not included as a basic living expense. In some cases, parents are required to provide basic support and cover extraordinary medical, dental, and counseling expenses.
For instance, extraordinary medical expenses are uninsured expenses more than one hundred dollars. In most cases, each parent is required to pay these expenses in addition to ongoing, monthly child support payments. Moreover, extraordinary expenses are usually determined based on each parent’s percentage of income. As such, each parent usually must pay a percentage of extraordinary expenses, as reflected by each parent’s percentage of income on the child legal support worksheet.
Additionally, extraordinary expenses can also include educational expenses that are spent on the child’s behalf. Educational expenses may include:
- Extracurricular activities;
- Field trips or special outings;
- Club or membership dues;
- School supplies; or
- Tutoring fees.
As mentioned, extraordinary expenses are usually treated separately from ongoing, monthly support payments. Nevertheless, proving and enforcing extraordinary expenses can be tedious and time-consuming. As such, enforcing extraordinary expenses is usually more difficult than enforcing ongoing, court ordered payments.
WHEN DOES CHILD SUPPORT END IN NEW MEXICO?
Child support usually ends when a child turns 18, or graduates from high school.
With disabled severely disabled children, parents have a common law duty to continue providing support, if the child became disabled before turning 18.
IS COLLEGE EDUCATION INCLUDED WITH CHILD LEGAL SUPPORT?
No. New Mexico’s child support laws do not include a requirement for post-majority education.
Child support usually ends when a child turns 18, or graduates from high school. In rare situations, child support ends at 19 if a child is still attending high school.
With that said, parents can voluntarily agree to cover college expenses. If so, this agreement can be included within a parenting plan. In such a situation, the parent will likely be required to honor the agreement.
BEST CHILD SUPPORT LAWYER IN ALBUQUERQUE, NEW MEXICO
Do you still have questions about what child support covers in New Mexico? If so, Matthew Sanchez is the best child support lawyer or attorney in Albuquerque. For more than a decade, Sanchez has handled child support matters all across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk tothe best child support lawyer or attorney. Talk to (505) SANCHEZ.
