How to Request Financial Information for Calculating Child Support

 

 

Parents that are going through a divorce or separation often wonder how to request financial information for calculating child support.

Parents that are facing a divorce or separation can be anxious to discover how child support is calculated in New Mexico.  One of the biggest factors that impacts child support is each parent’s monthly income. Because of income’s impact on child support, it is essential to uncover each parent’s financial information to discover the amount of support that will be paid or received.

To better understand what child support you should expect to pay or receive, let’s unpack the process of requesting financial information from your ex.

 

REQUESTING CHILD SUPPORT INFORMATION BY EMAIL OR TEXT

 

Sometimes requesting your ex’s financial information can be accomplished through a simple request.  Go for the low-hanging fruit first.  Try reaching out to your ex through email or text about the financial information that is needed to calculate child support.

With that said, the likelihood of receiving the financial information often depends on whether a support case is already opened.  There is no legal requirement to exchange financial information before a case involving child support is opened.  This means that your ex may give you the cold shoulder and refuse to provide the necessary financial information until they are ordered to do so.  Breathe, file the necessary case, and move forward.

Your ex is only stalling the process by refusing to provide their financial information.  Once a case involving child support is opened, your ex will be legally required to disclose their financial information.

 

CHILD SUPPORT CASE ALREADY OPENED

 

Is a case involving child support already opened?   If so, then New Mexico law requires both parties to provide the following Rule 1-123 information:

• Federal and state tax returns, including all schedules, for the most recent year;
• W-2 statements for the most recent year;
• IRS Form 1099 for the most recent year;
• Work-related daycare statements, if applicable;
• Dependent medical insurance premiums for the previous year, if applicable; and
• Wage and payroll statements for the past four months.

Under New Mexico law, parents that are involved with a case that includes child support are required to provide the information above.  This information must be provided within 45 days of the case being opened and properly served.

 

REQUESTING UPDATED FINANCIAL INFORMATION TO MODIFY CHILD SUPPORT

 

The initial exchange of financial information is usually more tedious than future exchanges.  For the initial exchange, even though NM law requires the information to be exchanged 45 days from the date the case is opened and served, usually the information must be requested by email or letter.

Once support has already been established, the exchange of financial information should be relatively smooth. Usually it is easier to receive financial information after a case is opened because all child support orders must include language about the annual exchange of financial information.  This mandatory, annual exchange of financial information includes:

• Federal and state tax returns, including all schedules, for the most recent year;
• W-2 statements for the most recent year;
• IRS Form 1099 for the most recent year;
• Work-related daycare statements, if applicable;
• Dependent medical insurance premiums for the previous year, if applicable; and
• Wage and payroll statements for the past four months.

 

AM I REQUIRED TO PROVIDE FINANCIAL INFORMATION FOR MY CURRENT HUSBAND/WIFE?

 

No.  The wages of your ex’s current spouse may be omitted from the financial information that is provided by either the parent receiving or paying child support.  Only the parent’s income is considered for the purpose of calculating child support in New Mexico.

 

WHAT HAPPENS IF MY EX REFUSES TO PROVIDE FINANCIAL INFORMATION TO CALCULATE CHILD SUPPORT?

 

Under New Mexico law, the parties must exchange Rule 1-123 financial information within 45 days from the date that a case involving child support is filed and properly served.  You can file a Motion to Enforce, if your ex refuses to follow NM law and provide the necessary financial information.

 

OTHER WAYS TO GET PAY INFORMATION FOR CHILD SUPPORT

 

Have you tried to peacefully request your ex’s pay information, but are hitting a dead-end?  Do you believe that your ex is under-reporting their true income?  If so, you can consider requesting financial information through discovery or a subpoena.

 

REQUESTING CHILD SUPPORT INFORMATION THROUGH DISCOVERY

 

Relevant financial information over and beyond the mandatory Rule 1-123 information can be requested through the discovery process.  The discovery process allows you to request financial information such as bank account statements, credit card statements, or any other relevant information that demonstrates your ex’s true income.

The expense of requesting in-depth discovery usually outweighs the benefit.  Most child support cases can be resolved through the mandatory exchange of Rule 1-123 information.

 

REQUESTING CHILD SUPPORT INFORMATION WITH A SUBPOENA

 

A subpoena is a formal request for someone to provide specific documents.  A subpoena can be used to request financial information from your ex’s:

• Current place of employment;
• Bank for banking records; or
• Loan applications that include financial information.

Subpoenas are rarely used to request financial information to calculate child support.  Like the discovery process, the cost of using a subpoena to request financial information usually outweighs the benefit of the information received.

The discovery process and subpoenas have drawbacks.  These two avenues of requesting financial information can greatly increase the cost of establishing or modifying child support.  Like other family law issues, parents that are requesting child support information need to beware of spending more money fighting over the issue than they reasonably can expect to receive.

 

(505) SANCHEZ EXPLAINS HOW TO REQUEST FINANCIAL INFORMATION FOR CALCULATING CHILD SUPPORT IN ALBUQUERQUE, NEW MEXICO

 

Are you a parent that is facing a divorce or separation in New Mexico?  For over a decade,  Matthew Legan Sanchez has handled child support cases all across New Mexico, including Albuquerque, Rio Rancho, Los Lunas, Belen, Gallup, Grants.  Speak with an experienced custody and divorce lawyer that knows New Mexico’s child support laws.  Talk to (505) SANCHEZ today.