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The time that it takes to finalize a divorce can vary dramatically from one case to the next. The road from separation to a final decree of dissolution of marriage can take several days, or it can take several years.
In situations where the parties are separated for extended periods of time bills still need to be paid and therefore community income needs to be distributed, putting both parties on an equal playing field until the divorce is finalized.
Although separated, parties are still legally married until the divorce is finalized. As such, any income and expenses that the couple accumulates during this period is still community property that must be equally divided. In other words, from the date of separation to the date of divorce the court can split and equalize the income and expenses accumulated by the couple, providing support for either party when the court deems the support to be just and proper.
Interim Support and Alimony are similar in nature. Interim Support is support that one party pays the other party while the divorce is pending. Alimony is support that one party pays once the divorce is finalized.
Now back to Interim Support.
NMSA 1978, § 40-4-7(A) and NMRA 1-122 provide New Mexico courts with the power to divide income and expenses between the parties, awarding Interim Support until the divorce is finalized.
New Mexico courts determine the necessary level of Interim Support by completing an Interim Monthly Income and Expense Statement. This Statement calculates the appropriate level of support by considering each of the following factors: (1) Total Gross Monthly Income, (2) Total Payroll Deductions, (3) Net Monthly Income, (4) Total Fixed Monthly Expenses, (5) Net Spendable Income, (6) Number of Children [if any].
The first element considered by the court is each party’s Gross Monthly Income. Gross Monthly Income is the total income that each party receives from all sources except child support received from a prior court order.
The Court takes the Gross Monthly Income, deducting any Payroll Deductions such as: (1) Federal & State Withholdings, (2) FICA, (3) Medicare, (4) Health Insurance, etc.
Net Monthly Income is the income left over when Payroll Deductions have been subtracted form one’s Gross Monthly Income.
The Court then takes the Net Monthly Income, deducting any Monthly Fixed Expenses, which are regular and fixed expenses such as: (1) Residence, (2) Utilities, (3) Car Payments, (4) Insurance Premiums, (5) Credit Card Payments, (6) Child Care, (7) Phone, etc.
Any money that remains after deducting Monthly Fix Expenses from Net Monthly Income is considered Net Spendable Income. This figure tells the court how much disposable income each party has available each month. If the number for the couples’ combined Net Spendable Income is positive, then the party with the larger Net Spendable Income will transfer an equalizing amount to the party with the smaller Net Spendable Amount. If the number is negative then no money will be exchanged. Generally speaking, the court does not award Interim Support when both parties are left with a negative, or minimal amount of Net Spendable Income.
Essentially, the Court equalizes the couples’ Net Spendable Income, in order to put both parties on an equal playing field.
When children are involved, an additional amount is awarded to the parent that is the primary care-giver, and therefore has a greater percentage of timesharing with the child(ren). With one child the court adds an additional 10%. Two children is an additional 15%. Three children is an additional 19%. Four children is an additional 22%.
All of the figures listed above are considered within the Interim Monthly Income and Expenses Statement to calculate the appropriate level of Interim Support.
As you can see, Interim Support is based on a number of factors that are addressed above. Although the formula itself is relatively straight forward, interim support is one of the more contentious issues within a divorce, based on the number of factors that must be verified before reaching a final number. It is very common for the parties’ to disagree on each of the individual factors listed above – with both parties’ potentially presenting income and expenses sheets that contain wildly different figures.
A sample Interim Monthly Income and Expenses Statement can be found by clicking here: Sample Interim Monthly Income and Expenses Statement.
I’ve used hypothetical numbers within the attached Income Statement to give each reader a better understanding on how all of the factors above work together – leading to a final number.
Play around with the numbers for yourself to determine the appropriate level of Interim Support based on your particular income and expenses. At the same time, bare in mind that each figure used to determine interim support is a potential source of disagreement and litigation.
(505) SANCHEZ IS HERE TO ANSWER ALL OF QUESTIONS ABOUT INTERIM SUPPORT DURING A DIVORCE IN ALBUQUERQUE
Do you still have questions regarding interim support during a divorce in Albuquerque, New Mexico? Divorce cases often require the experienced hand and knowledge that comes with years of courtroom practice. Matthew Legan Sanchez has the real world experience needed to handle your unique case. Sanchez can be reached by calling (505) SANCHEZ.
Interim support during a divorce in Albuquerque, New Mexico
