Lowering Child Support in Albuquerque
REDUCING CHILD SUPPORT BASED ON REDUCED INCOME IN NEW MEXICO
No one is free from the Wheel of Fortuna’s fickle wrath – one moment you’re on top of the world – kissing your biceps for reporters, being fined thousands of dollars for showboating, and then the next moment you’re unemployed, unable to meet your child support payments, and all but two of your properties are either for sale, or under foreclosure.
This week the Wheel of Fortuna began spinning out of control for Terrell Owens. On Wednesday former NFL superstar, Terrell Owens, was in a California Family Court attempting to reduce his child support payments claiming that he’s unemployed and penniless.
This isn’t Owens’ first encounter with Family Court. In early November a California Judge held Owens’ in contempt of Court for his failure to appear on his own motion to modify child support, when Owens’ claimed an inability to meet his present child support requirements based on his present income.
You see, Owens’ present child support payments are based on his past income, when his star was at its pinnacle, playing for the Dallas Cowboys and earning $11 million per season. Fast forward four years and Owens’ is out of the league, unemployed, and reportedly broke.
LOWERING CHILD SUPPORT IN NEW MEXICO BASED ON REDUCED INCOME
In New Mexico child support is regulated by the New Mexico Child Support Guidelines, and both parents have a duty to support their children. Child support is calculated based on the number of children at issue, the amount of time the children spend with each parent, the gross incomes of both parents, work-related childcare expenses, and the cost of medical care for the children. The obligation to pay child support continues from birth until a child turns eighteen, or until that child turns nineteen in the event that the child is still in highschool – unless the child is emancipated, or joins the military. Lastly, parents cannot waive the right to child support, because the right rests with the child.
A child support worksheet is provided by the New Mexico Courts to give parents a rough idea of the child support that one would owe, based on the factors described above – http://www.nmcourts.gov/cgi/prose_lib/index.htm
But rolling on with our topic, once child support has been established the child support statute permits either parent to Motion the Court to modify the child support payments, provided that the parent asking the Court to modify the requisite payments can demonstrate a material, or substantial change in circumstance.
LOWERING CHILD SUPPORT BASED ON A MATERIAL CHANGE IN CIRCUMSTANCES
Generally a parent has two paths to demonstrate such a substantial change in circumstance. The first path is the path being journeyed by Owens – which requires a parent to demonstrate that their income has changed to such a degree that one’s child support payments will increase or decrease by at least 20%. In Owens’ case he is arguing that his income has decreased dramatically, from $11 million dollars, to essentially zero now that he is unemployed.
HOW DO NM COURTS CALCULATE CHILD SUPPORT WHEN A PARENT IS UNEMPLOYED?
In New Mexico, when a parent is unemployed the Court will generally calculate that parent’s income at minimum wage – or $1,574, per month. Additionally, one’s potential income can be considered by the Court when one parent claims that the other parent is either intentionally unemployed, or underemployed. Regarding Owens’, in New Mexico, the Court would likely rule that Owens’ potential income is far greater than minimum wage – $1,574 – but less than $11 million, setting the amount at a fair median based on his earning potential, business ventures, and any other derivative income.
The other path one can travel to modify one’s child support payments is a change in the time-sharing or visitation schedule that significantly affects the period of visitation one parent has with the child or children.
(505) SANCHEZ HELPS NEW MEXICANS UNDERSTAND LOWERING CHILD SUPPORT IN ALBUQUERQUE BASED ON EARNING LESS MONEY
Are you interested in lowering your child support in Albuquerque because you are earning less money? Matthew Legan Sanchez is a Bernalillo and Sandoval county child support attorney that can help you understand New Mexico’s child support regulations and rules. Sanchez can be reached by calling (505) SANCHEZ.
Lowering Child Support in Albuquerque
