When there are children from a marriage, child support is an important matter to be addressed by the separating parents. 

The parents’ joint legal responsibilities to care for and support their children remain and the child’s financial needs must be met according to the financial resources available to both parents. This parental obligation cannot be waived in New Mexico.

Child Support Guidelines help establish the amounts payable by one parent to another for the child’s upbringing—but how long must payments be made? When does child support end? Do you have to pay child support after 18?

A common misconception is that child support in New Mexico ends automatically when a child reaches 18. However, this is not necessarily the case, as you will see below…

When child support typically ends in New Mexico

As a general rule, child support typically ends when the child reaches 18 years of age (the age of majority in New Mexico) or graduates from high school (whichever is later).

For instance, if the child turns 18 in March but graduates from high school in May, child support would continue until May.

The legal term for a child becoming self-sufficient and no longer requiring support in New Mexico is “emancipation”. Despite the typical example above, child support emancipation may happen before or after 18, depending on circumstances.

A child in New Mexico is considered legally emancipated in one of three ways:

1. By court order
2. At the age of 18 (if he/she has graduated from high school)
3. At the age of 19 (if he/she has not graduated from high school)

However, a child may also become emancipated from child support by:

• Passing away
• Joining the military
• Getting married
• Becoming legally emancipated (demonstrating that they can support themselves)
• Removal from disability status by a court order

Main exceptions to the rule

Most parents in New Mexico can stop paying child support at or around the age of 18. In other cases, however, payments may continue well beyond that age. The main exceptions to the “18 or graduation from high school” rule are the following:

• Extended support for special needs children

• The court may order support beyond 18 if the child has a disability.

• • Written or verbal agreements between parents
    • Voluntary agreements to continue support (e.g., to support children through their years in college education).

• Delinquent child support payments

• • If back payments are still owed after the child turns 18, these must be paid to the recipient parent (under New Mexico law, the statute of limitations for collecting past-due child support is 14 years from the date the payment was due).

Because child support doesn’t automatically end at 18, as many parents think, it can create confusion and even disputes between parents. Speak to a qualified child support lawyer or divorce lawyer for legal advice if this is the case.

Can a mother cancel child support in New Mexico?

Neither the mother nor the father can unilaterally cancel child support obligations once they are established by court order. 

Modifying or cancelling child support

Any modifications to child support, including termination before the child becomes emancipated, require the prior approval of the New Mexico courts, even if both parents agree. Child support is the right of the child in New Mexico.

If the child becomes legally emancipated before the age of 18 or a substantial change in circumstances affects the child support requirement/obligation, a parent can petition the court to modify or cancel child support. To do so, a request must be filed with the court with proof that the support is no longer necessary. Without a court order confirming the modification or cancellation, the original obligation remains in effect.

Can a parent be forced to pay for college?

If the parents agree to fund the child’s college education, they can pay support voluntarily for this purpose. A signed agreement will allow the New Mexico courts to enforce it but, in most cases, this is not required as parents want the best education for their children.

However, sometimes there are disputes about who should fund the college education of a child. A parent may refuse to pay support after the age of emancipation.

Generally speaking, parents are not legally obligated to pay for their child’s college education in New Mexico or anywhere else in the U.S. There are, however, exceptions, such as when a judge orders it as part of a contested divorce settlement.

On the plus side for children whose parents do not offer support for college, New Mexico is a leader in tuition-free college, offering residents access to public universities and colleges without tuition fees. Various scholarships, grants, and financial aid programs also help to make college more affordable for New Mexico residents. 

What if the child moves out before turning 18?

Children under the age of 18 who move out in New Mexico can potentially be declared “emancipated minors” if they are at least 16, live separately from their parents, manage their finances, and the court finds that the arrangement is in their best interests. 

For this to be the case, a petition must be made to the court with supporting evidence demonstrating that the child is capable of self-sufficiency. If granted, emancipation will give the child the legal status of an adult for certain purposes, such as entering into contracts, managing finances, and making decisions about their life. 

Get help with child support in New Mexico

Parents should be clear on their financial obligations to their children, including when child support payments end.

Talking your situation through with a divorce lawyer at Legal Solutions of New Mexico can help facilitate a smooth child support process. Call 505-445-4444 or book a consultation.