When it comes to a divorce or separation, fewer issues are more hotly contested than matters concerning child support. New Mexico courts will establish a series of rules and regulations that are to be followed by both parties. These rules govern:
- Who pays the support
- The amount to be paid
- The schedule of payments
Payment of child support is usually paid by the non-custodial parent to the custodial parent. If you want a different arrangement or any changes to the court’s decision, a family law attorney can help you get your voice heard in court.
Requesting Child Support
The average child support case is New Mexico will begin with the submission of an application to the Human Services Department. Otherwise, the order will be established by the court of law during a legal proceeding, such as a divorce. The amount to be paid is determined by a mathematical formula that takes a variety of factors into account. These factors include:
- The child’s needs
- Gross Income of both parents
- Who has physical custody
The gross income actually refers to the full income of an employed parent or the potential income of an unemployed parent. This means that the income affected can include:
- Capital Gains
- Disability Insurance Benefits
- Prizes and Alimony
- Social Security Benefits
- Trust Income
- Unemployment Insurance Benefits
- Workers’ Compensation Benefits
- Severance Pay
- All other items of value
A judge will then approve the amount and the matter will become legally binding for all parties involved.
The Basics of New Mexico Child Support
To begin, both parents are involved in determining how much child support is paid and to whom. The proceeding payments are then done in order to cover the child’s many basic needs, and any special ones they have. These expenses include:
- Child Care
- Medical Needs
The party that pays for child support may also need to pay for any expense that come with visitation or time-sharing. They will need to continue paying for child support until the child turns 18, 19 if they still attend high school. Child support will be indefinite if the child in question is unable to support themselves due to a disability that either affects them mentally or physically.
Penalties of Not Paying Child Support
If child support is not paid, then the offending party will be charged with contempt and the state of New Mexico will take action. The money will be taken in a variety of ways, the court could seize it from bank accounts, file a lien, lower tax refunds, or even garnish wages. The penalties increase over time, these include a warrant issued for arrest, fines, jail, loss of passport, suspension/revocation of various licenses, or a combination of all of these.
Legal Solutions of New Mexico Serve Clients in Albuquerque, New Mexico and Surrounding Areas
A child support attorney will work with you in family court to provide you with a chance to more effectively voice your opinion in court. We will overview the case and work to strengthen your side in order to increase your chances of reaching the outcome you desire. A child support lawyer will handle the many different matter of your case, which can be a key factor when it comes to family court. One mistake could make a huge difference in the New Mexico court of law, and we are here to keep your case organized and understandable. Legal Solutions of New Mexico Attorneys of Law are here for you, and will fight for your rights today.
Call Legal Solutions of New Mexico today to discuss:
- Premarital Agreements
- Postmarital Agreements
- Property Division Agreements
- Paternity Actions
- Spousal Support
- Child Custody and Visitation
- Guardian ad Litem
- Kinship Guardianship