After a child support order or custody/visitation order has been entered by the Court in New Mexico, either party can request modifications (changes) to the orders.
If you are requesting a modification of child support (either up or down), then the New Mexico Child Support Guidelines will generally apply. Changes in circumstances may allow you to modify child support. If the new support amount would be at least 20% higher or lower than the current child support payment AND at least one year has passed since the last support order was entered, then this could qualify as a “material and substantial change”. You must fill out the Child Support Worksheet (Form 4A-102 or 4A-103) to modify a child support order.
New Mexico favors “joint custody” when it comes to the children. Joint custody allows both parents to make legal decisions for the children (i.e. school, doctor, dentist, what activities children will participate in), spend time with the children, and be involved with raising the children. Joint custody does NOT necessarily mean that the children will spend equal time with each parent. Joint custody with equal time sharing is one option. There are other options for physical placement of children under a joint custody arrangement. A Judge will not order 50-50 placement unless recommended by a counselor or psychologist.
Sometimes parents find that their current child custody/visitation order is no longer workable. If that is the case, you may want to seek a modification to the current order. The Court may modify a custody order at any time. There are two ways that modifications can occur. The parents may agree to the modification anytime. If the parents agree to the modification, they can file a motion and proposed order, and the Court will review it before signing the order. If the parents do not agree, one parent can file a motion to modify, and the Court will make a decision.
