Child support is often the most contentious issue divorcing or post-divorce parents face in New Mexico. One parent may make more money than the other, parents may have entered new relationships or encountered unexpected expenses. What feels fair to one parent might feel unfair to the other.

Because of this, some parents ask if they can simply agree on the amount of child support owed, instead of following New Mexico’s Child Support Guidelines.

In some cases, parents can reach their own agreement on issues like visitation and custody. But remember child support is the child’s money, not the parents. As such, any agreement about support must still be approved by a New Mexico judge.

If the judge feels the parents aren’t providing enough support to meet the child’s needs, they can deny the agreement. Understanding when deviations are possible and what information you’ll need to provide can help parents prevent future legal battles.

How New Mexico Calculates Child Support

New Mexico uses statutory Child Support Guidelines to calculate support. They use an income-shares model that looks at both parents’ gross income, number of children involved, and parenting time split (custody). These figures are plugged into a formula that considers the cost of raising a child by family size in New Mexico. The formula also accounts for daycare expenses, health insurance premiums, and time spent during visitation. Child support calculations are updated annually to account for changes in living expenses.

The Guidelines are considered the baseline calculation for child support. However, the statute also recognizes that no formula can account for every family’s unique situation. Parents can request that the court order a monthly payment amount of more or less child support than the Guidelines recommend if they show a strict application would be unjust or inappropriate.

Reasons the Court Will Consider Deviating from Guidelines

Courts will entertain a request to modify an existing child support order if there has been a “material and substantial change in circumstances.” Examples include:

• Income of either parent has increased or decreased by a significant amount (raise or job loss).
• The cost of childcare has been updated.
• Modifications are typically reserved for cases where over a year has elapsed since the previous order was entered, or if the calculated amount has changed by 20% or more.

Some examples of when New Mexico courts may approve a child support order that differs from guideline calculations include:

• If the child has extraordinary medical, psychological, or educational expenses that must be addressed.
• The child has independent income or assets that can help support their care.
• Parenting time is seasonal or the parent’s income is unstable.
• There has been a significant increase or decrease in parenting time.
• There are children from another relationship who also need support.
• Parents have agreed to terms which are fair, reasonable and in line with the child’s best interests.

Keep in mind, just because parents agree to pay or receive a different amount than the guidelines recommend, the judge doesn’t have to uphold the agreement. The overlying concern is whether the child support is sufficient to care for the child.

What You Need to Know to Get a Different Amount Approved

Parents asking the court to deviate from standard child support calculations must disclose their finances. This includes recent paystubs, W-2s, tax returns and credit reports. Parents should also provide evidence of monthly expenses like health insurance premiums, childcare costs, or visitation transportation. If parents are requesting a deviation due to extraordinary circumstances, they may need to supply:

• Medical documentation from a doctor or therapist stating a child has special needs.
• Invoices from school or medical providers who charge for tutoring, counseling, or healthcare.

Parenting agreements typically require parents to complete a written parenting plan. They should also fill out a child support worksheet detailing how they arrived at their proposed number. When requesting a deviation from guideline amounts, it helps to explain why you believe the change is warranted. Remember: parents can agree to whatever amount feels fair to them, but the court must approve the order before it becomes legally enforceable.

How to Modify Child Support in the Future

In many cases, parents’ circumstances change after divorce. Perhaps you lost your job. Maybe your ex received a major promotion. Maybe you remarried or experienced unexpected medical bills. When these changes are substantial and ongoing, you can ask the court to modify your order.

Child support modifications can be requested any time there is a “material and substantial change in circumstances.” In practice, this means that either parent’s income has changed by 20% or more since the last order was entered. To modify child support, parents should:

• File a motion with the court.
• Provide updated financial information using affidavits.
• Prove that the change in income was not voluntary.

Parents who agree to the modifications can sign a stipulated order. This prevents the need for contested hearing.

Keep in mind that informal agreements between parents aren’t enforceable. If your ex agreed to pay less money because you lost your job, but later refused to abide by the agreement, you’d be responsible for making up the difference. To avoid confusion and costly enforcement measures, it’s best to get all modifications approved by the court.

Working Towards a Better Future

Parents can ask to deviate from New Mexico Child Support Guidelines, but the judge isn’t required to accept it. By providing complete financial disclosures and explaining why your proposed amount supports your child’s needs, you improve your chances of avoiding contentious court hearings.

If you and your ex are willing to cooperate and find compromises, you’ll likely have a stronger relationship after your divorce. For many parents, putting their kids’ best interests first means working together to craft a realistic plan that supports their future.

Contact Our New Mexico Child Support Lawyer

If you need assistance calculating child support or modifying an existing order, contact The Law Office of Anthony Griego LLC today to schedule a consultation. We’ll work with you to understand your goals and budget, prepare accurate financial statements, and fight for an agreement that protects your children’s future.

Call 505-508-3110 now to speak with a Albuquerque Child Support attorney at The Law Office of Anthony Griego LLC.