Let's be honest: raising kids alone isn't easy. As a single parent, you have enough on your plate without stressing over how to pay for everything your child needs. However, getting consistent child support can make a huge difference.
This process can feel intimidating and confusing, especially if this is your first time doing it. But don't worry!
Let's walk you through everything you need to know to get the financial support your kid deserves here in New Mexico.
When Do I Need to Apply for Child Support?
You're in luck if you and your child's parents are married and now divorcing. Child support is part of the divorce, so you won't have to file a separate application. The court will issue a child support order simultaneously with the final divorce decree.
But if you and the other parents were never married, you'll have to act on your own to get child support. In that case, you must apply to the New Mexico Human Services Department's Child Support Enforcement Division (CSED).
Before you apply, there's one other important issue that must be handled—establishing paternity. If the other parent is trying to deny they are biologically related to your child, you'll have to take legal steps to establish paternity first. More on that later!
How New Mexico Calculates Child Support Payments
Regarding the actual amount the other parent must pay in child support, New Mexico uses child support guidelines and formulas to create a uniform payment schedule. Here's how it works:
Step 1: Figuring Out Each Parent's Income
The first step is calculating both parents adjusted gross income (or AGI). The calculation includes pretty much all income from any source, like:
- Salaries and wages from jobs
- Bonuses
- Money made from renting out property.
- Pension payments
- Trust fund income
- Social Security benefits
- Workers' compensation
- Unemployment benefits
- Disability insurance
- Cash gifts and prizes.
Some sources of income that don't count include:
- General assistance funds
- Any public benefits the child receives.
- Child support a parent gets for other children.
Step 2: Dealing With Underemployment
Sometimes, the other parent may be deliberately underemployed or unemployed to avoid paying child support. That's not cool.
If this happens, the court can "impute" income to that parent. "Impute" means assuming an income level equivalent to the amount the parent could earn based on their qualifications and experience.
For parents with little or no work history, the court may impute minimum wage in the local area.
Step 3: Calculating the Basic Combined Obligation
Once the court knows each parent's income, the next step is calculating the basic combined child support obligation.
To do this, the court adds both parents' incomes together. Then, they use the total household income to determine the amount of support owed in the New Mexico Child Support Schedule.
Next, each parent pays their fair share of that total obligation based on the percentage of their combined income.
For example:
- Parent A earns $4,000 per month.
- Parent B earns $2,000 per month.
- Their combined income is $6,000 per month.
- Parent A earns 67% of the combined income ($4,000 / $6,000)
- Parent B earns 33% of the combined income ($2,000 / $6,000)
So, Parent A would pay 67% of the total child support owed, while Parent B would pay 33% of the total.
Additional Child Support Adjustments
Besides the basic obligation, the court may adjust the final child support order to account for other monthly expenses related to raising your child.
Paying for Health Insurance
Each parent must contribute their fair share toward their child's health and dental insurance premiums. Their share is calculated based on their percentage of the total income.
Help With Childcare Costs
If you have work-related childcare costs, each parent may again have to pay their percentage based on income. This expense can add up, so bring it up!
Extra Expenses
The court can also factor in things like:
- Uninsured medical, dental, or counseling expenses over $100 per kid per year
- Educational expenses like private school tuition
- Transportation costs related to long-distance visits.
So make sure to mention any big-ticket items like these.
What If Paternity Is Disputed?
The court needs to determine paternity. Paternity is confirmed quite often through laboratory testing before you can get child support. If the other parent denies they are the biological father, you have a few options to establish paternity:
- File a paternity suit and let the court order genetic testing to confirm.
- Ask the other parent to sign a voluntary acknowledgment of paternity.
- File for child support and force the other parent to challenge paternity in court (risky move!)
Getting a paternity test is usually the fastest and most definitive way. Don’t let the child’s father to worm their way out of their responsibilities—make them step up!
Final Thoughts
This article contains a ton of information to process! But now you've got all the inside knowledge you need to tackle getting child support in New Mexico.
Here are some key takeaways:
- If divorcing, support will be ordered as part of the case. If you have never married, apply through CSED.
- Settle paternity first if disputed.
- Gather docs for calculating AGI like paystubs, benefits letters, etc.
- Be prepared to argue against underemployment or imputing minimum wage.
- Use the Child Support Schedule to estimate the basic obligation.
- Bring up childcare, medical, and other extra costs.
- Don't let them weasel out of paternity testing if they challenge it!
Stay strong and keep your kids' best interests at heart. You and your little ones deserve the help; it is the law.
Disclaimer: The information provided on this blog is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are complex and subject to change. As such, it is imperative to consult with a licensed attorney regarding your specific legal situation. No action should be taken in reliance on the information contained on this blog.
