As a parent, you probably have many questions about how it all works. Who pays what when things change, how you get the money, and so on. This guide provides a breakdown of the ins and outs, so you understand them. Get ready for some serious helpful info!
How Child Support Amounts Are Determined Based on Custody
First, the amount of child support depends on your custody arrangement. What matters here is the percentage of time your kiddos spend with each parent.
There are two standard setups:
Basic Visitation Schedule
In this situation, one parent has physical custody of the children. The other parent gets visitation time, but less than 35% of the time.
For example, the kids live with Mom except every other weekend and one evening a week with Dad.
Shared Responsibility
Here, your children live with each parent for at least 35% of the year. You both take on parenting duties, expenses, and all that jazz.
The kids might swap houses every few days or do week on/week off as long as they spend a reasonable amount of time in both homes.
How does the court use these custody arrangements to figure out a child support amount? Great question!
Calculating Support Amounts Using the Guidelines and Worksheets
The court starts with New Mexico's child support guidelines. Then, they use a worksheet to adapt those amounts to your situation.
There are two worksheets, depending on your custody setup:
- Worksheet A is for basic visitation. One home is the main household.
- Worksheet B is for shared responsibility. The kids split time more evenly between homes.
The court does the math using the guidelines, pops it into the correct worksheet, and boom - they've got your child support amount.
Want to estimate your potential amount yourself? The New Mexico courts have an online calculator you can play around with.
When the Court Can Deviate from the Guidelines
Now, the guidelines give a presumed correct child support amount. But sometimes, following them to a T would be unjust or cause substantial hardship.
If that's the case, the court can choose to deviate from the guidelines. But they must give clear reasons for why in written order.
Here are some examples of when a deviation makes sense:
- The guideline amount would seriously hurt you, the other parent, or the child.
- Following the guidelines just doesn't fit your unique situation.
The court takes a careful look at your circumstances and decides. Deviations don't happen every day, but they are possible when needed.
Modifying an Existing Child Support Order
What if you already have a child support order but want to change it? There are two options:
File a Motion with the Court. Draft up your request and submit it. You'll have to convince the judge that a modification is warranted.
Request a Change from the CSED. CSED is the Child Support Enforcement Division in New Mexico. Even if they recommend a modification, a judge must approve it.
Either way, you must show a "material and substantial change" in circumstances since the current order.
What does that mean? Great question again!
- You can request updated financial docs from the other parent each year. Review them to see if their situation has changed.
- The court assumes it's a substantial change if applying today's guidelines would alter the amount by 20% or more.
- It's considered substantial if it's been over a year since the current order went into place.
Lastly, either parent can ask the CSED to review the order every three years. To reassess if adjustments are needed.
How Child Support Payments Are Made and Received
Now, on to the nitty-gritty of getting payments to the right place. Many child support orders require automatic income withholding.
Automatic withholding means the payments are taken directly from the paying parent's paycheck. Then, they go to the CSED, which distributes them.
If a parent is unemployed or self-employed, they can make payments online through New Mexico's Child Support Portal instead.
On the receiving end, you have options for how you get the child support funds:
- CSED can make a direct deposit into your bank account. Fast and easy!
- Get a prepaid debit card from CSED that the payments go onto.
- In limited cases, they'll mail you a check. But heads up - this usually takes longer.
There you have it. It is a fact that there was a lot of info, but ideally, it helps clarify the process and your rights as a parent. Let the Law Office of Anthony Griego know if you have any other questions about New Mexico child support laws and how to apply or discuss hiring us to help you get your child support.
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.
