Child support is one of the largest parental obligations. But when life happens, and there are financial struggles or changes in income, or some other type of unexpected challenge, these payments become burdensome.
If you are behind on child support in New Mexico, you should understand your rights and what the law says.
Child Support in New Mexico
In fact, “Under established New Mexico law, a natural parent is obligated to support his children”.
If parents are divorced or separated, the non-custodial parent generally pays child support to contribute toward the upkeep, medical, educational, and other needs of the child.
These amounts are usually determined based on factors such as the income of the parent, number of children that are supported and custody. But realistically a person’s finances aren’t permanent. But what if your conditions change and you can’t honor your obligations?
If one gets behind on payments, there can be legal ramifications, but there are solutions to that issue.
What Happens If You Stop Paying Child Support?
Child support is also your responsibility as a parent. Missing payments can be scary, but avoiding the situation can create major consequences for almost all parts of your life.
It is important to know these ramifications not just to remain within the bounds of legality, but to have options for financially struggling individuals to do so responsibly and legally.
Consequences of nonpayment of child support in New Mexico include:
- Contempt of Court: Child support orders are legal mandates and you can be held in contempt of court for violation. This may result in fines, a suspended license and/or jail time.
- Wage Garnishment: If you are not paying voluntary, the court could grant an order for you to receive a direct wage garnishment from your employer for child support payments.
- Tax Refund Interception: Both federal and state tax refunds are subject to interception for child support arrears.
- Property Liens and Credit: Failure to pay child support can cause liens against your property or place adverse information on your credit, potentially affecting your ability to obtain loans or credit in the future.
- License Revocations: Not only could your driver’s license be revoked, but you could also lose your professional, recreational and hunting licenses if you are substantially behind.
This is not only punishment but steps to ensure that children receive financial support. Which to be clear, if you are truly having a difficult time paying, there are measures that can be taken in advance to address this legally and upfront.
What to Do If You Can’t Afford Your Child Support Payments
Economic stress is simply about money; it can be a stressful and difficult. It is important to know you are not alone and there is help. You can take action to seek a resolution that respects your obligations and allows you to overcome your financial issues. Financial hardship is common in our society, and New Mexico courts understand that life circumstances change.
If you are having difficulty “keeping up” with your child support payments, do not delay and follow these steps:
Talk to The Other Parent: Speak to the custodial parent about your circumstances. Though casual agreements are no replacement for courts’ orders, candid discussion can at least minimize some resentments, and perhaps achieve a resolution without acrimony.
Pursue a Child Support Modification – The New Mexico Family Court permits modifications of child support orders in certain situations. Examples of situations in which changes are contemplated are:
- Loss of income such as through job loss or medical emergency
- A modification of custody or time with each parent
- Higher costs relating to the child, like medical or educational costs
- A gross monthly income of the parent who is paying that changes by 20% or more
Important: Courts do not automatically revise your obligations because you lost your job or are otherwise financially struggling. You would need to request a modification.
Here’s how to request a change:
- Collect documentation, for example of changes in income, medical bills, or custody agreements
- Go to the New Mexico Family Court and complete the appropriate forms: Make your argument before a judge as to why your child support payments should be altered. An experienced family attorney can help smooth this process and increase your likelihood of success.
- Try Mediation: If you are struggling to achieve a formal renegotiation of child support, mediation may be a useful option for you and your spouse. An effective mediator should keep the best interests of the child as the focus and find a compromise that is acceptable to all.
- Seek Financial Help: If you fear short term financial issues then you should seek financial assistance programs to help you through. This won’t eliminate your child support obligations but it can provide temporary help while you deal with the larger issues.
- Consult a Child Support Lawyer: It can be overwhelming trying to decipher child support laws and the process for modifications. This is why obtaining the help of a skilled child support attorney is so important. They will help you navigate the legal process, advocate for your needs, and arrive at a fair and sustainable conclusion.
The financial and emotional impact of these situations is something we understand at The Law Office of Anthony Griego, LLC. Our child support lawyers have more than 15 years of collective experience and can help you and your family reach the best outcome possible.
Commonly Asked Child Support Questions
What if I Lose My Job and Can’t Make Payments?
If you become unemployed, then file for a modification of child support immediately. Under New Mexico law, for example, a child support order can be modified when there are “changed circumstances” such as when a parent loses his or her job. There are consequences for overlooking the matter.
Can I Stop Paying If I File for Modification?
No. You must continue to pay the amount ordered in your current support order until the court authorizes a modification. Even if you were attempting to get a modification, missing payments might have grave ramifications.
Will the Court Reduce My Payments Automatically?
Nope. You must essentially show to the court that your financial situation has drastically altered. That is to say, provide proof of your need, such as copies of tax returns, pay stubs, medical bills, etc.
Can the Other Parent Dispute My Modification Request?
I do. The custodial parent then may contest your petition for the change. Both arguments would be heard by the court and a determination made in accordance with the best interests of the child.
What if I Can’t Pay the Back Child Support I Already Owe?
If you have missed payments (arrears), the court will probably permit you to establish a payment schedule. But this should be dealt with before it becomes an issue – ignoring debts leads to major consequences.
Protect Your Family and Financial Future
If you have fallen behind on your child support payments this can be an anxiety provoking situation; but there are legal remedies which can assist with this.
You can fix everything by being honest and seeking the proper accommodations and having an experienced attorney you don’t mortgage your family’s financial future.
The Law Office of Anthony Griego LLC is highly experienced in family law cases such as child support modifications and disputes in New Mexico.
If this feels overwhelming, please call us at 505-505-3110 or contact us online to explore your options. We are here to make sure that your rights and your child are protected.
