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New Mexico Child Support Guidelines

Neither divorce nor separation will ever be easy. Once parents decide to split, they must determine who will have custody of the children and how child support is to be paid.

Joint custody is the most common arrangement. In New Mexico, a child support order establishes which parent is to pay child support, the amount to be paid, when payments are to be made, and who is to receive the payments.

How to Request Child Support in New Mexico

Although a child support order may be established in a legal proceeding such as a divorce, most child support cases begin with an application that is submitted to the Human Services Department. Child support is then determined based on a mathematical formula and a number of additional factors such as the parents' gross income, who has physical custody of the child, and any special needs.

Once the calculations are complete, a judge issues a child support order.

New Mexico Child Support Guidelines

The following table outlines New Mexico's child support guidelines:

Code Sections

  • Basics on child support can be found in New Mexico Stat. section 40-4-7
  • Guidelines for establishing/modifying child support are at section 40-4-11.1 et seq.

Who Is Responsible?

Both parents (see section 40-4-11.1 et seq.)

How Is Support Calculated?

Calculated based upon a percentage of the combined gross income of both parents after applying appropriate deductions.

What Is Included in a Support Order?

See section 40-4-11.1 et seq. for a complete list that includes:

  • Basic support expenses such as food clothing and shelter
  • Health and dental insurance
  • Work-related child care
  • Extraordinary medical, dental, and educational expenses
  • Transportation and communication expenses necessary for long-distance visitation or time-sharing

How Long Must a Parent Pay Child Support?

Until the child turns 18 or 19 if the child still attends high school. Child support continues indefinitely if the child cannot support themselves due to a physical or mental disability.

Penalties for Nonpayment of Support

The parent may be charged with contempt and the court may issue an order for wage garnishment. It may also seize money in bank accounts or federal and state tax refunds, or file a lien on property to help pay for child support arrearages.

Local Resources

New Mexico Human Services Department

New Mexico Child Support Enforcement Division

New Mexico Child Support Worksheet

New Mexico Child Support Guidelines: Related Resources

Child support guidelines can be confusing. If you would like legal assistance with a child support matter, please contact an experienced New Mexico family law attorney. You can also visit FindLaw's sections on Child SupportChild Support Modification, and Child Support Enforcement for more articles and information on this topic.

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