New Mexico Child Support Guidelines
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 31, 2023
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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 |
|
|---|---|
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:
|
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 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 Support, Child Support Modification, and Child Support Enforcement for more articles and information on this topic.
Next Steps: Search for a Local Attorney
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