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The Child Support Process

| August 8, 2011

In New Mexico, child-support matters are fairly straightforward. Most matters can be handled in one hearing. However, in situations where child-support is claimed to be owed over a long period of time, where there are a lot of financial and other documents involved, where there complicated evidence issues, where somebody’s driver’s license has been suspended, or where one or both of the parties are self-employed, we strongly recommend that you hire legal counsel to assist you.

In order to calculate the child-support owing, the courts require the parties to prepare child-support worksheets which take into account the number of children, the number of days per year that the child lives with each parent, the gross monthly income of each parent, any work-related daycare expenses regarding the child, the costs of medical and dental insurance regarding the child. There is also a provision to include extraordinary expenses regarding the child, but the inclusion of these expenses is rare.

New Mexico child support guidelines are then applied to the information on the worksheet in order to determine the child support each parent is responsible to pay. Under New Mexico law it is possible to deviate from the child-support guidelines amount in cases of extreme hardship, or other unusual circumstances.

Child support in New Mexico generally continues from the time of the child’s birth until the child reaches the age of 18 or graduates from high school, whichever comes first. However, if the child is handicapped or has some other condition that can affect the child’s ability to seek and obtain and maintain employment, such as cerebral palsy or autism, child support and continue indefinitely into adulthood.

In most cases, child-support orders include an automatic wage withholding provision to facilitate the payment through the New Mexico Child Support Enforcement Division. We recommend to our clients that they always pay child support by check so that in the event there is later a dispute regarding payment, it is easier to prove. We do not recommend that our clients ever pay child support by money order or cash.

If a parent has the ability to pay, but nevertheless fails to pay child support as ordered by the court, the consequences can include driver’s license suspension, bank account garnishment, and state and federal tax refund intercepts.

In certain circumstances where a parent has been laid off and been unable to obtain full-time employment, we can often assist in obtaining a temporary reduction in the amount of child support due.

If you need to file a child support case to begin collecting child support from the father of your child, or if you’ve recently received notice from the New Mexico Child Support Enforcement Division regarding child support that they claim you owe, or if you’re having trouble collecting child support even though there is already an existing child support order, we recommend you consult with an attorney immediately to discuss your situation, explain the applicable law, and advise you of your rights. Don’t make the mistake of trying to do this alone because once it’s done, it’s done. Some mistakes can’t be fixed later.

You have a lot at stake. You need the right lawyer.

You need a Smart Aggressive Experienced New Mexico Child Support Lawyer that’s committed to you. An attorney who will fight to protect your rights, protect your property, and protect your children.

Remember: The lawyer you choose to represent you in court makes all the difference. The quality of your lawyer will affect the outcome of your case.

If you live in Albuquerque, Santa Fe, Rio Rancho, Los Lunas, or the surrounding area, offers free consultations, same-day appointments, reasonable fees, and payment plans.

Call them today at (505) 888-5200. With 25 years of courtroom trial experience, they can help you get the results you need. Guaranteed.

L A W Y E R   A D V E R T I S E M E N T

Category: Family / Divorce Law

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