New Mexico has adopted the Child Support Guidelines set forth at NMSA 1978 § 40-4-11.1(B), and the courts assume that the guidelines are correct.
There is a rebuttable presumption that child support should be paid in the amount established by the guidelines, which means the court has little discretion in determining the amount of child support to be paid.
How is Child Support Calculated in New Mexico?
New Mexico child support is calculated based on the income of the parents and the custody and visitation schedule that results from the divorce. Child support laws in New Mexico are enforced in order to spread out the responsibility for the financial care of the children based on how much time each parent is responsible for the children.
Two scenarios usually occur. In the first scenario, one parent has “primary physical custody” or is the “custodial parent” and the other parent has visitation that amounts to spending less than 35% of the children’s lives as the responsible or caretaker parent.
In the second scenario, the parents share an equal or nearly equal period of time as responsible or caretaker parents (at least 35%) and are joint custodians.
While each scenario calls for somewhat different analyses by the court, in either scenario, as a rule of thumb, the parent who spends the smaller percentage of time in visitation or responsible caretaking time is likely going to end up paying child support because that parent is not physically around as much as the other parent to provide for the children’s well-being.
Income Used To Calculate New Mexico Child Support
The amount of that child support will take into consideration the income of each party, including any spousal support that a parent pays or receives.
For purposes of the New Mexico child support calculation, income is defined by § 40-4-11.1(C) as the actual gross income of a parent if employed to full capacity or potential income if employed or underemployed.
What constitutes attributable income is also defined, as well as what things are excluded from income, when imputation of income can occur, and the nature and extent to which child support can be modified, will be examined in greater depth in future articles on this website.
New Mexico Child Support Lawyers
If you are facing divorce in New Mexico, you should contact a New Mexico child support lawyer to ensure your rights are protected. Cordell & Cordell Albuquerque divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-323-7529 to schedule an appointment. Be sure to check out our New Mexico Resources page for additional information.
New Mexico child support is calculated based on the Child Support Guidelines and one of two Worksheets.
One worksheet (“Worksheet A”) is used when there is a child custody arrangement where one parent is the primary custodian, and the other parent has the children less than 35% of the time, which is counted by 24-hour days.
The other worksheet (“Worksheet B”) is used when the parents are exercising a more equal or shared custody arrangement, and each parent has the children more than 35% of the time, again counted by 24-hour days.
The separate worksheets apply a specific set of calculations meant to distribute the responsibility for supporting the children equally between the parents based on how often each parent has the children.
The base level of support that the Guidelines indicate is needed for the care of the children is allocated between the parents based on each parent’s respective percentage of the gross monthly income that he or she contributed to the family.
Credit is then given to each parent based on the percentage of time that they spend with the children. Credits and/or deductions are given to the parents based on who is paying childcare expenses, health insurance premium, and other allowed expenses.
What results are two separate “amounts” of responsibility, one for each parent, that, when compared, allow the parties to determine who should pay child support, and in what amount.
Child Support Guidelines Thought Process
It is possible, therefore, that even if parents are sharing completely equal time with the children (182.5 days each) one parent may end up paying child support if that parent makes more money than the other parent.
This seems reasonable because the purpose of child support is to spread the responsibility for the financial care of the children based on how much time each parent is responsible for the children and based on the income contribution that the parent can make.
As a rule of thumb, the parent who spends the smaller percentage of time in visitation or responsible caretaking time is likely going to end up paying child support because that parent is not physically around as much as the other parent to provide for the children’s well-being.
However, even in a shared custody arrangement, if one parent has the greater income to pay for the support of the minor children, then that parent may very likely end up paying some amount of child support.
New Mexico Child Support Lawyer
If you are facing divorce in New Mexico and have questions concerning child support, you should contact a New Mexico child support lawyer to ensure your rights are protected.
Cordell & Cordell Albuquerque divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-323-7529 to schedule an appointment.
When a New Mexico divorce is finalized, the custody of the minor children is established and a parenting plan is adopted by the court.
The New Mexico custodial arrangement and parenting plan sets forth the responsibilities of each parent and provides a framework under which the parents will act in the raising and care of their children. The standard that is followed in determining custody and visitation in New Mexico is the “best interest of the children.”
The best interest of the children might require a joint custody arrangement, where the parties co-parent the children and play substantially equal roles in the children’s lives, or a sole custody arrangement, where one parent is the custodial care giver and the other parent spends parenting time with the minor children.
The most important goal for parents to aspire to for purposes of custody is to be able to co-parent with each other, for it is one of the single most important factors in a child being able to more easily adjust after the divorce is final.
Because of this, New Mexico courts operate under the presumption that a joint custody arrangement is in the children’s best interest, and once this is established, the only way to modify that custodial arrangement is to show a “substantial and material change of circumstances affecting the welfare of the child, such that joint custody is no longer in the child’s best interest.” Jaramillo v. Jaramillo, 113 N.M. 57, 61, (1991).
New Mexico Child Custody Factors
New Mexico courts consider the following five factors in a custody decision:
the wishes of the parents;
the wishes of the child if the child is 14 years of age or older;
the relationship that the child has with the parents, siblings, and other people who affect the child’s best interest;
how the child has adjusted to his current custodial environment; and
the mental and physical health of the parents, child, and other involved individuals. See NMSA § 40-4-9.
In addition, nine other factors are considered when determining joint custody in New Mexico:
whether there is a close personal relationship that the child has established with one of the parents;
whether each parent is capable of providing adequate care for the child throughout each period of responsibility;
whether each parent is willing to accept all responsibilities of parenting and will be able to accept care at specified times and relinquish care to the other parent at specified times;
whether the child can best maintain and strengthen a relationship with both parents through predictable, frequent contact and whether the child’s development will profit from the involvement and influence from both parents;
whether each parent can respect the other parent’s rights and responsibilities and the ability to spend time with the child without intrusion and without infringing privacy;
the suitability of a parenting plan for the implementation of joint custody;
geographic distance between each parent’s residence;
the willingness or ability of the parents to communicate and agree on issues regarding the child‘s needs; and
whether an adjudicated history of abuse has occurred at the hands of a parent against the child. See NMSA Sec. 40-4-9.1 (B).
With regard to the determination and modification of the parenting time afforded a parent, the courts also tend to look at what is in the best interests of the children and often drawn upon the above factors relating to custody, but there is no specific list of items that the court is expected to refer to in making these determinations.
Can The Child Make The Custody Decision?
It is important to note that the wishes of the child are required to be considered if the child is age 14 years or older. It is one of many considerations that a court will make, and parents should take caution to not pressure the minor child to “make a choice between mom and dad.”
Keeping in mind that the child is the innocent bystander in the divorce will go a long way to helping the child to better adjust and cope with the new life and emotions that he or she will inevitably be faced with both during and after the divorce.
New Mexico Custody Lawyer
If you are facing divorce in New Mexico, you should contact a New Mexico custody lawyer to ensure your rights are protected. Cordell & Cordell Albuquerque divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-323-7529 to schedule an appointment.
For clients navigating the divorce process, it can be challenging to fight for what you believe is fair for yourself and your children. Cordell & Cordell recognizes the unique complexities clients face, which is why we work to represent clients at every stage of this process. By understanding New Mexico family laws on divorce and custody, you gain the knowledge you need.
Below are some resources for New Mexico family law you can use about the divorce process. We encourage you to contact your divorce attorney to create a strategy that’s applicable to your situation.
The New Mexico divorce process, called a Dissolution of Marriage, requires the following:
One party files a petition with the district court in the county where they live requesting the dissolution of marriage. It may also be filed in the county the spouse lives in if it is in a different county. The question of which county to file in should be considered as there may be advantages to one over the other. Copies of the petition must be served on the spouse as well.
Both parties do not have to agree on the divorce.
When applicable, decisions about property division, child custody, child support, and spousal support are negotiated with the settlement reflected in a Marital Settlement Agreement and a Parenting Plan. If that does not happen, a trial is held for a judge to rule on these issues.
During the divorce process, there may be specific issues that arise that would require a series of court appearances, where these matters are resolved.
At the conclusion of the matter by either settlement or a trial a judge issues the dissolution of marriage, ending the marriage officially.
Requirements to File For Divorce in New Mexico
Either party must have resided in the state for at least six months immediately preceding the date of filing.
Members serving in any military branch of the U.S. government who have been continuously stationed in any military base or installation in New Mexico for six months may also file for divorce in the state.
Any member of the military who was a resident in New Mexico for at least six months immediately prior to their spouse’s entry into any military branch of the United States government may also file for divorce in New Mexico.
On the petition of either party to a marriage, a district court in New Mexico may decree a dissolution of marriage on any of the following divorce grounds:
New Mexico is a community property state. That means all debts and assets acquired during the marriage are divided equally. To achieve this, accurate values for assets and debts are calculated and then divided evenly. This includes all assets of value, including retirement accounts, savings accounts, real estate, cars and other personal property.
In situations where one spouse wants to keep one type of asset, they must buy out the other party. That includes the marital home. Sometimes this can be resolved by offset with another asset.
Separate property typically includes:
Property one party inherited;
Property one party purchased prior to the marriage;
Gifts given to one spouse; and
Pain and suffering damages.
There are situations where separate property may become community property. Specifically, it becomes community property when it is commingled with community property, and there is no simple way to trace it. If one spouse brings money into the marriage and puts it into a joint savings account, with both spouses’ names on it, and the value of the account grows over time with additional funds added, it may be considered community property. This is called transmutation where the character of the property is changed from separate to community.
In New Mexico, child custody is determined based on what is in the best interest of the child. Section § 40-4-8 et. seq. of the New Mexico Statutes address custody. The areas encompassed by custody are legal custody and timesharing. The presumption in New Mexico is that joint legal custody is in the best interests of children such that both parents are involved in the major decisions of a child’s life. These areas of joint decision making are:
Medical and Dental providers
Education
Childcare providers
City and state of residence
Extracurricular activities.
Timesharing is the amount of time the child spends with each parent. New Mexico courts routinely have shared responsibility arrangements where parents each have significant periods of time. These joint physical custody arrangements are common when parents can collaborate and work effectively in co-parenting. If the child is 14 years or older, the court shall consider the child’s desire of where he or she wishes to live. Other factors the court considers in crafting a timesharing schedule include:
Each parent’s wishes
The interaction and relationship of each parent with the child and siblings
The child’s current adjustment to home, school, and community
The mental and physical health of the child
Each parent’s willingness to cooperate
Any history of violence, substance misuse, or abuse
Parent work schedules
Sole custody, while legally available, is not commonly used and does vest one parent with all the decision making power and sets a reasonable visitation schedule in the best interests of the child.
In New Mexico, the court expects both parents to contribute to the child’s needs. Under NMSA 40-4-11.1 – Child Support Guidelines, child support is money one parent pays the other to help with the cost of raising that child. As noted by the State of Mexico, the following factors determine how much one parent pays the custodial parent:
The gross income, before taxes, for each parent;
The number of children;
The time each parent spends with and is responsible for the child;
Any court-ordered child support paid by either parent to another family;
Work-related childcare costs;
Medical insurance costs;
The New Mexico Child Support Guidelines
In 2024, a modernization of the child support guidelines was issued by the state, allowing for the support of non-custodial and custodial parents. The changes consider more current economic data on the cost of raising a child and introduced a self-support reserve for paying parents.
The new guidelines do not change existing child support orders, but in situations where modifications occur, those earning less may pay less. The guidelines consider the current labor market and remove the required $5-per-month payment for children covered by Medicaid or other public insurance programs. The guidelines aim to make it easier to ensure that both parents are paying fairly toward the child.
New Mexico awards spousal support based on the need of one party and the ability to pay of the other. To receive spousal support, or alimony, one spouse must request it and justify its need. They must note whether their need is temporary or indefinite. Most often, spousal support is available to those who have been in the marriage for an extended period where there is clear evidence that one party needs support coupled with a clear ability to pay by the other party.
Most are temporary agreements to provide time for the spouse to gain financial stability by earning the income needed to maintain a reasonable standard of living. Factors the court look at include:
Age
Health
Education
Earning history
Earning capacity
Property each spouse is receiving in a divorce.
For marriages of twenty (20) years or more the courts retain jurisdiction over spousal support when support is awarded.
Cordell & Cordell recognizes the essential needs of clients navigating the divorce process. With over 30 years of experience and thousands of people represented, we have worked to build resources and tools to help clients specifically have the experienced legal support they need during this often-complicated period.
Client Experience
“All around, [my attorney] did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” — Dale D.
“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.
Providing a Fresh Start to New Mexico Families
If you are facing divorce in New Mexico, you should contact a New Mexico divorce lawyer to protect your rights. Cordell & Cordell Albuquerque divorce lawyers are licensed to practice in New Mexico and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-323-7529 or use our online contact form to schedule an appointment.
Cordell & Cordell is a law firm located in several states helping clients with various family law issues. This page serves as a resource and is not to be taken as legal advice.
Albuquerque Business First recently covered Cordell & Cordell’s ongoing expansion with an article about the firm’s new Santa Fe office (150 Washington Ave., Suite 201, Santa Fe, NM 87501).
Cordell & Cordell opened its first new office in 2018 by launching an office in Santa Fe, New Mexico (150 Washington Ave., Suite 201, Santa Fe, NM 87501).
What are “The Ten Stupidest Mistakes Men Make When Facing Divorce?”
Find out at a complimentary seminar in Albuquerque sponsored by the domestic litigation firm of Cordell & Cordell on Wednesday, October 2.
Doors open at 6 pm. The seminar starts sharply at 6:30 pm at the Sheraton Albuquerque Uptown.
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“Guys often have to work a little harder to be awarded primary custody,” said Joseph Cordell, co-founder and principal partner of Cordell & Cordell. “When you’re disadvantaged, you’ll continue to be so unless you do what you can to help yourself.”
Find out what actions can have disastrous consequences during a divorce, and how to continue to play a key role in your children’s lives.
If you’re facing a divorce – perhaps one you don’t even want – you must attend this free seminar on Wednesday evening, Oct. 2, at the Sheraton Albuquerque Uptown.
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Cordell & Cordell opened its first new office in 2018 by launching an office in Santa Fe, New Mexico (150 Washington Ave., Suite 201, Santa Fe, NM 87501).
What are “The Ten Stupidest Mistakes Men Make When Facing Divorce?”