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Call us at: (505) 881-2566
2727 San Pedro NE • Suite 114 • Albuquerque, NM 87110

FAQs – Child Support

How is child support determined in New Mexico?

Child support in New Mexico is set by the statute known as the New Mexico Child Support Guidelines. It is a straight forward formula that looks at the gross income (before taxes and withholdings) of both parents, multiplied by the number of children.  The formula tells you what the “base” child support will be.  Added to the base child support is the cost of medical insurance just for the children and the cost of work-related daycare. Sometimes there are “additional expenses” put on the child support worksheet such as private school tuition, regular medical expenses (orthodontist work, prescription medication, co-pays for therapy, etc.) and the cost of car insurance for teenage drivers.

Divorce and Separation concept

Why are there two different child support worksheets?

There are two child support worksheets in New Mexico – A and B. Each worksheet is used for different situations:

  • Worksheet A: This is used when the child lives primarily with one parent and spends less than 35% of the year with the other parent.
  • Worksheet B: This is used when the child spends approximately or actually equal time in each parent’s care.  It presumes two full homes are maintained for the child.

There is also an online child support calculator available for you to use that can help you estimate how much child support will be granted. Fill in the income figure for both parents, the amount of the child’s medical insurance, the cost of work-related daycare and any other additional expenses. In addition to this information, you will also need to put the number of days per year (it must add up to 365) the child is with each parent. This will then calculate the amount for child support.

What if my ex works for himself?

If one or both parents are self-employed things can get complicated in determining “gross income” for child support purposes. Look at the total revenue generated minus “reasonable and ordinary” business expenses, which is not the same thing as deductions on tax returns.  You will need to see the business Balance Sheet, Profit & Loss Statement, business tax returns as well as personal returns, and the bank statements and credit card statements, to see how much cash flow is really available to support the child.  To the extent the business is paying for personal expenses – such as a cell phone or car – that needs to be included as income for the parent for child support purposes.

What happens if I quit my job or take a lower paying job to avoid paying child support?

The law presumes a parent is working up to his or her potential. If a parent is “under-employed” or unemployed by choice, then it is possible to “impute income” to that parent for child support purposes. This is also a tricky area in difficult economic times because a parent may have been laid off from a job and takes a lower paying job just to get by. Conversely, some parents quit higher paying jobs and don’t look for a new job for the primary purpose of trying to avoid paying child support.

Can child support be garnished from the paying parent’s pay check?

By law, child support is supposed to be automatically deducted from the paying parent’s pay check and routed through the Child Support Enforcement Division (CSED) of the Human Services Department to the receiving parent. If the parents agree they do not want to go through CSED, they can do so by giving the Court good reason for the decision.

Can I deduct my child support payments from my income tax?

Child support is not deductible from the paying parent’s income for income tax purposes and is not included in the receiving parent’s income for tax purposes.

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I appreciate everything Mary Ann and her team have done for my children, and myself, which entailed so much. Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time.   M.F.
2017-03-31T16:04:38+00:00
I appreciate everything Mary Ann and her team have done for my children, and myself, which entailed so much. Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time.   M.F.

I just wanted to take a moment to thank you for your representation. I can’t tell you how confident and comfortable I felt having you represent me and the peace of mind that brought was worth more than I could...
2017-03-31T16:22:11+00:00
I just wanted to take a moment to thank you for your representation. I can’t tell you how confident and comfortable I felt having you represent me and the peace of mind that brought was worth more than I could have imagined.  I never once felt that you were working without my best interests in mind and contrary to my ex-husband’s experience, the expenses incurred were reasonable and fair, and I believe you were diligent about not incurring additional costs unless they were absolutely necessary.   A.N.

The day I walked into your office I did not believe that my life would take such a toil on my life, the fact and promise you made that you would never leave my side at any point even when...
2017-04-03T10:55:47+00:00
The day I walked into your office I did not believe that my life would take such a toil on my life, the fact and promise you made that you would never leave my side at any point even when I just couldn’t find the strength to open emails because it was so painful to read has defined a new beginning for me.  I am back in NM and I will never look back thinking that he got the best of me, because you kept your promise to me and because I am doing it; I am living life again!D.A. D.A.

Going through a divorce is an agonizing process, the emotional distress was overwhelming at times and the financial implications only exacerbated my anxiety. On top of that I had to hire a lawyer and hope that they would be professional,...
2017-04-03T10:56:15+00:00
Going through a divorce is an agonizing process, the emotional distress was overwhelming at times and the financial implications only exacerbated my anxiety. On top of that I had to hire a lawyer and hope that they would be professional, reliable and honest. I found that at NM Divorce & Custody and can’t express how fortunate I felt to have had Mary Ann Burmester’s representation in what I thought was going to be a quick divorce. Mary Ann is sharp, knowledgeable and honest. She gave me recommendations that I felt comfortable in taking and I never felt her representation didn’t have my best interests in mind. Mary Ann was an excellent advocate when my husband’s lawyer was requesting things from me that were completely unnecessary and had no purpose other than escalating expenses. She and her team were on top of things from day one, leaving me no doubt I’d made the right choice. I’d recommend them to absolutely anyone. A.B.

I want to give NM Custody & Divorce LLC a HUGE THANK YOU, for your professionalism, but most of all your patience and kindness. My experience with your firm was amazing start to finish, in such a difficult time in...
2017-04-03T10:56:42+00:00
I want to give NM Custody & Divorce LLC a HUGE THANK YOU, for your professionalism, but most of all your patience and kindness. My experience with your firm was amazing start to finish, in such a difficult time in my life, your team made me feel supported not just legally but with your concern. Ms. Burmester is an amazing women and attorney her and your firm have my highest recommendation!!   C.S.