Losing a job before you have the next one lined up can be incredibly frightening. Scary […]
Divorce is tragic for all the obvious reasons, but it doesn’t have to be terrifying. Knowing […]
Divorce, commonly called “dissolution of marriage” in New Mexico, brings about many changes. One great change is in financial status. Dissolution of marriage also means separation of a couple’s financial lives.
In all states, parents have a legal duty to support their children. A court order requiring […]
We are frequently asked about child support modification. As you might expect, this question often comes […]
In some cases, divorced parents may attempt to change or misrepresent their financial conditions so as to affect the amount of child support that will be awarded. This may be done by either parent, one to minimize what he/she has to pay, or the other to increase what he/she will receive. The primary method of doing so is working in a lower-paying job to reduce earnings. Particularly crafty persons will temporarily reduce their income, and once the support amount is set, seek out higher-paying employment. They may also earn “under the table” income in the form of cash that is not recorded and untraceable
Child and spousal support are sometimes ordered when a marriage is dissolved. When that happens, the dissolution decree will specify the amount and terms of payment. As time passes, however, the ordered payments may not be made on a timely basis or for extended periods. If you are the payer, the amount you owe will accumulate quickly and accrue interest while you are not paying. If you are the payee, you will have to begin thinking about how to get the money you are owed.
When a child is born to a married husband and wife, the father is presumed by law to be the father. This is also true of a birth that occurs within 300 days of the dissolution of a marriage or the death of the husband. A man who lives in the household of a child for two years and holds himself out to be the father is presumed to be the father, as well.
What Factors Do New Mexico Courts Use to Set Child Support?
Have you ever wondered how New Mexico courts decide the proper amount of child support? By law, courts use child support guidelines to determine the amount of support. The New Mexico Legislature has stated that the purposes of the guidelines are threefold: (1) Adequately support children, “subject to the ability of the parents to pay”; (2) Make equitable awards by treating similarly situated people consistently; and (3) Improve court efficiency by promoting settlements and providing guidance on likely levels of awards.