New Mexico Child Support Laws: Guidelines and Calculations

How to Apply for Child Support in New Mexico

The New Mexico Health Care Authority (HCA) administers child support services through the Child Support Services Division (CSSD). Before July 2024, this agency was known as the Human Services Department (HSD). The CSSD collected $119.1 million in child support during fiscal year 2024, with 98 percent going directly to families.

To apply for child support services:

• Apply online through the YES NM portal
• Visit your local CSSD office
• Call the CSSD hotline at (800) 283-4465

CSSD provides the following services at no cost to families (New Mexico eliminated child support program fees in 2024):

• Establishing and enforcing child support orders
• Paternity establishment through genetic testing
• Locating non-custodial parents
• Modifying existing orders when circumstances change
• Calculating and maintaining arrears balances
• Payment collection and distribution

After you submit your application, a CSSD representative will contact you to begin the process. You may also hire a private family law attorney to handle your case independently.

How Is Child Support Calculated in New Mexico?

New Mexico uses an income shares model under NMSA 40-4-11.1. This approach combines both parents' incomes and allocates the child support obligation proportionally based on each parent's share of the combined total.

The stated purposes of the guidelines are to establish an adequate standard of support for children, make awards more equitable through consistent treatment of similar circumstances, and improve court efficiency by promoting settlements.

Determining Adjusted Gross Income

A parent's adjusted gross income (AGI) includes income from all sources:

• Salaries, wages, tips, and commissions
• Bonuses and severance pay
• Dividends, interest, and trust income
• Pensions and annuities
• Capital gains
• Social Security benefits
• Workers' compensation and unemployment benefits
• Disability insurance benefits
• Gifts and prizes
• Self-employment income
• Rental income

Excluded from gross income:

• Temporary Assistance for Needy Families (TANF) benefits
• Supplemental Security Income (SSI)
• Food stamps (SNAP benefits)
• General assistance and public assistance benefits
• Benefits received by the child
• Child support received for other children

Imputed Income

If a parent is willfully unemployed or underemployed to avoid paying support, the court can impute income based on that parent's earning potential. Factors considered include education, work history, job skills, and local employment opportunities. For parents without recent work history, the court may impute income at the prevailing minimum wage for their area.

The 40 Percent Hardship Cap

Under NMSA 40-4-11.1, whenever the child support guidelines require a parent to pay more than 40 percent of their gross income for a single child support obligation, there is a rebuttable presumption of substantial hardship. This presumption allows the court to deviate from the standard guidelines amount.

2024 Updated Basic Child Support Schedule

New Mexico's Basic Child Support Schedule specifies support amounts based on combined parental income and the number of children. Combined income is rounded to the nearest $50 and matched to the schedule.

In 2023, the legislature passed Senate Bill 223, which authorized the HCA to update the child support schedule by administrative rule rather than requiring legislative action every four years. The updated schedule took effect January 1, 2024, reflecting current economic data on the costs of raising children.

Key changes in the 2024 schedule include:

• A new self-support reserve of $1,200 per month for paying parents, ensuring they retain enough income to maintain a basic standard of living
• Reduced obligations for lower-income parents whose income falls within the shaded area of the schedule
• Increased obligations for mid-level and higher-income earners
• Elimination of the $5 per month minimum payment previously required for children covered by Medicaid or other public insurance

Use the New Mexico Child Support Calculator on the courts' website to estimate your obligation under the current schedule.

Child Support Worksheets

New Mexico uses two primary worksheets to calculate child support depending on the custody arrangement:

• Worksheet A (Basic Visitation): Used when one parent has primary custody and the other parent has the child less than 35% of the time
• Worksheet B (Shared Responsibility): Used when each parent has the child at least 35% of the time (approximately 128 days per year)

Worksheet A Calculation Steps

1. Calculate each parent's adjusted gross monthly income
2. Combine the parents' incomes
3. Round the combined income to the nearest $50
4. Find the corresponding basic support amount on the schedule for the number of children
5. Multiply by each parent's percentage share of the combined income
6. Add adjustments for health insurance, child care, and extraordinary expenses
7. The non-custodial parent pays their proportional share

Worksheet B: Shared Responsibility

When each parent has the child at least 35% of the year and shares duties, responsibilities, and expenses, Worksheet B applies. This worksheet accounts for the duplicated costs of maintaining two households. Each parent's obligation is calculated separately, multiplied by an adjustment factor for time-sharing, and the obligations are offset. The parent with the higher adjusted obligation pays the difference to the other parent.

Additional Expenses Beyond the Basic Obligation

Child support orders also address expenses beyond the basic schedule amount:

• Medical and dental insurance premiums: Prorated between parents based on their share of combined income
• Work-related child care costs: Prorated between parents based on income share
• Extraordinary medical and dental expenses: Uninsured costs exceeding $100 per child per year, split proportionally
• Extraordinary educational expenses: Private school tuition or special education costs
• Long-distance transportation costs: Travel expenses for visitation when parents live far apart

How to Modify Child Support in New Mexico

Under NMSA 40-4-11.4, child support can be modified when there is a material and substantial change in circumstances.

Presumption of Material Change

A change is presumed material and substantial when both of the following conditions are met:

• Applying current guidelines would result in a 20% or greater increase or decrease in the support amount
• More than one year has passed since the existing order was entered

Common Grounds for Modification

• Significant increase or decrease in either parent's income (20% or more)
• Changes in the parenting time arrangement
• Changes in the child's needs due to age or health
• Increase or decrease in daycare or education costs
• Incarceration or involuntary unemployment
• Changes in health insurance availability or cost
• A new child support order for another child

How to Request a Modification

You can request a modification through two paths:

• Through CSSD: Contact your caseworker or apply through the HCA website
• Through the court: File a motion to modify directly with the district court that issued the original order

Documents typically required for modification include:

• Completed financial affidavit
• Proof of current income and expenses
• Recent payroll and wage statements
• Federal and state tax returns for the past two years
• Child care expense documentation
• Health care premium information
• Documentation of illness, disability, or job loss (if applicable)

Three-Year Review Right

Under NMSA 40-4-11.5, either parent can request a review of the child support order by CSSD once every three years, even without showing a change in circumstances. Orders also require an annual exchange of financial information upon written request by either parent.

Child Support Enforcement in New Mexico

CSSD takes enforcement seriously and has a range of tools available when a parent falls behind on payments.

Income Withholding

Federal and state law require immediate income withholding in all Title IV-D child support cases. Employers must withhold the ordered amount from wages, salaries, bonuses, commissions, and other earnings and send it to the State Disbursement Unit.

License Suspension Under the Parental Responsibility Act

Under NMSA 40-5A-6 (the Parental Responsibility Act), CSSD submits a certified list of parents who are 30 or more days delinquent on their support obligation to licensing agencies. Licenses subject to suspension include:

• Driver's licenses
• Professional and occupational licenses
• Hunting and fishing licenses
• Recreational licenses

The obligor receives a notice at their last known address and has 30 calendar days to request a hearing before the suspension takes effect. Parents facing license suspension can participate in the STEPUp! program, which helps unemployed or underemployed parents find jobs. Compliance with STEPUp! results in a Certificate of Compliance that prevents or reverses license suspension.

Additional Enforcement Tools

• Tax refund interception: State, local, and federal tax refunds can be intercepted and applied to arrears
• Passport denial: The U.S. State Department denies passport applications and renewals for parents owing more than $2,500 in arrears
• Credit bureau reporting: Delinquent child support is reported to credit agencies
• Property liens: Liens can be placed on real and personal property
• Bank account garnishment: Funds in bank accounts can be seized to satisfy arrears
• Contempt of court: Courts can hold non-paying parents in contempt, which may result in jail time

Interest on Arrears

Under NMSA 40-4-7.3, interest accrues on delinquent child support at a rate of 4 percent per year. Interest begins accruing from the date the payment becomes delinquent and continues until the balance is paid in full. The HCA has authority to forgive accrued interest on arrears assigned to the state if doing so would likely result in collecting more support overall.

Criminal Penalties

Under NM Stat. 30-6-2, abandonment of a dependent (having the ability to provide support but failing to do so) is a fourth-degree felony punishable by:

• Up to 18 months in prison
• Up to $5,000 in fines

For severe cases involving parents who flee the state, the federal Deadbeat Parents Punishment Act allows prosecution with penalties including restitution, fines, and imprisonment.

When Does Child Support End in New Mexico?

Child support obligations in New Mexico terminate when the child:

• Turns 18 years old, or
• Turns 19 years old if still attending high school at age 18 (support continues until graduation or the 19th birthday, whichever comes first)
• Becomes legally emancipated

Disabled Dependents

If a child has a physical or mental disability that prevents self-sufficiency, the court may order child support to continue indefinitely beyond age 18.

College Expenses

New Mexico law does not require parents to pay for college or post-secondary education. However, parents may voluntarily enter a written agreement to contribute to college costs. Once signed, such agreements become legally enforceable contracts.

Collecting Unpaid Arrears After Age 18

Child support arrears do not expire when the child turns 18. Under New Mexico law, the statute of limitations for collecting past-due child support is 14 years from the date each payment was due. A child or the custodial parent can petition the court to collect unpaid support even after the child reaches adulthood. Interest continues to accrue on unpaid balances at 4 percent per year.

Emancipation

Under New Mexico's Emancipation of Minors Act (NMSA 32A-21-1 through 32A-21-7), a child may petition the court for emancipation if they meet these requirements:

• At least 16 years old
• Living independently from parents or guardians
• Capable of managing their own financial and personal affairs

Once a court grants emancipation, the parents have no further child support obligation. The court cannot later reestablish the child's dependent status. Emancipation also results from a valid marriage or entry into military service.

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