Last verified: February 2026
Everything you need to know about New Mexico child support laws, including the income shares calculation method, worksheets for different custody arrangements, and enforcement procedures.
Table of Contents
How to Apply for Child Support in New Mexico
The New Mexico Health Care Authority (formerly Human Services Department) administers child support services through the Child Support Services Division (CSSD).
To apply:
- Apply online through the YES NM portal
- Visit your local Income Support Division office
- Call: (800) 283-4465
Locate child support offices in New Mexico
Services provided include:
- Establishing and enforcing child support orders
- Paternity establishment
- Locating non-custodial parents
- Modifying orders when circumstances change
After applying, a CSSD representative will contact you. Alternatively, you may hire a family law attorney to guide you through the process.
How Is Child Support Calculated in New Mexico?
New Mexico uses an income shares model as established in NMSA 40-4-11.1. This approach combines both parents’ incomes and allocates the support obligation proportionally.
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
Excluded from gross income:
- 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 support, the court can impute income based on earning potential. For parents without work history, the court may impute the prevailing minimum wage in their area.
Basic Child Support Schedule
New Mexico’s Basic Child Support Schedule specifies support amounts based on combined parental income and number of children. Combined income is rounded to the nearest $50 and matched to the schedule.
Use the New Mexico Child Support Calculator to estimate your obligation.
Child Support Worksheets
New Mexico uses two primary worksheets:
- Worksheet A (Basic Visitation) – Used when one parent has primary custody and the other has visitation less than 35% of the time
- Worksheet B (Shared Responsibility) – Used when each parent has the child at least 35% of the time
Calculation Steps
- Calculate each parent’s adjusted gross monthly income
- Combine the parents’ incomes
- Round combined income to the nearest $50
- Find the corresponding support amount on the Basic Child Support Schedule
- Multiply by each parent’s percentage of combined income
- Add adjustments for child care, health insurance, and other costs
Custody Arrangement Adjustments
Basic Visitation (Worksheet A)
When one parent has primary physical custody and the other has less than 35% parenting time, Worksheet A applies. The non-custodial parent pays their proportional share of the basic support obligation.
Shared Responsibility (Worksheet B)
When each parent has the child at least 35% of the year and shares duties, responsibilities, and expenses, Worksheet B accounts for the time-sharing arrangement in the calculation.
Additional Expenses
Beyond the basic obligation, orders address:
- Medical and dental insurance: Prorated between parents based on income
- Work-related child care: Prorated between parents based on income
- Extraordinary expenses: Uninsured medical/dental costs over $100 per child per year
- Extraordinary educational expenses
- Transportation costs: For long-distance visitation
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:
- Applying current guidelines would result in a 20% increase or decrease in support, AND
- More than one year has passed since the existing order
Grounds for Modification
- 20% or more change in either parent’s income
- Changes in parenting time
- Changes in the child’s age
- Increase or decrease in daycare or education costs
- Incarceration or unemployment
How to Request Modification
- Contact your caseworker through CSSD
- File a motion directly with the court
- Use Court Clinic mediation services (call 505-841-7409)
Documents typically required:
- Completed financial affidavit
- Proof of income and expenses
- Payroll and wage statements
- Federal and state tax returns
- Child care expense documentation
- Health care premium information
- Illness or disability documentation (if applicable)
Review Every Three Years
Under NMSA 40-4-11.5, either parent can request a review by CSSD once every three years. Orders also require annual exchange of financial information upon written request.
Child Support Enforcement in New Mexico
CSSD takes enforcement seriously. Standard collection tools include:
- Income withholding: Garnishment from wages, salaries, bonuses, or other income
- License revocation: Driver’s, occupational, and professional licenses
- Passport denial: Through the U.S. State Department
- Tax refund interception: State, local, and federal
- Credit bureau reporting
- Property liens
- Bank account garnishment
Bench Warrant Program
New Mexico maintains a Bench Warrant Program listing non-support fugitives. If your name appears on this list, you are subject to arrest during any encounter with law enforcement.
Federal Deadbeat Program
For severe cases, the federal Deadbeat Parents Program tracks delinquent parents nationwide. If convicted, penalties include restitution, fines, and potential imprisonment.
Criminal Penalties
Under NM Stat. 30-6-2, abandonment of a dependent (having the ability but failing to support a minor child) is a fourth-degree felony carrying:
- Up to 18 months in prison
- Up to $5,000 fine
Contempt of Court
- Contempt charges can result in immediate jail time
- The court can order support retroactive to birth
- Willful failure to pay may result in federal prosecution
When Does Child Support End in New Mexico?
Under New Mexico law, child support ends when the child:
- Turns 18 years old, OR
- Turns 19 if still in high school
- Becomes emancipated (valid marriage, military service, or court declaration)
College and Beyond
New Mexico does not require parents to pay for college. However, parents may voluntarily enter contractual agreements for post-secondary education support. Once signed, such agreements become legally enforceable.
Important: Parents cannot waive child support obligations. Even after the child turns 18, the child can petition the court to collect unpaid arrears.
Emancipation
Under New Mexico’s Emancipation of Minors Act (32A-21-1 to 32A-21-7), a child may petition for emancipation if:
- At least 16 years old
- Living independently from parents or guardians
- Capable of managing their own affairs
Key points about emancipation in New Mexico:
- Once granted, the court cannot reestablish dependent status
- Parents have no further financial obligation after emancipation
- Emancipated minors still cannot drink alcohol or use tobacco until legal age
Frequently Asked Questions
What is the minimum child support in New Mexico?
There is no fixed minimum. Support is calculated based on the Basic Child Support Schedule using the parents’ combined income. Very low-income parents may have minimal or zero obligations.
How is support calculated if incomes exceed the schedule?
If combined income exceeds the schedule’s cap, the judge determines a fair amount based on the child’s reasonable needs and the family’s standard of living.
Can a new spouse’s income be used for child support?
No. Under NMSA 40-4-11.1(C)(1), a subsequent spouse’s income cannot be treated as an increase in the remarried parent’s income. However, if the new spouse covers household expenses, the parent may have more income available for support.
Does having another baby reduce my support obligation?
Generally no. Having subsequent children is not grounds for reducing support to prior children. However, the duty to support subsequent children may serve as a defense against a requested increase.
What if I can’t afford to pay?
If your circumstances have changed, file for modification immediately. Do not simply stop paying, as arrears accumulate and enforcement actions will follow. CSSD and the courts offer mediation services.
Is there a statute of limitations on child support?
No. Child support arrears can be collected indefinitely. The child can petition the court to collect unpaid support even after turning 18.
What happens to support if I go to jail?
Incarceration may be grounds for modification since it affects your ability to earn income. File for modification as soon as possible to avoid accumulating arrears you cannot pay.
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