New Mexico Child Support Laws



New Mexico Child Support for Non-Custodial Parent In Another State? Under the Uniform Interstate Family Support Act (UIFSA), The Child Support Enforcement office can work in cooperation with similar offices in other states to locate absent parents, establish paternity, and establish and collect child support payments. Interstate income withholding can be used to easily process and collect payments. In addition, if it is found that the non-custodial parent fled the state in order to avoid paying child support, he or she can be arrested.

If you know which state the non-custodial parent has moved to, your caseworker can contact the child support enforcement office in that state to confirm his or her address and employment information. If there is a confirmation, the case can be transferred to the other state.

If you are not sure where the non-custodial parent is living, the Child Support Enforcement Office can utilize the Federal Parent Locator Service confirm their location. The Federal Parent Locator Service has access to federal records from agencies such as: The Department of Defense, the National Personnel Records Center, The National Directory of New Hires, and the Social Security Administration.

How Is The Amount of New Mexico Child Support Determined?
New Mexico, like most states, has pre-established guidelines that help the courts determine the amount of child support that should be required in each case. In general, child support payments are necessary to pay for the ordinary expenses of raising a child, such as food, shelter, clothing, education and medication needs.

In determining an award of child support, the court will look at all the relevant facts of your particular case and how they match up to the established guidelines. The court will take into account the following factors:

The Financial Needs of the Child:
A child who is developmentally disabled or physically or mentally ill may require a higher level of support than a healthy child.
 

The Age of the Child:
Children cost more or less to support depending upon their age. Infants and younger children often cost less to support than older children.
 

The Ability of the Non-custodial Parent to Pay:
 The court is limited in awarding child support by the ability of a parent to pay based on a percentage of his or her income.

The Earning Capacity of the Custodial Parent:
Because both parents have a legal responsibility to financially support their children, the court will look at the earnings or earning capacity of the custodial parent when determining the amount of support that the non-custodial parent must pay.

The Other Responsibilities of the Parents:
For example, if the non-custodial parent is already paying child support for other children, this amount will be factored in to the amount he or she is able to pay.

Can My Child Support Order Be Changed?
The Child Support Enforcement Division may review child support orders every three years, or if either parent requests a review. Child support orders may be modified based on the financial circumstances of the case.

How Are Child Support Payments Collected?
Starting in January 1994, new and modified child support orders must include a provision for income withholding unless both parents and the courts come to an agreement on another payment method. Income withholding allows the Child Support Enforcement Department to collect payments directly from the non-custodial parent’s paycheck.

Using the income withholding method, the child support payment is automatically deducted from the non-custodial parent's paycheck just as taxes, insurance premiums and other items are. These funds are then sent directly to New Mexico Child Support Enforcement Department when it is processed and disbursed to the custodial parent.

Income withholding is considered the simplest and most convenient method for all parties. It assures the custodial parent and the child that payments will be made in full and on time. And for the non-custodial parent, it offers a clear documented record that the child support payment was made.

If the non-custodial parent is self-employed, he or she can still utilize the income withholding method to pay child support payments. In this case, arrangements can be made for a monthly electronic funds transfer to New Mexico Child Support Enforcement Department that works in much the same way as income withholding.

If the non-custodial parent is self-employed and he or she refuses to pay child support payments, there are methods that the Child Support Enforcement Department can utilize to enforce the child support order. Parents who are in arrears on child support payments face the possibility of having their tax refunds intercepted, occupational or professional licenses revoked, driver's license revoked, and passport denied. In addition, New Mexico Child Support Enforcement Department can place a lien on the debtor’s property and bank accounts.

Contacting New Mexico Child Support Office
If you still have questions about child support in New Mexico, or if you would like to obtain information about your individual case, contact your local New Mexico Child Support Enforcement field office. (See the website below to obtain the contact information for your local office.) or call the customer services hotline at 1-800-288-7207.


For More Information About New Mexico Child Support

Child Support Enforcement- Get the information you need to know about your New Mexico child support case.

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