NM Child Support Laws

For NM child support, both parents are responsible for the financial support of their children.

In New Mexico, this program is administered under the Child Support Enforcement Department. If you, or the non-custodial parent lives in New Mexico, you may be interested in learning more about the process for collecting and receiving NM child support payments.

How Do I Establish Paternity in New Mexico?
The first step towards collecting NM child support payments is to establish the paternity of your child. A father can voluntarily acknowledge paternity by signing a written admission of paternity at the hospital. Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), once a father signs this acknowledgement of paternity it becomes a finding of paternity, unless the man denies that he is the father within sixty days.

If your child’s father will not voluntarily sign an acknowledgement of paternity, New Mexico Child Support Department can order the genetic testing necessary to determine paternity.

After paternity is determined, you can work within the court system to obtain a court order for NM child support. This court order will establish the framework for the support, including how it is to be collected and how much will be required each month.

Child support payments are based upon the child's needs, the non-custodial parent’s ability to pay, the custody arrangements for the child and New Mexico’s child support guidelines. For more information about New Mexico’s child support guidelines, see the link listed below.

Do I Apply For New Mexico Child Support?
You can apply for child support services in New Mexico online or in person at your local New Mexico Child Support Enforcement field office. You will be required to provide some information about yourself, your child, and your child’s other parent in order to complete and process your application.

The most important information you can provide is the Social Security Number of the non-custodial parent and his or her employer's name and address. This will help your caseworker locate your child’s other parent and initiate the collection procedure. Other information that you will be asked to provide include the names, addresses, and birth date of all parties involved, as well as the phone numbers of relatives, friends or former employers of the non-custodial parent.

If necessary, the staff at the New Mexico Child Support office can subpoena information about the non-custodial parent’s bank accounts, insurance policies, credit cards, pay slips, and tax returns.

What Fees Are Charged For New Mexico Child Support?
If your family is currently receiving state or federal public assistance in the form of TANF or Medicaid, you will not be required to pay a fee for NM child support services. However, you can still request services, even if you do not receive public assistance. Here is a list of fees that you may be charged:

Locating An Absent Parent: $60.00

Establishing Paternity and/or a Child Support Order: $250.00

Modifying A Child Support Order: $150.00

Child Support Enforcement Services: $250.00

Filing Fees: Actual Cost

Witness Fees: Actual Cost

Paternity Tests: Actual Cost

Expert Witness Fees: Actual Cost

Court Costs: Actual Cost

IRS Collection Service: Actual Cost

IRS Tax Refund Interception: $25.00

Taxation and Revenue Dept. Tax Refund InterceptioN: $25.00



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New Mexico Child Support...