As any parent in the Albuquerque area can tell you, kids are expensive. Diapers, soccer uniforms, and dental work aren’t free. Child support payments are designed to fairly apportion the cost of parenting, ensuring a child’s basic needs are met regardless of their parents’ relationship status.
When approached thoughtfully, child support becomes part of a larger post-divorce or post-separation financial framework. One that reduces uncertainty, avoids future conflict, and puts both parents and children on a firm financial footing.
As a former business owner, who has an MBA as well as a law degree, Attorney Bob Matteucci is well-suited to tackle this topic. Whether you are a W2 employee, or someone with more complex finances (he often works with business owners, professionals, and people with variable income) Bob can help you do the math to make sure your child’s needs are met.
How Child Support Works in New Mexico
The vast majority of parents in the Albuquerque area use New Mexico’s statutory guidelines and accompanying worksheets to calculate their child support payments. The guidelines create predictability and reduce disputes by applying a standardized formula based on objective factors.
These factors include:
- The gross income (before taxes) of each parent
- The time each parent spends with and is responsible for the child
- What the government sets as the poverty line
- The number of minor children shared with this former partner
- Court-ordered child support paid by either parent to another family
- Childcare costs
- Health and dental insurance premiums
- Extraordinary medical expenses, including those for counseling
- Educational expenses
- Travel and communication expenses if a child’s parents live a long distance away from one another
The result is a presumptively correct child support amount. For most families, including high earners, this approach provides clarity and minimizes the need for litigation.
Calculating Income for Professionals and Business Owners
While New Mexico’s child support worksheets work well for most families, things can get complicated if one or both parents are self-employed or are in another profession where income can vary from year to year. There may also be situations where a parent is receiving illiquid compensation or is deferring compensation now in order to build up their assets.
When income isn’t something you can quickly look up by looking at a W2, Bob is often asked to step in. Thanks to his business background and nose for numbers, he has no problem getting into the the financial weeds. He also knows when it is best to bring in a forensic accountant, assessor, or other financial professional to calculate income.
Deviations from the Guidelines: The Exception, Not the Rule
New Mexico law allows parents to deviate from the guideline amount in certain circumstances. However, deviations are uncommon and generally reserved for situations where applying the guideline would be clearly unjust or inappropriate.
Possible deviation factors may include:
- Unusually high income
- Extraordinary medical or educational expenses
- There is a separate agreement in place that specifies which parent will cover specific costs
- Unique parenting time arrangements
For most families the guidelines remain the best starting point and something close to the final outcome. Deviations are rare and should not be expected.
Planning for Change: Child Support Modifications
Life does not stay static after divorce. Children’s needs change, businesses grow or contract, and careers evolve. New Mexico law recognizes this reality and allows child support orders to be modified when circumstances materially change.
Common reasons for modification include:
- Changes to the child custody agreement
- A significant increase or decrease in income
- New or changed childcare or medical expenses
Seeking changes as they are needed, rather than letting problems accumulate or build into bigger disputes, helps avoid conflict. A modification is not a failure of the original agreement. It is a recalibration.
Enforcement and Accountability
Because child support orders are legally binding, disregarding them can have severe financial, legal, and personal consequences. New Mexico’s Child Support Enforcement Division (CSED) and state court judges in the Albuquerque area can impose significant penalties if you fail to meet your child support obligations.
Including:
- Contempt of Court: Child support payments are a court-ordered obligation. Failure to pay puts you in contempt of court, and judges in the Albuquerque area are not hesitant to hand out hefty fines or even jail time for such behavior.
- Wage Garnishment: The parent who is supposed to receive child support payments can file a Request for Wage Withholding with the courts. If that request is granted, the Child Support Enforcement Division (CSED) will garnish the paying parent’s wages and send that money to the receiving parent. Once an order has been issued, it will stay in place regardless of whether the paying parent changes jobs.
- Asset Seizure: If a parent who withholds child support is not a W2 earner, or has fallen significantly behind on payments, the CSED may seize funds directly from bank accounts or take other liquid assets to make support payments.
- Interest on Unpaid Support: New Mexico imposes interest on overdue child support, which can exponentially increase a parent’s total payment obligation.
And it is important to note that these risks don’t end when your child turns 18. Parents can be held responsible for back payments, and any interest that has accrued, for years.
It is therefore important that anyone who is upset with their current payments seek a modification instead of refusing to pay or unilaterally reducing payments.
Frequently Asked Questions about Child Support
While every family in the Albuquerque area is different, many have similar questions about child support.
Can Parents Come Up With Their Own Amount?
Parents do have the option to come up with an amount on their own. However, if the parents agree to an amount that is less than what the guidelines would require, the judge is going to want to know why. That’s because the legal guidelines are presumed to be accurate for meeting the child’s basic needs in most cases. Of course, parents can agree to pay more than what the guidelines would require, and often decide to formalize that agreement in their divorce papers.
How Long Does Child Support Last In Albuquerque?
Parents are legally obligated to pay support in most cases until the child is either 18 years old and has graduated from high school, or 19 years old if the child is still in school. However, if the child has a disability that makes it impossible for him or her to be self-sufficient, the obligation can continue indefinitely.
What happens if income changes after the divorce?
If there is a material change in circumstances, child support can be modified. However, it is important to note that courts do not appreciate it when a parent deliberately loses their job or works less in order to suppress their income and get their payment reduced. In these situations, the court can estimate how much the parent should be able to earn and use that in its calculations.
Does child support cover all child-related expenses?
No. Child support typically covers basic living expenses. Other costs, such as healthcare, childcare, or extracurricular activities, are often addressed separately in court orders or settlement agreements.
Is it okay to withhold visitation when support payments are late?
No. Withholding visitation over missed payments (or withholding payment over missed visitation) is not allowed. Even the amount of time a parent spends with their child is used to calculate child support, child custody and support are viewed as two separate matters. It is inappropriate for the other parent to withhold visitation from you because you’ve missed a payment. Likewise, it is inappropriate for a parent to refuse to pay child support because they weren’t able to visit with the child.
Serving Families with Dignity & Compassion
Attorney Bob Matteucci can help you craft a child support payment plan that complements your child custody agreement and matches your family’s specific experiences, values, and goals. Contact the Matteucci Family Law Firm today to set up a meeting.