Attorney
When the New Mexico town of Hot Springs voted to change its name to Truth or Consequences, it was a ploy for attention. It’s a gimmick that has garnered the city some attention for the past 75 years, but never brought the promised economic growth or opportunity.
In high-asset divorces, particularly those involving business owners and professionals, failing to make child support payments is a similarly futile ploy for attention. When payments stop, or even become irregular, the issue is rarely just financial. It raises questions of trust, predictability, and responsibility.
And in New Mexico, where child support is part of a carefully structured plan designed to allow two households to move forward, there are unfortunate truths and consequences tied to this behavior.
The Truth: Child Support Is a Court Order
The truth is child support is not optional. It is a binding court order. The state of New Mexico takes enforcement of these orders very seriously, as they should since payments are tied to the welfare of your child.
For the parent who is owed support, this means you are not without recourse. For the parent who has fallen behind, it means delay can make the situation significantly worse.
The Consequences: Enforcement Tools in New Mexico
If child support falls into arrears, New Mexico law provides several enforcement mechanisms. These include:
- 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.
- Tax Refund Interception: Both federal and state tax refunds can be intercepted and applied toward unpaid child support.
- Property Liens: Just like other creditors, a parent who is owed back child support can ask a court to place a lien on any real estate owned by a debtor. These liens make it nearly impossible to sell or refinance the property until the debt is satisfied.
- License Suspension: Falling behind on child support can lead to suspension of a parent’s driver’s license, professional licenses, and even recreational licenses, such as for hunting or fishing.
- Passport Denial: Parents who are significantly behind on child support payments may be denied a passport, or have their existing passport revoked, restricting their ability to travel internationally.
- Credit Damage: Nonpayment is typically reported to credit agencies, which can hurt a parent’s credit score and make it harder to secure future loans.
- Interest on Unpaid Support: New Mexico imposes interest on overdue child support, which can exponentially increase a parent’s total payment obligation.
All of these are on the table, and the courts will not hesitate to do whatever it takes to get a parent who is in arrears to pay up.
Addressing the Underlying Issue
As mentioned above, noncompliance is often a choice. It’s the paying parent’s way of making a statement or bringing attention to the fact that they:
- Are frustrated about parenting time or other unresolved issues
- Believe they should be able to unilaterally make informal adjustments to the existing agreement
- Think there are more important things to spend their money on
- Assume it will not be a problem to make up back payments in the future
In short, they aren’t taking their responsibility to their child seriously. Bringing in an experienced family law attorney like Bob Matteucci, who can remind them that their actions have consequences, can often resolve these situations without going to court.
When Modification Is the Right Move
Sometimes the issue is not an unwillingness to pay, but the inability to do so. If the paying parent’s economic circumstances have changed, the proper remedy is not self-adjustment. It is a court-ordered modification.
In New Mexico, modification generally requires a substantial and material change in circumstances. Things like changing jobs or closing a business are common examples of these changes.
Serving Families With Dignity & Compassion
There’s nothing to be gained from trying to game the child support system. The truth is child support is legally enforceable and there are serious consequences for non-payment.
Whether you need to enforce your current child support agreement or modify it so you can comply with it moving forward, the Matteucci Family Law team is here for you. Please contact us today to set up a meeting.