General
Authority: Statute
Citation: N.M. Stat. Ann. § 40-4-11.1 to -4-11.6
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2006 (BR3)
Income Base: Gross Income
Guidelines Responsibility:
Guidelines Approval:
Last Guidelines Review ( )
Previous Guidelines Review ( )
Basic Child Support Obligation Table
Income Measure:
No. of Children Categories:
Minimum Combined Gross Monthly Income:
Minimum Award:
Maximum Monthly Gross Income:
More than Maximum Income:
Child Support Schedule Factors/Assumptions/Adjustments
Age: No
Cost of living: Yes (Downward)
Childcare Expenses: Not included in child support table. Added to Award
Expenditures: schedule reflects average child-rearing expenditures from ages 0 through 17 years old
Low-Income: No
Medical Expenses: schedule includes ordinary, out-of-pocket medical expenses of $250 per child per year
Parenting Time:
Poverty Level:
Price Level: July 2018
Taxes:
Low-Income1
SSR/LI Adjustment Amt: N/A
Discretionary: N/A
SSR/LI Adjustment Application: N/A
Deviation Criteria: If obligator is required to pay more than 40% of gross income, presumption is hardship needing deviation
Threshold Income: N/A
Limitations: If obligator is required to pay more than 40% of gross income, presumption is hardship needing deviation
Minimum Child Support Amount: No
Limitations on Minimum Child Support Amount: If income history below minimum wage, income will be imputed
Notes: N/A
Deviation Reasons
1. Childcare Expenses
2. Education Expenses
Medical Expenses
Childcare Expenses
Deviation factor
Education Expenses
Deviation factor
Modification
When circumstances change, such as a substantial change in income for either parent, a change in expenses for the child(ren) or changes in custody or visitation schedules; a modification in the child support obligation may be warranted. The changes must display a 20% increase or decrease in the child support obligation for a modification to be warranted.
Duration
Age of Majority: 18 years of age
Ends: unless still in high school, then up to 19 years of age.
Statute: N.M. Stat. Ann. §40-4-7(B)(3)(b)
College Support beyond Age of Majority: No statute or case law holding parents to a duty to college support in the absence of an agreement.
Exception for Adults with Disabilities:
Criminal Penalties for Nonpayment
Source: N.M. Stat. Ann. § 30-6-2, N.M. Stat. Ann. § 31-18-15
Crime: 4th Degree felony
Maximum Penalty: 18 months, $5,000
Interest and Arrears4
Arrears: Yes
Summary: Since May 19, 2004: 4% June 18, 1993, to May 18, 2004: 8.75%; June 17, 1983, to June 17, 1993: 15%
Statute: N.M. Stat. § 40-4-7.3
License Restrictions for failing to pay Child Support2
Citation:
Type:
Threshold:
Reinstatement:
State Contact
Name: Mr. Brian Blalock
Title: CYFD Cabinet Secretary
Email: CYFD.NMICPC@state.nm.us
Phone Number: (505) 476-7207
Address: PO Box 25110, Santa Fe, New Mexico 87504
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx