How will New Mexico's Universal Childcare Affect Your Child Support?
- 2 hours ago
- 2 min read
New Mexico has became the first state in the nation to implement universal childcare for all New Mexican families. This landmark initiative comes at a time when childcare costs remain a significant burden for many, especially parents who pay a large portion of their child support obligations toward work-related daycare or after-school care. While this is a positive step for families, it also raises an important question: How will universal childcare impact my child support payments?
Who Qualifies for Universal Childcare in New Mexico?
All working families in New Mexico will be eligible to apply for childcare assistance through a provider approved by the New Mexico Early Childhood Education and Care Department (ECECD), regardless of income level. The child must be a U.S. citizen, legal resident, or qualified immigrant to qualify for assistance.
If your child is currently enrolled in child care and you do not currently pay any co-pays or fees, you will not need to take any action as this change will likely not impact your support order. However, if you are currently paying out-of-pocket for childcare, speak with your provider to find out if they accept ECECD reimbursement. If they do, you may be able to apply for assistance to reduce or eliminate your childcare expenses. Please note that if you were previously denied assistance due to income, you can reapply.
Understanding How New Mexico Universal Childcare Affects Child Support Obligations
Child support in New Mexico is calculated according to the New Mexico Child Support Guidelines, as outlined in NMSA §40-4-11.1, which takes into account expenses such as employment-related childcare costs. If your child support order includes childcare expenses, and your child will now be covered by ECECD’s universal childcare program, your child support calculation may need to be modified.
Typically, to request a modification of child support, the requesting party must demonstrate a material and substantial change in circumstances from the original order. However, with the implementation of ECECD’s universal childcare program, the elimination of childcare expenses might qualify as such substantial change if the new support amount is 20% or more different than the last calculation.
If you are uncertain as to how this change could potentially impact your support payments, or if you are considering requesting a modification to your child support payments, we can assist. We will start by evaluating your current order and provide a recalculation and estimate of your revised amount, which will exclude childcare costs.
Contact us today to discuss how universal childcare may affect your case.
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