Improve Co-Parenting with a Child Support Order

The theory of child support in New Mexico is pretty straightforward. Child support is money paid by one co-parent to another co-parent for the purpose of the care of a child they share together. It is amazing that such a simple concept can end up being such a big source of confusion and frustration for co-parents. The real question is, do you really need a child support order? YES. What if you get along extraordinarily well with your co-parent? STILL YES. What if a biological father is not on the birth certificate? ABSOLUTELY. What if you give money or items directly to the co-parent or child? ESPECIALLY YES! I hope to demystify the process a little bit for you so that you are able to protect yourself while still making sure that your child is cared for.

Unlike other payments that may be ordered by a court, Child support in New Mexico is calculated according to the New Mexico Child Support Guidelines. The law that controls this calculation can be found under NMSA § 40-4-11.1. The intention of this law is to create a uniform method of calculating how much should be paid in child support considering the following factors:

1. How much time the child spends with each parent;

2. How many children there are;

3. Each parent’s income; and

4. Certain expenses incurred in connection with the child/children.

After completing the calculation the court will order payment, if any, based on that calculation. There are many instances in which a parent, or parents, may want to move away from the calculated result. Child support has little wiggle room, but there are some arguments that can be made to the court to compel them to move away from the calculation. It can result in the court ordering more or less support to be paid.

So why do you need a child support order? Even if a co-parent has said that they would not be requesting child support in the past, they may still be granted a payment for previous years by requesting it from the court. This is also true for fathers who are not on a birth certificate. New Mexico law states that a co-parent has up to three years to request that a child support order be entered. Meaning, that if you parent a child in 2023 and no child support order is requested, that a request made as late as 2026 can be backdated to 2023. If a support order is then entered for even $250.00 per month, for example, it means that a parent can end up owing $9,000.00 from day one of the child support order.

Protect yourself and your child by getting a child support order in place early. Oftentimes, co-parents initially get along and/or are financially stable so they think they do not need to involve the court, but life gets in the way of the best intentions. Ask yourself, is it possible that any of the below happen:

1. Could your co-parent lose their job and become financially unstable;

2. Could your co-parent’s job loss leave them dependent on state services;

3. Might you or a co-parent start a relationship that creates friction in your co-parenting relationship;

4. Is possible that your co-parent might want to move out of state;

5. Is it possible that your co-parent has another child; or

6. Is it possible that the needs of your child change over time?

Unless you take the need for a child support order seriously, you may find yourself facing major financial difficulties when something commonplace occurs. Alternatively, if you obtain a child support order as soon as you are no longer sharing expenses with your co-parent, you will be able to manage payments and expenses as they arise.

There is a misconception that if you have been paying child support directly to your co-parent that child support cannot be ordered for that time? If a co-parent is able to prove to a court that payments have been made, that total may be deducted from the back payments ordered. If payments have been made in cash, this may be near impossible to prove to a court. Keep in mind, this support does not include items provided directly to the child. In other words, if you have been spending $2,000 per year purchasing clothing and items for your child, that amount may not be considered as support at all.

Another big misconception is that if there is 50/50 custody that child support payments would not be ordered. Although someone believing this is understandable, this is simply not true. The time each parent spends with the child is only a fraction of what is considered when a child support order is being considered. If one parent earns a higher income than the other, or is paying for certain costs, there can be a big impact on how much support is paid and to which parent.

It is important to understand your obligations and rights when it comes to child support. Pincaro Law is always happy to speak to those needing help to ensure that they are on the right track so they can be set up for success and not bogged down with inaccuracies. Please speak to us if there are any questions regarding a current or needed child support order.

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