Parents have a duty to support a child financially until the child reaches adulthood. This duty of support generally extends to both parents, regardless of where the child lives. Unfortunately, conflicts frequently arise between parents regarding child support obligations and payments.
A seasoned Albuquerque child support lawyer has vast experience helping families resolve their differences. Our compassionate local legal team has skillfully represented custodial parents who are seeking child support as well as noncustodial parents who are under the obligation to pay support. If you have concerns about child support, our knowledgeable family law attorneys could carefully guide you through the legal process.
In New Mexico, child support payments are not subjective. The court determines the amount of payments according to the strict schedule set forth in the New Mexico Child Support Guidelines. The guidelines remove uncertainty and ambiguity by establishing a clear formula that parents can use to see what their child support obligations will be. The formula grants the child a portion of both parents’ incomes by balancing the child’s needs and the resources that both parents actually have so that one parent is not overly burdened with the cost of raising a child.
The child support guidelines look at the following factors to establish what the child support obligation of both parents should be:
If a parent owns a business, is self-employed, or their income fluctuates, situations can get complicated. In addition, extenuating circumstances may require a deviation from this set statutory formula. Our experienced Albuquerque child support attorneys know how to help.
Calculating child support is not always straightforward. Some parents try to give as little support as possible to the other parent raising their child. They might understate their income, such as by withholding information about bonuses and other compensation benefits. Alternatively, some parents try so hard to reduce their child support payments that they voluntarily reduce or even eliminate their incomes, such as by offering to work fewer hours, taking a lower paying job, or even quitting their job.
Fortunately, skilled Albuquerque attorneys know how to handle child support disputes. The court allows imputation to establish a constructive income for an uncooperative parent. Under the statutory guidelines, the court could impute a more justifiable income to the parent who is trying to reduce their income. The court could calculate the uncooperative parent’s employment and earning potential by examining the following factors:
Our seasoned local legal team could use proven strategies to show that the uncooperative parent is being dishonest about their income or to establish that the parent could potentially earn significantly more income than they have said.
Raising a child is expensive. Both parents need to contribute in order to provide a child with the quality of life they need. Although New Mexico has a set schedule for calculating child support payments, disputes can arise. Trying to calculate child support obligations requires a precise knowledge of local laws. Working with a local legal team who is familiar with the laws and guidelines and how they apply to specific situations is critical.
Consult with an Albuquerque child support lawyer at our firm as soon as possible to discuss your case.
