This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Title: Understanding New Mexico Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support Keywords: New Mexico, Motion to Modify, Amend, Divorce Decree, Increase, Child Support Introduction: In New Mexico, a Motion to Modify or Amend Divorce Decree is a legal process through which one party seeks to increase the amount of child support outlined in the original divorce agreement. This motion allows parents to address changes in their financial circumstances and ensure that the child's needs are adequately met. This article will provide a detailed description of what a New Mexico Motion to Modify or Amend Divorce Decree entails, along with the different types that can be filed. 1. Process of Filing a Motion to Modify or Amend: To initiate the modification process, the parent seeking an increase in child support must file a Motion to Modify or Amend Divorce Decree with the appropriate court in New Mexico. This motion includes a request to modify the existing child support order and requires specific information, such as the reasons for seeking an increase and any supporting documentation. 2. Grounds for Modifying Child Support: There are various grounds on which a New Mexico court may consider modifying child support. These may include significant changes in the financial circumstances of one or both parents, such as an increase in income, loss of employment, or changes in the child's needs. Other factors that may be considered include changes in childcare expenses, medical expenses, or other similar expenses related to the child's well-being. 3. Types of New Mexico Motion to Modify or Amend Divorce Decree: a) Increase in Child Support Amount: This is the most common type of motion filed, where one parent seeks to raise the existing child support amount based on significant changes in income or the child's needs. The motion should outline the reasons for seeking an increase and provide evidence to support the claim. b) Annual Cost of Living Adjustment (COLA): New Mexico allows for annual adjustments to child support payments based on the Consumer Price Index (CPI). If the divorce agreement includes a COLA provision, the parent seeking an increase can file a motion to ensure their child support payments align with the changes in the cost of living. c) Modification Based on Income Sharing Formula: New Mexico follows an "Income Shares" model to determine child support. If there have been substantial changes in income for either parent since the original divorce decree, a motion can be filed to update child support calculations accordingly, ensuring a fair distribution of financial responsibilities. Conclusion: When circumstances change after a divorce, it may be necessary to modify child support to provide for the child's evolving needs and ensure both parents' financial obligations are fair. Filing a New Mexico Motion to Modify or Amend Divorce Decree can be a complex process. It is crucial to consult with a qualified family law attorney to understand the specific requirements and navigate the legal complexities successfully.
