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Child support in New Mexico is set by the statute known as the New Mexico Child Support Guidelines. It is a straightforward formula that looks at the gross income (before taxes and withholdings) of both parents, multiplied by the number of children. The formula tells you what the base child support will be.
The purpose of the New Mexico Child Support Services Division (CSSD) is to establish and enforce the support obligations owed by parents for their children, thereby reducing the number of families reliant on public assistance. The CSSD can assist with collecting child support on behalf of New Mexico's children.
What Are the Penalties in New Mexico for Non-Payment of Child Support? Non-payment is considered a serious offense. The court will take actions that can criminally punish the obligator parent while also making every effort to recover any payment in arrears.
In New Mexico, the statute of limitations on a judgment already in place is 14 years. Therefore, if child support is older than 14 years old from a prior judgment there may be a valid defense against payment of obligations older than 14 years old.
Parents that attempt to shirk their child support obligations (sometimes referred to as "deadbeat parents") may face severe penalties. One such penalty is "contempt of court," which can include fines and, in extreme circumstances, jail time for the refusal to obey the child support order.
In New Mexico, child support is automatically assessed as part of a dissolution of marriage (divorce) proceeding for a couple that has at least one child under the age of 18. This assessment is made regardless of whether both parents agree to forego a formal child support arrangement between themselves.
Ing to New Mexico child support guidelines, payments may end when a child turns 18 (or 19 if he/she is in high school). So, child support generally ends then. Beyond that age, child support can only be ordered and enforced by the court if there is a written agreement between the parents to extend child support.