Child Support & Custody

A parenting plan is a court-approved document that sets each parent’s responsibilities. It is needed before joint custody is granted.

Each parent will:

1. Have well-defined periods with the child.
2. Care for the child’s financial, physical, emotional, and developmental needs.
3. Must consult with each other before making major decisions involving the child. This could include moving, practicing a different religion, education, medical treatment, or public activities that could change the parenting schedule. 

For more information, please see Section 40-4-9.1 NMSA 1978

Yes, but the judge orders the custody arrangement. New Mexico law assumes that joint custody is best for children. If you feel that joint custody will not work, or if you need help determining a time-sharing (visitation) arrangement or schedule, you should ask the court for a referral to mediation. There are separate forms for you to prepare to get into the mediation services. It may be done automatically by the judge in some cases.

40-4-9.1 NMSA 1978

In New Mexico, joint custody is considered the best option for the child’s interests. However, joint custody does not mean the parents will divide financial responsibilities equally.  Joint custody means that both parents make decisions (ie. school, doctor, dentist, activities in which the child participates), spend time with the children, and are involved with them. Joint custody DOES NOT necessarily mean equal time, where the children spend half their time with one parent and half their time with the other.

Section 40-4-9.1 NMSA 1978

Sole custody is when one parent has the authority to make decisions regarding the child(ren)’s healthcare, education, religious upbringing, child care, and recreational activities. The child also resides with this parent. This parent is called the “custodial parent.” The non-custodial parent may still have access to the child’s health, education, and dental records. The child usually lives with the custodial parent, and the non-custodial parent may visit the child. If the judge believes the child will be hurt or is in danger when in the care of the non-custodial parent, the judge could order supervised visitation.

The court will decide custody based on the child’s best interests. 

The court will consider the following factors:

1. Whether the child has a close relationship with each parent. 
2. Whether each parent is capable of providing care for the child. 
3. How often are the parents and child in contact with each other.
4. Whether each parent can respect the other’s parental rights and responsibilities. 
5. Where each parent decides to live. 
6. The parents are willing to communicate and agree on the child’s needs. 

For the complete list of standards for determining custody, please see Section 40-4-9.1 NMSA 1978.

Yes, a custody arrangement can be changed, but substantial and material changes in the circumstances must occur before a change can be made. This could include moving houses or schools. The parent requesting to change custody should also have proof that the current arrangement is creating a burden or resulting in some other problem.

Section 40-4-9.1 NMSA 1978

Because child support is based on multiple factors, one parent might still be ordered to pay child support. State guidelines establish child support by considering the shared responsibility of joint custody when establishing support. Those guidelines are used to calculate child support in this worksheet.  You can do your child support calculation by following this link: Child Support Calculator

If the parents do not agree, the court will determine visitation based on what it thinks will be best for the child. This includes considering the child’s well-being, the stability of each parent’s home, and the environment. The judge will weigh various factors into the decision of timesharing, including any history of drugs, the child’s preference, the present relationship between the child and each parent, and the work schedules of the parents. 

Section 40-4-9.1 NMSA 1978

Child support is an ongoing court-ordered payment by a parent to benefit a minor child or children. 

Section 40-4-11.1 NMSA 1978

At a child support hearing, the judge will collect information regarding income, insurance, the number of children being provided for, and how often the children are with each parent. The judge will use this information from a worksheet the parents have filled out and follow state legislature guidelines to determine how much child support each parent has to pay. You should be prepared to bring pay stubs, proof of insurance, receipts for child care, tax documents, and anything necessary to your hearing. You can do your child support calculation by following this link: Child Support Calculator

Section 40-4-9 NMSA 1978

In New Mexico, child support is collected through wage withholding, which means this money will be taken from your paycheck. Parents can also make direct payments or use online portals to make payments. Please see the Child Support Enforcement Division (CSED) for more information using this link: (insert link to CSED)

Section 40-4-11 NMSA 1978

Yes, visitation, custody, and child support are different issues that do not depend on each other. Custody and visitation are addressed in the Custody Plan issued during the divorce.

No, disability benefits are not seen as income in the child support calculation.

Yes, but paternity needs to be established first. This can be done by filing a Paternity case. Please review the paternity FAQS and the Paternity forms for more information on this process.

Yes, the child support amount can be modified if “material and substantial changes in circumstances” occurred after the order was filed. This could include losing a job or getting a higher-paying job. A substantial change is more than a 20% change in income, either higher or lower. 

Section 40-4-11.4 NMSA 1978

The New Mexico Child Support Enforcement Division can help you enforce a child support order. They can suspend the parent’s driver’s license, garnish tax refunds, place a hold on financial accounts, or request the court to issue a bench warrant. To contact CSED or find more information, please follow this link: https://www.hsd.state.nm.us/lookingforassistance/enforcement-remedies/

In New Mexico, child support generally ends when the child turns 18, as long as the child is not still in high school. Exceptions to this rule can occur in cases of disability or with a written agreement between the parents extending support beyond the age required by law. 

Section 40-4-11.1 NMSA 1978

If a parent in New Mexico is misusing child support payments, you can take several actions to address this issue. You can file a request with the Child Support Enforcement Division (CSED) or explore options for modifying the existing child support order. To learn more about what steps you can take with CSED, please visit the following website: https://www.hsd.state.nm.us/lookingforassistance/enforcement-remedies/