Child Support helping you begin again

Child Support Lawyer in New Mexico

Child support obligations can be challenging to calculate under New Mexico guidelines. Knowing when and how child support can be modified can be even more difficult. An experienced child support lawyer can protect your interests and ensure that support obligations are properly balanced for your family.

Time Spent Together Matters

One of the most important factors that influences child support obligations is the number of days your child lives with you during the year.

It is a good idea to keep track of actual living arrangements, because if they deviate substantially from your original parenting plan, that could provide grounds to modify support amounts.

Different formulas are used to calculate support depending on whether one parent has physical custody most of the time or whether physical custody is shared fairly evenly. When a child spends at least 35% of the time with each parent, then a parent’s support obligations are based on the percentage of time the child lives with them.

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Other factors that affect support amounts

The support amount is determined based on both parents’ incomes and the child’s needs. Factors considered include:

Parents’ employment potential
Allocation of expenses for medical and dental insurance
Costs for work-related childcare
Extraordinary medical, dental, or mental health expenses
Extraordinary educational expenses
Transportation expenses for long distance visitation

While it is possible to deviate from the guidelines, a court must have a good reason for doing so.

Modifying Child Support

Under Section 40-4-11.4 of the New Mexico Code, courts are not permitted to modify a child support order unless one party presents evidence of “material and substantial changes in circumstances”-the trick is to know when a change in your situation amounts to something “material and substantial.”

If a change in income or expenses is great enough that it would result in a difference of 20% or more from the current level of support, that change is enough to justify modifying support obligations. Of course, there may be other situations where a skilled child support lawyer can justify a modification, but at least one year must have passed since the court set the current order.

Child Support

When parents with minor children divorce, the court requires the parties to address the issues of child support for the children. New Mexico child support guidelines are based upon the combined gross income of both parents. When the combined income is high, child support must be determined on a case-by-case basis. This involves establishing the certain defined needs of the child, including the lifestyle that they have enjoyed and the amount of time that they have spent with each parent.

The attorneys at Batley Riley Family Law, P.A. have extensive experience in the careful preparation and presentation of evidence required to ensure a fair and reasonable child support award. Our attorneys are extremely knowledgeable and skilled advocates in all child support issues.

Contact our attorneys to learn how we can help you determine your child support recommendations efficiently while serving the best interest of your children.

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Contact a New Mexico Child Support Lawyer For Help

Whether you are preparing to establish child support obligations, want to make modifications, or disagree with a proposed modification, representation from a knowledgeable child support lawyer at Batley Riley Family Law can make all the difference in the outcome.

Call our Albuquerque office today at (505) 576-7296 or fill out this contact form to take the next step toward scheduling your confidential case evaluation.

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