Child custody and child support are two of the most critical aspects of family law cases in New Mexico. Many parents assume that the parent with primary custody automatically receives child support, while the non-custodial parent always pays. However, child support obligations are determined by a variety of factors, including the type of custody arrangement, each parent’s income, and the child’s specific needs.
At Genus Law Group, we help parents understand how custody impacts child support, how payments are calculated, and what options exist for modifying support as circumstances change. Below, we break down the connection between custody and child support in New Mexico.
How Custody Affects Child Support Obligations
New Mexico law prioritizes the best interests of the child when determining custody and support arrangements. Custody is divided into two types:
- Legal custody – The right to make major decisions regarding the child’s upbringing, including education, healthcare, and religion.
- Physical custody – Where the child primarily resides and which parent is responsible for daily care.
The amount of child support a parent must pay is heavily influenced by the physical custody arrangement. The more time a parent spends caring for the child, the more financial responsibility they bear, which can reduce or eliminate the need for child support payments.
Common Custody Arrangements and Their Impact on Child Support
1. Sole Physical Custody
When one parent has sole physical custody, meaning the child primarily lives with them, the non-custodial parent is usually required to pay child support. This payment helps cover the child’s basic needs, such as housing, food, healthcare, and education. The amount of support is based on the New Mexico Child Support Guidelines, which consider the paying parent’s income, the number of children, and additional factors like medical expenses or daycare costs.
2. Joint Physical Custody
In joint physical custody arrangements, both parents share significant time with the child. In these cases, child support is not necessarily eliminated, but the payments may be lower compared to sole custody arrangements. The amount paid depends on:
- Each parent’s income and financial contribution to the child’s needs
- The number of overnight stays the child spends with each parent
- Additional expenses such as health insurance, school fees, and extracurricular activities
If both parents have similar incomes and share time equally, neither may be required to pay child support. However, if one parent earns significantly more than the other, the higher-earning parent may still be required to pay child support.
3. Split Custody
Split custody occurs when multiple children are involved, and each parent has primary custody of at least one child. In these cases, child support obligations may be adjusted based on each parent’s income and the number of children in their care. Instead of one parent paying a set amount, courts often determine a net payment difference, where the higher-earning parent compensates the other for childcare expenses.
How Child Support Is Calculated in New Mexico
New Mexico uses the Income Shares Model to calculate child support. This model assumes that both parents are financially responsible for their child, just as they would be if they were still together.
Key factors in determining child support payments include:
- Each parent’s gross income (before taxes and deductions)
- Overnight custody percentages for each parent
- Medical insurance costs for the child
- Childcare or daycare expenses
- Special needs or extraordinary expenses (e.g., educational or medical costs)
The court inputs these factors into a formula based on the New Mexico Child Support Guidelines to establish the appropriate amount. An attorney can help ensure that the calculation is fair and accurate, especially if a parent’s income fluctuates or unique circumstances apply.
Can Child Support Be Modified If Custody Changes?
Yes. Since custody arrangements directly impact child support, any significant change in custody can lead to modifying child support orders. Some common reasons for modifying child support include:
- A change in parenting time – If the non-custodial parent begins to have the child for more overnight stays, they may be eligible for a reduction in child support.
- A parent loses or gains employment – If either parent experiences a substantial income change, child support may be adjusted accordingly.
- The child’s needs change – If the child requires additional medical treatment, therapy, or specialized education, support payments may need to be increased.
- Relocation of a parent – If one parent moves out of state, it may impact custody and the overall financial responsibilities of each parent.
Either parent can request a modification through the New Mexico family court system. However, the court will only approve modifications if there is a significant change in circumstances that justifies the adjustment.
What Happens If a Parent Fails to Pay Child Support?
Child support is a legal obligation, and failure to pay can lead to serious consequences. If a parent falls behind on payments, the receiving parent can seek enforcement actions through the court. These may include:
- Wage garnishment – Withholding child support payments directly from the paying parent’s paycheck.
- Tax refund interception – Redirecting tax refunds to cover unpaid child support.
- Suspension of driver’s or professional licenses – Some parents may have their licenses revoked if they fail to comply with court-ordered support payments.
- Contempt of court – In severe cases, a parent may face fines or jail time for failing to pay child support.
If you are struggling to make payments, it is crucial to seek a modification rather than simply stop paying. Courts are more likely to work with parents who demonstrate financial hardship and attempt to adjust payments legally.
How an Attorney Can Help with Custody and Child Support
Navigating the complexities of custody and child support in New Mexico can be challenging, especially when disputes arise. An experienced family law attorney can:
- Ensure child support calculations are accurate and fair based on income and custody arrangements
- Advocate for the best custody arrangement that aligns with the child’s best interests
- Assist with modifying support orders if circumstances change
- Enforce child support payments if the other parent is failing to meet their obligations
- Negotiate agreements outside of court to help both parents reach a resolution without unnecessary litigation
At Genus Law Group, we work closely with parents to ensure their rights are protected and that child support agreements are fair and legally sound.
Contact Genus Law Group Today!
Custody and child support are closely linked, with the type of custody arrangement playing a major role in determining financial obligations. Whether you are seeking a new custody order, modifying child support, or enforcing an existing agreement, having an experienced family law attorney can help ensure the best outcome for you and your child.
If you need help with custody or child support in New Mexico, contact Genus Law Group at 505-317-4455 or Contact Us through our website today for a consultation. Let us help you navigate the legal system and find a solution that works for your family.
