New Mexico Child Support

The parent paying support is not able to deduct the amount on their taxes in New Mexico.

Support payments are not considered a taxable income for parents receiving the support.

Support payments are paid after income taxes have already been paid.

Yes. Federal tax returns can be withheld when a parent with a support order is delinquent on payments. If you are making your payments on time, then your tax return will not be seized.

Paternity may be established through marriage. Husbands automatically have legal paternity for children born during the marriage. Unmarried parents can choose to voluntarily file an acknowledgment of paternity with the Vital Statistics Bureau or file a court action to establish paternity through a DNA test.

A father who is not on the birth certificate and isn’t married to the mother will have no legal parental rights.

Mothers may try to block a father’s attempts to establish paternity or take genetic tests, but New Mexico’s courts will uphold a father's right to a paternity test when he seeks a court order.

If the father is deceased, then establishing paternity may be more complicated. The parent or child will need to petition the court for genetic testing of the father’s family members, but they will only do this when there is a valid and reasonable reason why paternity should be established after the father’s passing.

While a mother’s consent is preferable, sometimes fathers need to petition the court for a paternity test. Fathers can get testing done without their consent when the court orders it.

An affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.

Yes. Support orders can be modified when circumstances justify a change in the amount of financial support required for the child or the amount the parent has the ability to pay.

Parents in New Mexico are granted a modification when there has been a change of 20 percent or more in the financial status of one of the parents. Courts will review the request and make the appropriate adjustments.

When circumstances have substantially changed, parents can request a modification of support by petitioning the court.

Support orders are not usually appealed.

No. Parents are not required to hire legal counsel in order to request a modification of their court-ordered support.

Enforcement is not immediate, but it is very effective when it is put into motion.

If you aren’t receiving payments, then you should immediately consult with the New Mexico Child Support Enforcement Division.

Enforcement actions may include but are not limited to wage garnishment, revocation of drivers license and arrest.

The Federal Deadbeat Parent Punishment Act defines the act of willfully failing to pay support for over two years a felony offense.

In most cases, support debt won’t be forgiven, so it’s important to keep on top of payments.

File a modification request with the court.

18 if the child has graduated high school; otherwise, 19.

A parent cannot stop a support obligation because the right to support belongs to the child. Even adult children can pursue delinquent support payments that were never received in childhood.

Child support obligations end when the child reaches the age of 18 and has graduated high school. If the child has not graduated high school, the obligation terminates at age 19.

18 if the child has graduated high school; otherwise, 19.