New Mexico Child Support
How to Apply For NM Child Support?
The Federal Child Support Enforcement Act of 1988 established New Mexico’s Child Support Enforcement Division (CSED) which assists residents of the state in creating, establishing and enforcing child support orders. Parents can apply for support by filling out an application for full services with the CSED. Paternity will need to be established and custody arranged before calculating a support order amount. Judges will utilize state guidelines, worksheets and both parents’ financial information to come to a reasonable amount of support parents will contribute to raising the child. New Mexico wants to ensure that all parents take their responsibility to financially support their child seriously. Download Forms.
How is Child Support Calculated in New Mexico?
New Mexico’s courts base their support calculations on a number of factors including both parent’s financial status, the number of children in need of support and the monthly expenses associated with health care and childcare.
How To Claim and Pay Child Support?
Payments can be made through automatic withdrawal from your bank account, direct deposit or via a prepaid debit card account. Parents receiving the funds may have the finances deposited directly in their account, mailed through the postal service or processed on a prepaid debit card.
Child Support Performance Stats for New Mexico
Sadly, around 46 percent of families in New Mexico are not receiving payments from their court ordered support. In 2013, the state collected $39,218,992.00 in support but the total arrearages amounted to around $712,014,475.00.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
| Performance Measures | 2012 | 2013 | 2014 | 2015 | 2016 |
|---|---|---|---|---|---|
| Statewide Paternity Establishment (%) | N/A | N/A | N/A | N/A | N/A |
| IV-D Paternity Establishment (%) | 98.91 | 103.08 | 110.74 | 98.17 | 97.47 |
| Support Order Establishment (%) | 81.7 | 83.84 | 81.01 | 84.12 | 83.67 |
| Cost-Effectiveness ($) | 3.02 | 3.04 | 3.37 | 3.14 | 3.26 |
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
| 2012 | 2013 | 2014 | 2015 | 2016 | |
|---|---|---|---|---|---|
| Total Distributed Collections ($) | 112.17 | 114.84 | 118.65 | 121.81 | 121.49 |
| Total Distributed to Families ($) | 103.99 | 107.44 | 111.96 | 115.31 | 115.26 |
| Total Administrative Expenditures ($) | 40.81 | 42.49 | 38.44 | 42.61 | 41.37 |
Average Collections per Case with Collections
Can The Child Support Be Paid Off Early?
It is possible to pay off support payments in a lump sum, but this action is generally not advised. If the other parent’s or your financial status changes, then payment amounts might be modified in the future.
What Will Happen if You Fall Behind NM Child Support Payment?
- Withholding income
- Seizure of bank accounts
- Withholding of federal tax refunds
- Suspension of driver’s license
- Liens against property
- Criminal charge of contempt of court
Can You Get Alimony and Support at The Same Time?
New Mexico does award alimony in cases where one spouse needs financial support. This party can collect support payments at the same time.
Can You Stop The Support Payments?
No, support payments shouldn’t stop until the child reaches 18 and has graduated high school, joins the military, gets married, becomes emancipated or perishes.
Child Support and Taxes
New Mexico’s courts hold the authority to determine which parent can claim the child as a dependent for tax purposes when the parents can’t come to an agreement on their own. This decision will impact which party gets the benefit of tax exemptions. Most often, courts will allow the custodial parent to claim the exemption unless another route would serve the best interests of the child.
Can You Claim NM Child Support Payments On Your Taxes?
The parent paying support is not able to deduct the amount on their taxes in New Mexico.
How Does My Child Support Affect My Taxes in New Mexico?
Support payments are not considered a taxable income for parents receiving the support.
Can Child Support Be Taken Pre-tax?
Support payments are paid after income taxes have already been paid.
Can Child Support Take My Federal Tax Return?
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 Establishment
Support orders cannot be filed until paternity is established. Paternity means legal fatherhood of a minor child. When unmarried couples have children, the child won’t have a legal father until parental rights are established either through voluntary acknowledgment forms or through a court decision. Children, mothers, and fathers all have a right to know who is biologically and legally obligated to fulfill their parental duties.
How Do I Establish Paternity in New Mexico?
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.
What Rights Does a Father Have if Not On Birth Certificate?
A father who is not on the birth certificate and isn’t married to the mother will have no legal parental rights.
Can a Mother Refuse Me Paternity Test?
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.
How to Establish Paternity if The Father is Deceased?
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.
Can a Father Get a Paternity Test Without The Mother?
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.
How Long Does a Father Have to Establish Paternity in New Mexico?
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.
Support Order Establishment
Once paternity is established, courts will arrange each parent’s custodial and financial obligations. New Mexico believes that parents should proportionately divide the costs of supporting the child according to each party’s financial status. Usually, the non-custodial parent will make payments to the custodial parent until the child reaches their 18th birthday.
State Child Support Orders
These state-ordered child support payments are mandatory for the non-custodial parent. Parents cannot stop making payments even when the other parent fails to uphold other agreements. New Mexico courts strongly believe that each child has a right to this financial support, so they will enforce orders through penalties when parents become delinquent on payments.
Can The Support Be Modified?
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.
How Do I File For a Modification of Child Support?
When circumstances have substantially changed, parents can request a modification of support by petitioning the court.
Can a Support Order Appealed?
Support orders are not usually appealed.
Do You Need a Lawyer to Modify the Support?
No. Parents are not required to hire legal counsel in order to request a modification of their court-ordered support.
Child Support Enforcement
How Long Does the Child Support Enforcement Take?
Enforcement is not immediate, but it is very effective when it is put into motion.
What To Do When The Support is Not Paid?
If you aren’t receiving payments, then you should immediately consult with the New Mexico Child Support Enforcement Division.
What Happens if I’m Not Paying Child Support?
Enforcement actions may include but are not limited to wage garnishment, revocation of drivers license and arrest.
How Much Overdue Child Support Payment Can be Considered a Felony?
The Federal Deadbeat Parent Punishment Act defines the act of willfully failing to pay support for over two years a felony offense.
Can Child Support Debt be Forgiven?
In most cases, support debt won’t be forgiven, so it’s important to keep on top of payments.
Support Order Termination
How Do I Stop a Child Support Order?
File a modification request with the court.
When Can I Apply for Child Support Termination?
18 if the child has graduated high school; otherwise, 19.
Can the Custodial Parent Close a Child Support Case?
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.
When Can I Stop Paying Child Support?
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.
New Mexico Hearing Rights
In New Mexico, every father, mother or child has a right to a paternity hearing, support hearing or a modification request hearing when they qualify for a review.
NM Child Support Guidelines
New Mexico’s child support guidelines follow the belief that both parents are equally responsible for the financial support of the child. Support is calculated based on both parent’s income, the number of children shared between the parents and the appropriate deductions.
NM Child Support Coverage
What Does Child Support Actually Cover?
Support is meant to cover the basic expenses of raising a child. These expenses include clothing, shelter, food, healthcare, dental insurance, educational expenses, and childcare under New Mexico child support laws.
Does Child Support Cover Medical Care Expenses?
Basic medical care is covered under support agreements. Uninsured and extraordinary medical expenses are covered in excess of one hundred dollars each year.
What if Both Parents are Working, Will Child Support Cover Child Care Services?
Yes, reasonable childcare costs incurred as a result of the parent’s job search or employment will be paid by each parent in proportion to their income in addition to the support order.
Are Car Maintenance Costs Covered by Child Support?
Transportation costs are not covered by the basic support obligations, but it may be included when the transportation is necessary for time-sharing or visitation purposes.
What is Considered Basic Entertainment for Child Support?
Basic entertainment includes age-appropriate activities such as movie theater tickets, amusement park trips, trips to museums, access to the internet and computers.
Are College and School Expenses Covered by Child Support?
The legal obligation for support ends when the child turns 18, so usually, college support isn’t enforceable unless the parents previously made a written agreement to share these expenses.
Yes, basic educational expenses are included in the overall support order amount. Extraordinary educational needs might also be included depending on your child’s circumstances.
Are Extracurricular Activities Covered by Support?
Extracurricular activities are usually not included in support arrangements, but parents are expected to split the costs of such expenses as they come up.
New Mexico Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| Child Support Enforcement Center | Santa Fe, NM | Child.Support@state.nm.us | (800) 585-7631 | https://elink.hsd.state.nm.us/ |
County Child Support Offices in NM
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Dona Ana County | Dona Ana County, NM Las Cruces Child Support and Social Service Office | 653 Utah Ave, Las Cruces, NM 88001 | Child.Support@state.nm.us | 1(800) 288-7207 | http://www.hsd.state.nm.us/LookingForAssistance/Field_Offices.aspx |
| San Juan County | San Juan County, NM Farmington Child Support and Social Service Office | 1800 East 30th St., Farmington, NM 87401-8940 | Child.Support@state.nm.us | 1(800) 288-7207 | http://www.hsd.state.nm.us/LookingForAssistance/Field_Offices.aspx |
| McKinley County | San Juan County, NM Farmington Child Support and Social Service Office | 1800 East 30th St., Farmington, NM 87401-8940 | Child.Support@state.nm.us | 1(800) 288-7207 | http://www.hsd.state.nm.us/LookingForAssistance/Field_Offices.aspx |
Download Child support Forms for New Mexico
| Title | Number |
|---|---|
| Child Support Enforcement Division | CSED 538 |
| Parenting plan and child support obligation | 4A-313 |
| Child support obligation and order | 4A-303 |
| Petition for Order Appointing Kinship Guardian | Form 4-981 |