Blog Post

New Mexico Child Support

Posted by: S. Matthew Torres
November 03, 2010
Topic: The FLF Staff Talks Here!!

So this blog comes on the heels of a very successful day at the CSED office on Tijeras NW.

While I appreciate and am grateful that the Hearing Officer assigned to my case that day did listen to our argument, both in law and in equity, I am still confounded with the state of child support law as it exists today. How can it be fair to litigants, both men and women, to base child support on gross monthly income? Does the legislature not understand that almost every man and woman has expenses that they must pay EVERY month? Do our law makers, nationwide, not care that the existing child support formula does not account for things like school uniforms, school lunches, soccer uniforms, soccer tournament fees, hotel and rental car fees associated with out of state tournaments? It is wholly unreasonable to expect a noncustodial parent to pay child support based solely on five factors (his or her gross monthly income, the other parent's gross monthly income, whomever provides health, dental and vision insurance, whomever pays for daycare or school tuition and lastly, the catch-all provision, the child's additional monthly expenses). And it is that last factor, the "additional expenses" that is the subject of the most debate and manipulation. What is or is not an additional expense is vague and ambiguous. I guess thats where the lawyer comes into play. Anyway, there should be a push to add an exception to using the cold and unforgiving gross monthly income, especially when there are a ton of deductions coming out of someone's pay. The only way around gross monthly is to be self employed, then theoretically you can use your net monthly income, yet the Court and opposing party will questions those "expenses" until the cows come home. There has to be a reasonable middle ground. But as of right now, there is not.

S. Matthew Torres, Esq. The Family Law Firm, P.C. 500 Marquette Ave., NW, Suite 600 Albuquerque, NM 87102; 505.245.7200 phone; 505.245.7300 fax