This post is the second in a series on making and modifying child support agreements in New Mexico. If you haven’t read part 1 yet, I recommend you do before continuing.
How are child support agreements made in New Mexico? (continued)
If the divorcing couple opts for a traditional, litigated divorce, then the agreement will be determined by the courts rather than the parties. Of course, if one of the parties doesn’t like the terms of the agreement, they can pay their lawyer to fight it. However, unlike spousal support, child support is not a discretionary award. This means that the amount of support to be paid and the support schedule are determined by a set of existing policies and rules that are fairly set in stone. For this reason, it is uncommon for courts to agree to modifications of the terms of support that are much different than what they originally proposed.
How is the amount of support determined in New Mexico?
Whether you’re negotiating support through alternative dispute resolution or going through a traditional, litigated divorce, the factors that affect the amount of support to be paid are very similar. In no contest divorces, that is, divorces where disputes are resolved outside the court system, the courts will look at the same set of child support variables that they would have if they had made the agreement themselves. Let’s take a look at some of the factors that influence the amount of child support awards in New Mexico:
The best interests of the child – the principle of the best interests of the child guides all decisions New Mexico courts make about children, including child custody and support.
Check back soon for Child support in New Mexico – making and modifying agreements, resolving disputes – part 3. In the meantime, check out our page on child support in New Mexico.