This post is the fourth in a series on making and modifying child support agreements in New Mexico. If you haven’t read parts 1-3 yet, I recommend you do before continuing.
Making the child support agreement (continued)
The New Mexico CSED also has a worksheet available on their website that will allow parents to make the basic child support calculations. If the couple is pursuing a traditional, litigated divorce, the court will use the available information to make a determination on support. If the couple opts for divorce mediation or collaborative divorce, they will negotiate the agreement between themselves using the same basic criteria. However, making the agreement will be entirely up to them. Studies have shown that support agreements made by the parties themselves, rather than imposed by a judge, tend to be followed more frequently and hold up longer. People are more likely to obey an agreement that they played a major part in crafting.
Modifying a child support agreement in New Mexico
Even when everything is done right in making a support agreement, sometimes they still end up needing to be modified. The process for modifying a support agreement depends on how the agreement was made in the first place. If the agreement was made through an ADR method, like divorce mediation or collaborative divorce, then that same method can be used to renegotiate the agreement. On the other hand, if the original agreement was imposed by the courts in a traditional, litigated divorce, then any modifications will generally need to be litigated as well.
Material change in circumstances
In order to avoid having to re-litigate every child support agreement over every minor change, which would flood the already overcrowded court system, the courts require a material change in circumstances in order to modify a child support agreement.
Check back soon for Child support in New Mexico – making and modifying agreements, resolving disputes – part 5. In the meantime, check out our page on child support in New Mexico.