This post is the fifth in a series on making and modifying child support agreements in New Mexico. If you haven’t read parts 1-4 yet, I recommend you do before continuing.
What qualifies as a material change in circumstances?
Even well crafted child support agreements may have to be modified when circumstances change.
Changes that may qualify as a material change in circumstances include a substantial change in income for one or both parents, a significant change in expenses for the child or children, or changes in custody or visitation schedules. In order for the change to be significant enough for the court to consider it a material change in circumstances, it must change the calculated amount of child support by at least 20%.
Once you’ve established that the change in circumstances will change the amount of child support by at least 20%, the next step is to contact your caseworker with the New Mexico Human Services Department. You’ll need to provide relevant documents that prove the material change in circumstances. This might mean your tax returns, a letter from an employer about a change in job status, pay stubs, receipts for expenses, documentation of financial burden due to illness or disability, receipts for health insurance premiums or childcare expenses, or documentation of a change in custody or visitation schedule.
Completing the child support agreement modification
If the documents you submit confirm that the change in circumstances qualifies as material and both parents agree to the modification of support, then everything is good to go and the court will modify the agreements. Oftentimes; however, the parents will disagree about the terms of the modification, or whether there should be a modification at all.
Check back soon for Child support in New Mexico – making and modifying agreements, resolving disputes – part 6. In the meantime, check out our page on child support in New Mexico.