New Mexico Family Law Index 3

About: State Laws

Links to Family Law and Related Statutes in New Mexico

All New Mexico Statutes:

New Mexico Domestic Affairs Laws (Chapter 40) includes:


  • Dee

    My ex-husband will have our children for 4-6 weeks this summer. He is proposing that he not pay for one month of child support while they are with him as he has quit his part time job and has decided to return to school and has less money coming in. On their first extended summer visit a few years ago our children visited him for about 3 weeks. At the time, the child support/parenting plan was fairly new and my ex-husband had recently resigned from his job and implied that it would be a hardship for him so I agreed to him only paying half of the court ordered amount. I have since found out that child support is usually paid by the noncustodial parent when the child is with the noncustodial parent for extended visits. From what I understand, the reasoning is that major expenses (rent, mortgage, utilities, insurance, etc) still have to be paid whether the child is with the custodial parent or not so the child support is paid in full in order for the custodial parent to maintain these things for the child.
    I thoughts are that if he feels as though he is unable to afford the child support amount set by the court then he should make arrangements to modify the child support so that it is better suited to his income. My concern is if we don’t have it taken care of the right way the first time there will only be future problems with him paying the full amount on time in the future.

    Is he required to pay me child support over summer while our children are with him or would it be best for him to modify the child support so in the long-run it’s better suited for his income?

    FYI: Our divorce/custody issues were not friendly. We have been ordered to communicate only via written correspondence and have had to go to court to settle almost ALL past issues as we usually disagree and have issues with he said/she said when communication by phone/in person.

  • Krystal

    as long as you have a order for child support to be paid every month he has to pay it. remember the person paying child support, your ex, has until the last day of the month to pay for that month but he still has to pay it NO MATTER WHAT. You can do a “Motion to Show Cause” which is telling the court that he is not paying on time and you want to know why be cause its every month that he is late. I’m going through the same thing. DONT AGREE TO ANYTHING i know its your child(rens) father but the way the courts see it is that you are not following the orders set forth by them and you can get in trouble later on down the road if you ex wants to push the matter. ALWAYS get everything in writing and sent to him through the mail and make sure he has to sign for it so it shows that he got it.

    and him tell you that he cant pay child support because its too much. that is a bunch of crap because all courts figure out how much you pay for child support by your income. and if your income changes at any time you have to report that change to the court with in 10 days of that change.


  • Meaghan

    My fiance’s ex has sole legal and physical custody of their 5 year old daughter. The other day I went to go visit her at school with mine and her dad’s 5 month old son. We only get her 4 days out of the month, and I wanted to meet her teachers and ask if I could get involved since the holidays are near. When her mother found out I had went to visit at the school she got very upset and said I needed to ask her for permission to go to the school and visit my soon to be step-daughter. My question is, do I need to ask her mother for permission every time I want to go visit my step daughter’s class?