Any deviation from the child support guideline amounts set forth in Section 40-4-11.1 NMSA 1978 shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate. Circumstances creating a substantial hardship in the obligor, obligee or subject children may justify a deviation upward or downward from the amount that would otherwise be payable under the guidelines.
History: 1978 Comp., § 40-4-11.2, enacted by Laws 1989, ch. 36, § 1.
Deviation from the child support guidelines.- It is error to deviate from the child support guidelines in calculating the parties' gross incomes except as authorized by statute or appellate case law, and it is also error to deviate from the child support guidelines in any manner without providing written justification for such deviation. Jury v. Jury, 2017-NMCA-036.
Where petitioner appealed the district court's denial of her motion to modify a 2010 child support decree that resulted from the dissolution of the marriage between petitioner and respondent, claiming that the district court's ruling resulted from its erroneous determination of the parties' gross monthly incomes and, by extension, child support obligations, reversal and remand for recalculation of the parties' gross monthly incomes was necessary to the extent that the district court improperly deviated from the child support guidelines in calculating the parties' gross monthly incomes and failed to specify the reasons for its decision in deviating from the child support guidelines. Jury v. Jury, 2017-NMCA-036.
Child's income. — In allowing a credit against basic child support for off-schedule sources of income, such as social security benefits paid directly to the child, this section requires the trial court to exercise its discretion on a case-by-case basis, with the child's standard of living a crucial factor. Pederson v. Pederson, 2000-NMCA-042, 129 N.M. 56, 1 P.3d 974.
Deduction of guardian fees from child support. — Guardian ad litem fees may not be deducted from child support. Grant v. Cumiford, 2005-NMCA-058, 137 N.M. 485, 112 P.3d 1142.
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