If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).
In New Mexico, if a parent fails to make court-ordered child support payments, the custodial parent can file a motion for contempt of court. This legal action is taken when the non-custodial parent disobeys the court's order, showing a disregard for the legal obligation to support their child. The consequences of being found in contempt can be severe. The court may order various enforcement measures, including garnishment of wages, seizure of property, suspension of driver's or professional licenses, and interception of tax refunds. Additionally, the non-compliant parent may be required to pay the other parent's attorney fees and court costs associated with the contempt motion. In extreme cases, where there is willful and repeated non-compliance, the court may impose jail time as a form of criminal contempt. Furthermore, the non-custodial parent could face a modification of custody or visitation rights as a result of failing to fulfill child support obligations. It's important to note that enforcement measures are intended to compel compliance with child support orders and ensure that the child's needs are met.