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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In New Mexico, the child support guidelines are used to determine the amount of child support a parent must pay. However, if a court finds that a parent is intentionally unemployed or underemployed, it has the authority to impute income to that parent. This means the court can calculate child support based on what the parent could earn, rather than what they are actually earning. The purpose of this is to prevent a parent from avoiding their child support obligations by deliberately earning less than their potential. The court will consider factors such as employment history, education, and the local job market to determine the appropriate amount of imputed income. This ensures that the child support payments serve the best interests of the child, reflecting the parent's ability to pay rather than their current earnings alone.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Child support

unemployment/underemployment

Articles