In New Mexico there are very specific guidelines that have been developed when considering child support, child support payments, or child support enforcement. The Child Support Enforcement Division of the New Mexico Human Services Department is where most of the forms and support will come from, and is the department where you will file your petition for support. They work solely on child support and do not deal with custody or settlement issues.
Before You Can Apply for Child Support in New Mexico
Before applying for child support in New Mexico you must have finalized your divorce. In most cases, in the course of the divorce proceeding, financial affidavits have been declared showing both parents’ incomes pre-tax. Custody will also have been established. These two issues (custody and income) are critical factors in determining the amount of child support that will be required from both parents. Traditionally, the non-custodial parent (child does not live with you a majority of the time) is the parent that must make actual payments to the CSED, or directly to the primary parent (person that the child lives with a majority of the time). This can be accomplished online, via check, or direct deposit from a withholding procedure from a paycheck every two weeks.
Applying for Child Support in New Mexico
Once you have the financial affidavits from both parents, as well as social security cards for any children for whom you are applying, you are ready to fill out the application. This can be done in several ways. You can download the PDF form, fill it out and mail it in, or apply in person. The link to the form can be found on the government website: http://www.hsd.state.nm.us/csed/
The form can also be submitted 24/7 via the website: www.childsupport.hsd.state.nm.us
If you are already receiving state subsidies then you have a case already and have already been collecting child support via the federal government. Money paid in to the program will go straight toward that. However, if you are not a part of TANF, then you can apply to CSED for services. There is a 25$ fee for them to take care of it for you, but well worth the expense. You need to determine, in this case, how involved you want the CSED to be. A Non-IV-D case is where you request to have the child support to be withheld from your former spouse’s paycheck. The request for this must be completed and given to the CSED who will contact the employer on your behalf. The form is located here: http://www.hsd.state.nm.us/csed/
Child Support Calculations in New Mexico
Child support is based upon the gross (pre-tax) income of both parents, but it will be the non-custodial parent’s responsibility to send payment to the CSED or directly to the primary custodian. If you would like to know what sort of payments you are looking to receive or pay, there is a quick calculator tool that you can use: http://www.alllaw.com/calculators/childsupport/new_mexico/ Keep in mind that this is just an estimator tool and is not an exact amount. The exact amount will be determined by the court, who may take into account your current situation, medical and health insurances, resources of parents and child, as well as the age of the child.