Even if the non-custodial parent lives outside the state of New Mexico, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and New Mexico child support law to collect regular and past-due payments.
The New Mexico Child Support Enforcement Division is the state-run child support enforcement office for New Mexico. The New Mexico Human Services Department is required by federal law to provide services through Child Support Enforcement Division (CSED) and is funded by the federal government and the state of New Mexico.
|NEW MEXICO CHILD SUPPORT ENFORCEMENT DIVISION CASELOAD STATISTICS1|
|Full Time Equiv. Staff||364|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
New Mexico law makes provisions to charge interest on late child support payments, adjudicated arrears, and retroactive support. The rates are set at the court's discretion.
The statute of limitations for enforcement of child support orders in New Mexico is 14 years of age.
In New Mexico, paternity must be established by age 21.
The age of emancipation in New Mexico is 18 years of age. (Section 40-4-7 (b)(3)(b))
Support orders may continue to 19 years of age if the child is still in high school.
New Mexico's child support guidelines provide a range of amounts based on both parents' gross monthly income, a comparative percentage of each parent's income, a number of related expenses (child care, health and dental coverage), the number of children involved.
Circumstances that create a substantial hardship in the obligor, obligee or children may justify a change upward or downward from the amount that would otherwise be payable under the guidelines. Any change is determined by the court.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.