After divorce, a child should not lose the financial benefits of having two parents share a household, nor should one parent bear the sole financial responsibility for a child. Child support ensures that both parents equitably share the financial responsibility of raising a child.
CHILD SUPPORT LAWYER IN ALBUQUERQUE, NM
WHO GETS CHILD SUPPORT AFTER DIVORCE
Child support payments may be awarded to the mother or the father of the child. In most cases the recipient of child support is the parent who:
- Has primary physical custody of the child with the other parent having visitation less than 35% of the time
- Has physical custody of the child the majority of the time, calculated by the number of 24-hour days spent with each parent divided by 365
Child support payments may be abated if the payor has visitation periods that last longer than one month.
CALCULATING NEW MEXICO CHILD SUPPORT PAYMENTS
Calculating child support can be complicated as there are a number of factors to be considered, such as:
- Child custody and visitation arrangements
- Alimony paid or received
- Age and medical needs of the child or children
- Health insurance coverage for the child or children
- Earning capacity of both parties
Worksheets and guidelines for calculating child support can be found on the New Mexico Human Services Department website or the New Mexico Courts website.
WHY YOU NEED AN ALBUQUERQUE CHILD SUPPORT ATTORNEY
Child support is often a contested issue during divorce proceedings. Although the payments are intended to meet the needs of the child or children, some parties feel these payments are additional income for the other parent. To minimize what they pay, they may hide assets or misrepresent their income.
An attorney’s help is invaluable when calculating child support payments. A child support lawyer can investigate a party’s financial affairs to ensure that the disclosed gross monthly income accurately reflects all eligible income and assets. A child support lawyer can also help a client justify a financial hardship in the event that calculated child support exceeds 40% of gross monthly income or modify existing child support orders in the event of substantial changes to circumstances.
ABQ CHILD SUPPORT LAWYERS FOR WORKING PROFESSIONALS
Whether you have an established career or are building one to support you and your family, it is likely you do not have time for daily phone calls or office visits with your divorce lawyer. The attorneys at Terry & deGraauw, P.C. understand this, so they make it easy for working professionals to stay informed about their divorce and child support case using secure, cloud-based technology. Using the Clio case management system, clients can check the status of their case and correspond with their divorce lawyer online and at their convenience.
To speak to a family law attorney about your divorce and child support case, contact Terry & deGraauw, P.C. in Albuquerque for an initial consultation.