2013 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4 - Dissolution of Marriage
Section 40-4-11.1 - Child support; guidelines. (2008)

(1)   establish as state policy an adequate standard of support for children, subject to the ability of parents to pay;

(2)   make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and

(3)   improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards.

(1)   "income" means actual gross income of a parent if employed to full capacity or potential income if unemployed or underemployed.  Income need not be imputed to the primary custodial parent actively caring for a child of the parties who is under the age of six or disabled.  If income is imputed, a reasonable child care expense may be imputed.  The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after remarriage; and

(2)   "gross income" includes income from any source and includes but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided:

(a)   "gross income" shall not include benefits received from means-tested public assistance programs or child support received by a parent for the support of other children;

(b)   for income from self-employment, rent, royalties, proprietorship of a business or joint ownership of a partnership or closely held corporation, "gross income" means gross receipts minus ordinary and necessary expenses required to produce such income, but ordinary and necessary expenses do not include expenses determined by the court to be inappropriate for purposes of calculating child support;

(c)   "gross income" shall not include the amount of alimony payments actually paid in compliance with a court order;

(d)   "gross income" shall not include the amount of child support actually paid by a parent in compliance with a court order for the support of prior children; and

(e)   "gross income" shall not include a reasonable amount for a parent's obligation to support prior children who are in that parent's custody.  A duty to support subsequent children is not ordinarily a basis for reducing support owed to children of the parties but may be a defense to a child support increase for the children of the parties.  In raising such a defense, a party may use Table A as set forth in Subsection K of this section to calculate the support for the subsequent children.

(1)   "children of the parties" means the natural or adopted child or children of the parties to the action before the court but shall not include the natural or adopted child or children of only one of the parties;

(2)   "basic visitation" means a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time.  Such arrangements can exist where the parties share responsibilities pursuant to Section 40-4-9.1 NMSA 1978; and

(3)   "shared responsibility" means a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children of the parties spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.

(1)   for basic visitation situations, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet A and instructions contained in Subsection K of this section.  The court may provide for a partial abatement of child support for visitations of one month or longer; and

(2)   for shared responsibility arrangements, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet B and instructions contained in Subsection K of this section.

(1)   any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties.  Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year;

(2)   any extraordinary educational expenses for children of the parties; and

(3)   transportation and communication expenses necessary for long distance visitation or time sharing.