Asked in Child Support for New Mexico

Q: Upcoming hearing for child support modification my income has changed.

I went from earning $50k last year full time self employed to $10k this year part time working for someone else. I have requested a modification to support I pay due to difference in income. My ex has custody and is wanting me to report income my current husband has from rental properties. He actually wants to raise his current support of $674 monthly. We are looking into foster care to adopt and I plan to be a stay at home mom so I will keep just a part time. Can the judge force a higher pay since I'm only working part time?

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1 Lawyer Answer
Jeff Grandjean
Jeff Grandjean
  • Roswell, NM
  • Licensed in New Mexico

A: The Court does not count income of your new spouse towards child support. Your case could be a little more complicated though as since you are married it may not be entirely clear whose income that rental money is, I would need to know more of the details to give you a more complete answer. For example, if you are a co-owner of the home, that could complicate things. I would recommend you contact either myself or another family law attorney to discuss the matter in more detail.

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