Hobbs, NM asked in Family Law and Child Support for New Mexico

Q: I'm a stay at home mom. How will this affect the child support for my son?

I have been divorced for four years and have been working that entire time. Recently I moved across the state with my SO and I am now a stay at home mom. We are not married yet. My ex husband has not been paying child support for some time and I want to take it to court. I would like to know how my SOs income affects child support the child support because I'm looking to be fair. Does his income count as my own for the purpose of child support?

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1 Lawyer Answer

Jeff Grandjean

Answered
  • Roswell, NM
  • Licensed in New Mexico

A: In New Mexico no one's income counts towards child support except for the actual parents, so your new partner's income would not count, even if you got married. As for your income, the court could do one of a number of things, they could use your old income since you voluntarily became a stay at home mom, or they could simply use full time minimum wage for you which is what is often done if someone is not working. If one of your shared children with your ex is under the age of six, the Court also has the option of using a zero figure for your income, but that is in the court's discretion. I would recommend you contact an experienced family law attorney, such as myself or someone else here on Justia to discuss your options further.

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