Denver, CO asked in Family Law for New Mexico

Q: What is the 20 percent increase rule and if they make a under 20 percent raise is it ordered to be adjusted.

If its a 18 percent raise when will it be calculated into support if at all?

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1 Lawyer Answer
Gary William Boyle
Gary William Boyle
  • Santa Fe, NM
  • Licensed in New Mexico

A: I assume you are referring to rules regarding modification of child support. Child support can be modified when a party can demonstrate a significant change in circumstances. The statutes provide that there is a significant change in circumstances when the amount of child support has changed by 20% and more than one year has passed since the Court last entered an order establishing child support. Note that the 20% applies to the amount of support rather than to the amount of either party's income and would take into account other changes in the inputs to the child support worksheets.

A party can argue that there is a significant change in circumstances even if the change results in less than a 20% change in the child support obligation.

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