New Mexico Divorce Laws

New Mexico Divorce Laws regarding Child Support

The Income Shares model is used in this state to calculate the amount of child support. As per this model, initially the total of income of both parents is found out. Then, the parent’s income is divided by this total to find out the percentage. Now, each parent is responsible to pay this percentage out of the total child support. The total child support is determined from the child support tables on the basis of the total income of the parents. Till the child graduates from high school, the child support continues if the child is attending high school, is less than 19 years of age and is liberated only by age. If there is a written agreement between the partners, it becomes possible to offer child support for the education and maintenance of liberated children after high school education is complete.

New Mexico Divorce Laws regarding Child Custody

The sex of the parent is not a deciding factor to award custody. The Court observes the assumption that the best interests of the child are fulfilled by joint custody. However, this does not mean that the child’s time will be divided equally amongst the parents or the financial responsibility of the child will be divided equally between the parents. The Court is guided by the following factors regarding allocation of child custody –

• In case the minor child has completed 14 years of age, then the wishes of this minor regarding whom this minor desires to reside are considered by the Court
• The physical and mental health of all the persons involved with the child
• The adjustment of the child in the community, in school and at home
• The relation and interaction of the child along with the siblings, the parents and any other individuals who considerably affect the best interests of the child
• The desires of the child regarding the custodian
• The desires of the parents regarding custody

Spousal support

The maintenance amount may be ordered by the Court on an indefinite, transitional or rehabilitative basis. Prior to determination of the amount, the Court speculates over the following issues –

• Whether the partners have made any agreements regarding legal separation or dissolution of marriage
• The valuation of the property separated for each partner after property distribution
• The type and nature of the liabilities and assets of the respective partners
• The period of marital life
• The standard of living reached during marital status
• The maintenance of medical insurance for each partner
• Whether the partner who would pay support has life insurance
• The attempts of the partners to become self supporting or continue employment
• The means of support, the health and the age of the respective partners

Change in name

An individual who resides in this state and has completed 14 years of age may file a petition in the District Court and obtain the order of the Court regarding change of his or her name.

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