How Child Support Is Calculated in New Mexico

New Mexico's guidelines calculate a basic child support obligation from the combined gross income of both parents using a schedule set by the state, and each parent pays a proportional share; shared-responsibility situations are adjusted by the days each child spends with each parent. The guideline amount is a rebuttable presumption, and any deviation must be explained. The courts provide an online child support calculator.

To apply for full services from the Health Care Authority's Child Support Services Division (CSSD), complete the application and mail or take it to your local field office, or apply online. Full services may include wage withholding, liens, tax refund intercepts and civil contempt. A separate application is available for Income Withholding Only (pass-through) services if you already have a court order allowing income withholding.

According to the New Mexico Judiciary's self-help guide, child support generally ends when the child turns 18, as long as the child is not still in high school. Exceptions can apply for a child with a disability or when the parents sign a written agreement extending support beyond the age required by law.

A modification may be warranted when circumstances change, such as a substantial change in either party's income, incarceration of the paying parent for more than 6 months, changes in the child's expenses, or changes in custody or visitation; the change must produce a 20% increase or decrease in the support obligation. To request one through CSSD, contact your caseworker and provide documentation (such as employment changes or illness or disability). A change takes effect only through a stipulated order filed with the court or after a court hearing. If CSSD will not file, you can ask the court yourself with help from the court's self-help office.

When CSSD does not receive complete and timely payments, it may send a letter to the paying parent; garnish wages; suspend driver's, professional, hunting and fishing or other licenses; intercept state and federal tax refunds; intercept lottery or gaming winnings; report arrears to credit bureaus; place liens on bank accounts and property; prevent passport renewal; pursue civil contempt and a bench warrant through the court; and refer cases for state or federal criminal prosecution. A parent can dispute an action by requesting an administrative hearing (CSSD Customer Service: 1-800-283-4465).

New Mexico's child support agency is the Child Support Services Division (CSSD) of the New Mexico Health Care Authority. For full services (including enforcement through wage withholding, liens, tax refund intercepts and civil contempt), complete the Full Services application (Form 538, also in Spanish) and mail or take it to your local field office, or apply online. A limited Application for Payment Processing Service is available when a court order already allows income withholding; CSSD then collects payments from the employer and distributes them. The NM Child Support Online Portal is at yes.nm.gov. Consolidated Customer Service Center: 1-800-283-4465.

The New Mexico Courts publish an online Child Support Calculator (titled "2024 Child Support Calculator"), linked under "Calculate your child support" on the courts' Child Support forms page, along with the child support court forms.