New Mexico Child Support Calculator
Uses NM Income Shares model — NMSA 40-4-11.1 combined gross income
Table of Contents
How New Mexico Calculates Child Support
New Mexico uses the Income Shares model under NMSA Section 40-4-11.1. The calculation considers both parents' gross income, subtracts allowable deductions to arrive at adjusted gross income, combines the adjusted incomes, and looks up the basic child support obligation from the guidelines schedule. Each parent's share is proportional to their contribution to the combined income.
New Mexico's guidelines are maintained by the Supreme Court and create a rebuttable presumption that the calculated amount is appropriate. The NM Human Services Department, Child Support Enforcement Division (CSED), administers the state's child support program and provides resources for establishing, modifying, and enforcing child support orders.
Income Under NMSA 40-4-11.1
New Mexico defines gross income broadly including wages, salaries, commissions, bonuses, self-employment income, rental income, interest, dividends, pensions, Social Security, unemployment, workers' compensation, alimony, trust income, and military pay. Allowable deductions include federal and state taxes, FICA, mandatory retirement, union dues, alimony paid, and prior child support obligations.
NM courts can impute income to parents who are voluntarily unemployed or underemployed. The court considers education, work experience, skills, and the local job market. Courts will not impute income to parents caring for children under age 6 in certain circumstances.
Shared Responsibility in New Mexico
New Mexico addresses shared responsibility (joint custody) when each parent has the children at least 35% of the time (approximately 128 days per year). In these cases, the guidelines provide an adjustment that accounts for the duplicated costs of maintaining two homes. Each parent's obligation is calculated separately, multiplied by an adjustment factor, and the obligations are offset. The parent with the higher adjusted obligation pays the difference.
Special Considerations
New Mexico has specific provisions for Native American tribal jurisdiction, as the state has 23 federally recognized tribes and pueblos. Child support cases involving tribal members may involve tribal court jurisdiction. NM also addresses military families, seasonal workers (particularly in agriculture and tourism), and self-employed individuals in the oil and gas industry. The state's unique demographic and economic characteristics influence how courts apply the guidelines in practice.
Modification and Enforcement
NM allows modification when applying current guidelines would change the support amount by 20% or more. Common grounds include income changes, custody changes, and changes in children's needs. Enforcement tools include income withholding, tax interception, license suspension, contempt, liens, bank levies, credit reporting, and passport denial. Child support in NM continues until the child turns 18, or 19 if still in high school.
NM combines both parents adjusted gross incomes and uses the guidelines schedule to determine the basic obligation
New Mexico Child Support Schedule
Below is a representative sample of the New Mexico child support schedule showing basic monthly obligations:
| Combined Monthly Income | 1 Child | 2 Children | 3 Children | 4 Children | 5 Children |
|---|---|---|---|---|---|
| $1,500 | $270 | $406 | $465 | $503 | $537 |
| $2,500 | $396 | $596 | $682 | $738 | $787 |
| $3,500 | $492 | $739 | $837 | $911 | $976 |
| $5,000 | $618 | $928 | $1,049 | $1,143 | $1,225 |
| $7,500 | $808 | $1,204 | $1,349 | $1,480 | $1,592 |
| $10,000 | $979 | $1,452 | $1,625 | $1,785 | $1,922 |
| $15,000 | $1,270 | $1,873 | $2,102 | $2,314 | $2,496 |
| $20,000 | $1,511 | $2,200 | $2,479 | $2,734 | $2,953 |