Question:

Answer:

When you get a divorce or a separation, there are two major decisions that need to be made about your children:

1. what form of custody you will have; and,

2. what timesharing arrangement you will have with your spouse.

Legal custody determines who has the power to make major decisions about the children, such as the school the children will attend, what doctor is used, and what recreational activities the children will take part in. Legal custody does not determine how much time the children will spend with each parent.

There are two types of legal custody: joint custody and sole custody. Joint custody means that both parents have a say in major decisions in their children's lives and must work together to make these decisions. The judge will presume that joint custody is in the "best interests" of the child. This means that the judge assumes that it is best for the children to have both parents actively involved in making major decisions for their children. While joint custody does mean that both parents make major decisions, joint custody does not mean that each parent will spend an equal amount of time with a child child – in other words it does not mean 50/50 timesharing. Oftentimes, one parent is a primary caretaker and the other parent has defined periods of time with the children.

Sole custody means that the custodial parent makes the major decisions for the children. It does not mean that the other parent does not see the children, or only sees them when the custodial parent allows. If the judge determines that co-parenting is impossible or unrealistic, the judge will award sole custody as being in the "best interests" of the children.

Regardless of whether you have, or your spouse has, joint or sole custody, the two of you will be required to develop a timesharing plan. This is a schedule for the amount of time the children will be with each of you.

Once the custody and timesharing decisions are made, either by agreement or by the judge, you and your spouse will need to file a Parenting Plan which contains a description of the custody and timesharing decisions.

For more information about the divorce process and how to obtain help, click here to visit the Direcory section of this website. You can also visit the New Mexico State Bar Association website at http://www.nmbar.org.

Question:

Answer:

Some district courts require that you attend parenting classes. Look under the Directory to find out if your district requires you to attend parenting classes.

Generally, if the absent parent is out of state, those districts will require the absent parent to attend a parenting course offered in that state. If one is not offered they can request in writing to be relieved of the requirement.

Question:

Answer:

In New Mexico, a court determines who has to pay child support by using a specific formula set out in the New Mexico Statutes.

The New Mexico Statutes declare that the amount of financial support that a child will receive is based on the "gross monthly income" of both parents. Gross income includes nearly any source of income, including income from rental property and other investments. It is the total amount earned before any deductions are taken out of your paycheck.

Once the gross income of both parents has been determined, the parties and the judge can refer to the child support guidelines in the statute to determine what specific amount of support is to be paid on behalf of a child.

The required child support worksheet and the instructions for completing it are found in the New Mexico Statutes, section 40-4-11.1. You can find the statutes at http://www.fscll.org/Stat.htm. On this website, you can find an interactive Child Support Worksheet that calculates the Child Support owed based on the information you put into the computer.

Please note that both parents have the responsibility to contribute to the expenses necessary to raise the children, regardless of the custody arrangement.

Question:

Answer:

Yes, you must fill out and turn in a child support worksheet, even if you do not have a job.

Question:

Answer:

The law requires you to prepare a Child Support Worksheet, even if you do not want any child support payments from the father/mother of your child. You DO NOT have the right right to waive this requirement. The court determines child support. You may ask the court to allow you to waive the receipt of child support. The court may or may not grant your request.

Please note that both parents have the responsibility to contribute to the expenses necessary to raise the children, regardless of the custody arrangement.

Question:

Answer:

Within ten days after the child support hearing officer files his report with the court, any party may file written objections to the report with the district court.

For more information, see the New Mexico Statutes, Sections 40-4B-8 and 40-4B-9. You can find the statutes at http://www.fscll.org/Stat.htm

Question:

Answer:

The Child Support Enforcement Division (CSED) plays several roles.

The CSED helps locate a parent, who lives in or out of New Mexico, who is not complying with a written court order to pay child support. You should seek their assistance if you are not receiving child support, especially if you are receiving public financial assistance, such as welfare or AFDC.

In some cases, the agency will receive the child support payment from the paycheck of the parent who is obligated to pay child support. The agency will receive this parent's child support payment if the parent receiving child support has received financial assistance (AFDC) or the paying parent has consistently failed to pay child support and the court issues a Wage Withholding Order. The Wage Withholding Order would tell the employer to send the employee's child support payments to the Child Support Enforcement Division.

CSED is now the sole means through which to have wages automatically withheld from a paycheck for child support obligations.

Question:

Answer:

No, you do not need to pay a filing fee when you file a motion which only asks the court to enforce a child support order. If your motion not only asks the court to enforce a child support order, but also requests enforcement or modification of time-sharing or custody (or other issues), you may hae to pay a filing fee.

Question:

Answer:

You automatically become "emancipated" when you turn 18 years old. If you are less than 18 years old and over 16 years old, you may be declared "emancipated" if you meet certain requirements. These requirements can be found in the "Emancipation of Minors Act," under Sections 32A-21-1 to 32A-21-7 of the New Mexico Statutes.

You can find the New Mexico Statutes and the New Mexico Rules on the Internet at http://www.fscll.org/Stat.htm or at various locations throughout the state, including many libraries.