Deviation…A Tool to Use for Child Support

New Mexico law indicates that when child support is calculated that the amount from the guidelines is the presumptive award of support. However, the law also provides for a deviation from the guidelines. A legal presumption is a conclusion based upon a particular set of facts, combined with established laws, logic or reasoning. It is a rule of law which allowing a court to assume a fact is true until it is rebutted by the greater weight of the evidence against it. Most attorneys fail to recognize for their clients the ability to deviate from the guidelines with the proper argument and facts. There is no “one size fits all” when it comes to determining if deviation is proper for you or not. Our attorneys have obtained deviations based on hardship of the obligor. We have obtained deviations because of the wrongful conduct of the other parent. The point here is that deviations are a good way to explore options that can bring you some relief in a child support case. Do not automatically settle for the simple, easy answer of whatever the guidelines say then that is it. Be diligent in protecting your rights by talking to one of our child support experts at the Justice Legal Group.

To learn how we can help you with your case, e-mail us at or call us at 505-880-8737.