In New Mexico we use the child support guidelines found at New Mexico Statutes Annotated 40-4-11.1. Under our law, the court presumes that the guidelines are in the best interests of the child. However, that legal presumption can be overcome.
We frequently see people who are forced to pay child support in a situation that is more than just “fair.” Here is a common example. A father is paying for support for a prior child in the amount of $400 per month and then has to pay that same $400 to a second child for support. We know that parents understand that they have a duty to support, however, there are many factors to be considered in the child support situation.
One such situation is the use of deviation from the guidelines. Here is how a deviation argument can work for you. Assume the above example. The law allows for there to be some consideration for a prior child in the second child support award. Moreover, if circumstances exist to argue extreme hardship for the payor, then the situation may give rise to a need to deviate from the guidelines. Similarly, if the payee spouse has other financial resources that aren’t necessarily considered under the guidelines (ie: a rich boyfriend who lives with her), then there may be an argument for deviation.
Too often people fail to consider a deviation from the guidelines as an argument that can assist in alleviating the pinch of child support. Next time you are faced with the prospect of increasing child support consider a deviation from the guidelines. To speak with one of our child support attorneys contact us at info@JusticeLegalGroup.com or call us at 505-880-8737.