44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CHILD SUPPORT; AMENDING A SECTION OF THE NMSA 1978 TO REDUCE A PARENT'S CHILD SUPPORT OBLIGATION WHEN A PARENT HAS PRIOR OR SUBSEQUENT CHILDREN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 40-4-11.1 NMSA 1978 (being Laws 1988, Chapter 87, Section 2, as amended) is amended to read:

"40-4-11.1. CHILD SUPPORT--GUIDELINES.--

A. In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support. Every decree or judgment of child support that deviates from the guideline amount shall contain a statement of the reasons for the deviation.

B. The purposes of the child support guidelines are to:

(1) establish as state policy an adequate standard of support for children, subject to the ability of parents to pay;

(2) make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and

(3) improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards.

C. For purposes of the guidelines specified in this section:

(1) "income" means actual gross income of a parent if employed to full capacity or potential income if unemployed or underemployed. Income need not be imputed to the primary custodial parent actively caring for a child of the parties who is under the age of six or disabled. If income is imputed, a reasonable child-care expense may be imputed. The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after remarriage; and

(2) "gross income" includes income from any source and includes but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided:

(a) "gross income" shall not include benefits received from means-tested public assistance programs or child support received by a parent for the support of other children;

(b) for income from self-employment, rent, royalties, proprietorship of a business or joint ownership of a partnership or closely held corporation, "gross income" means gross receipts minus ordinary and necessary expenses required to produce such income, but ordinary and necessary expenses do not include expenses determined by the court to be inappropriate for purposes of calculating child support;

(c) "gross income" shall not include the amount of alimony payments actually paid in compliance with a court order;

(d) "gross income" shall not include the amount of child support actually paid by a parent in compliance with a court order for the support of prior children; and

(e) "gross income" shall not include a reasonable amount for a parent's obligation to support prior or subsequent children who are in that parent's custody. A duty to support prior or subsequent children is [not ordinarily] a basis for reducing support owed to children of the parties [but] and may be a defense to a child support increase for the children of the parties. [In raising such a defense] A party may use Table A as set forth in Subsection K of this section to calculate the support [for the] of prior or subsequent children for the basis of reducing a parent's child support obligation.

D. As used in this section:

(1) "children of the parties" means the natural or adopted child or children of the parties to the action before the court [but shall not include the natural or adopted child or children of only one of the parties];

(2) "basic visitation" means a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time. Such arrangements can exist where the parties share responsibilities pursuant to Section 40-4-9.1 NMSA 1978; and

(3) "shared responsibility" means a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children of the parties spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.

E. The basic child support obligation shall be calculated based on the combined income of both parents and shall be paid by them proportionately pursuant to [Subsections K and L] Subsection K of this section.

F. Physical custody adjustments shall be made as follows:

(1) for basic visitation situations, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet A and instructions contained in Subsection K of this section. The court may provide for a partial abatement of child support for visitations of one month or longer; and

(2) for shared responsibility arrangements, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet B and instructions contained in Subsection [L] K of this section.

G. In shared responsibility situations, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five.

H. The cost of providing medical and dental insurance for the children of the parties and the net reasonable child-care costs incurred on behalf of these children due to employment or job search of either parent shall be paid by each parent in proportion to his income, in addition to the basic obligation.

I. The child support may also include the payment of the following expenses not covered by the basic child support obligation:

(1) any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year;

(2) any extraordinary educational expenses for children of the parties; and

(3) transportation and communication expenses necessary for long distance visitation or time sharing.

J. Whenever application of the child support guidelines set forth in this section requires a person to pay to another person more than forty percent of his gross income for a single child support obligation for current support, there shall be a presumption of a substantial hardship, justifying a deviation from the guidelines.

K. BASIC CHILD SUPPORT SCHEDULE.--

BASIC CHILD SUPPORT SCHEDULE

Both parents'

Combined

Gross Monthly Number of children

Income 1 2 3 4 5 6

$ 0 - 800 $100 $150 $150 $150 $150 $150

850 119 150 150 150 150 150 900 153 155 157 158 160 162

950 187 189 191 193 196 198

1,000 206 223 226 228 231 233

1,050 215 257 260 263 266 269

1,100 224 291 294 298 301 304

1,150 232 325 329 332 336 339

1,200 241 351 363 367 371 375

1,250 250 363 397 401 406 410

1,300 258 375 431 436 441 445

1,350 267 387 457 470 475 481

1,400 275 399 471 505 510 516

1,450 283 411 485 536 545 551

1,500 292 423 499 551 579 585

1,550 300 435 513 567 613 620

1,600 308 447 527 582 631 654

1,650 316 458 540 597 647 689

1,700 324 470 554 612 664 710

1,750 333 482 568 628 680 728

1,800 341 494 582 643 697 746

1,850 349 506 596 658 714 764

1,900 357 517 609 673 730 781

1,950 365 529 623 689 747 799

2,000 373 541 637 704 763 816

2,050 382 553 651 719 780 834

2,100 390 564 665 734 796 852

2,150 398 576 678 750 813 869

2,200 406 588 692 765 829 887

2,250 414 600 706 780 846 905

2,300 422 611 720 795 862 922

2,350 430 623 733 810 879 940

2,400 438 635 747 825 895 957

2,450 443 641 754 834 904 967

2,500 447 647 761 841 912 976

2,550 451 652 768 849 920 984

2,600 455 658 775 856 928 993

2,650 459 664 782 864 936 1,002

2,700 463 670 788 871 944 1,010

2,750 467 675 795 878 952 1,019

2,800 471 681 802 886 960 1,027

2,850 474 687 808 893 968 1,036

2,900 478 692 815 900 976 1,044

2,950 482 698 822 908 984 1,053

3,000 486 704 828 915 992 1,062

3,050 490 710 835 923 1,000 1,070

3,100 494 715 842 930 1,008 1,079

3,150 497 720 847 936 1,014 1,085

3,200 500 723 851 940 1,019 1,090

3,250 503 727 855 945 1,024 1,095

3,300 505 731 859 949 1,029 1,101

3,350 508 734 863 954 1,033 1,106

3,400 511 738 867 958 1,038 1,111

3,450 513 742 871 963 1,043 1,116

3,500 516 745 875 967 1,048 1,121

3,550 519 749 879 971 1,053 1,127

3,600 522 752 883 976 1,058 1,132

3,650 524 756 887 980 1,063 1,137

3,700 527 760 891 985 1,067 1,142

3,750 530 763 895 989 1,072 1,147

3,800 532 767 899 994 1,077 1,153

3,850 535 771 903 998 1,082 1,158

3,900 540 777 911 1,007 1,091 1,168

3,950 545 785 919 1,016 1,101 1,178

4,000 550 792 927 1,025 1,111 1,189

4,050 554 799 936 1,034 1,121 1,199

4,100 559 806 944 1,043 1,130 1,209

4,150 564 812 952 1,052 1,140 1,220

4,200 569 819 960 1,060 1,150 1,230

4,250 574 826 968 1,069 1,159 1,241

4,300 579 833 976 1,078 1,169 1,251

4,350 584 840 984 1,087 1,179 1,261

4,400 589 847 992 1,096 1,188 1,272

4,450 594 854 1,000 1,105 1,198 1,282

4,500 599 861 1,008 1,114 1,208 1,292

4,550 604 868 1,016 1,123 1,217 1,303

4,600 608 875 1,024 1,132 1,227 1,313

4,650 612 880 1,030 1,139 1,234 1,321

4,700 615 885 1,036 1,145 1,241 1,328

4,750 619 890 1,042 1,152 1,248 1,336

4,800 622 895 1,048 1,158 1,256 1,344

4,850 625 900 1,054 1,165 1,263 1,351

4,900 629 905 1,060 1,172 1,270 1,359

4,950 632 910 1,066 1,178 1,277 1,367

5,000 635 915 1,072 1,185 1,284 1,374

5,050 639 920 1,078 1,192 1,292 1,382

5,100 642 926 1,085 1,199 1,300 1,391

5,150 646 931 1,092 1,206 1,308 1,399

5,200 650 937 1,098 1,214 1,316 1,408

5,250 654 942 1,105 1,221 1,324 1,416

5,300 657 948 1,112 1,228 1,332 1,425

5,350 661 954 1,119 1,236 1,340 1,433

5,400 666 960 1,126 1,244 1,349 1,443

5,450 671 967 1,134 1,253 1,358 1,453

5,500 675 973 1,141 1,261 1,367 1,463

5,550 680 980 1,149 1,269 1,376 1,472

5,600 685 987 1,156 1,278 1,385 1,482

5,650 690 993 1,164 1,286 1,394 1,492

5,700 695 1,000 1,171 1,294 1,403 1,501

5,750 700 1,007 1,179 1,303 1,412 1,511

5,800 704 1,013 1,186 1,311 1,421 1,521

5,850 709 1,020 1,194 1,319 1,430 1,530

5,900 714 1,027 1,201 1,328 1,439 1,540

5,950 719 1,033 1,209 1,336 1,448 1,549

6,000 724 1,040 1,216 1,344 1,457 1,559

6,050 728 1,047 1,224 1,353 1,466 1,569

6,100 733 1,053 1,232 1,361 1,475 1,579

6,150 738 1,060 1,240 1,370 1,485 1,589

6,200 742 1,067 1,247 1,378 1,494 1,599

6,250 747 1,073 1,255 1,387 1,504 1,609

6,300 751 1,080 1,263 1,396 1,513 1,619

6,350 756 1,087 1,271 1,405 1,523 1,629

6,400 760 1,093 1,279 1,413 1,532 1,639

6,450 765 1,100 1,287 1,422 1,541 1,649

6,500 770 1,107 1,295 1,431 1,551 1,660

6,550 774 1,113 1,303 1,439 1,560 1,670

6,600 779 1,120 1,311 1,448 1,570 1,680

6,650 783 1,127 1,318 1,457 1,579 1,690

6,700 788 1,133 1,326 1,466 1,589 1,700

6,750 792 1,140 1,334 1,474 1,598 1,710

6,800 797 1,147 1,342 1,483 1,607 1,720

6,850 802 1,153 1,350 1,492 1,617 1,730

6,900 806 1,160 1,358 1,500 1,626 1,740

6,950 811 1,167 1,366 1,509 1,636 1,751

7,000 815 1,173 1,374 1,518 1,645 1,761

7,050 820 1,180 1,382 1,527 1,655 1,771

7,100 824 1,187 1,389 1,535 1,664 1,781

7,150 828 1,193 1,396 1,543 1,673 1,789

7,200 832 1,198 1,403 1,550 1,680 1,798

7,250 836 1,203 1,409 1,557 1,688 1,806

7,300 840 1,209 1,416 1,564 1,696 1,814

7,350 843 1,214 1,422 1,572 1,704 1,823

7,400 847 1,220 1,429 1,579 1,711 1,831

7,450 851 1,225 1,435 1,586 1,719 1,839

7,500 855 1,231 1,442 1,593 1,727 1,847

7,550 858 1,236 1,448 1,600 1,735 1,856

7,600 862 1,241 1,455 1,607 1,742 1,864

7,650 866 1,247 1,461 1,614 1,750 1,872

7,700 869 1,252 1,467 1,622 1,758 1,881

7,750 873 1,258 1,474 1,629 1,766 1,889

7,800 877 1,263 1,480 1,636 1,773 1,897

7,850 881 1,269 1,487 1,643 1,781 1,905

7,900 884 1,274 1,493 1,650 1,789 1,914

7,950 888 1,279 1,500 1,657 1,797 1,922

8,000 892 1,285 1,506 1,665 1,804 1,930

11% 16.1% 18.8% 20.8% 22.6% 24%.

____________________________________________________________

WORKSHEET A - BASIC VISITATION

__________ JUDICIAL DISTRICT COURT

COUNTY OF _________________________

STATE OF NEW MEXICO

NO. _____________________

___________________________________,

Petitioner,

vs.

___________________________________,

Respondent.

MONTHLY CHILD SUPPORT OBLIGATION

Custodial Other

Parent   Parent Combined

 1. Gross Monthly Income $______ + $______ = $______

 2. Percentage of Combined Income

(Each parent's income divided

by combined income) % + % = 100%

 3. Number of Children ______

 4. Basic Support from Schedule

(Use combined income from Line 1) = ______

 5. Children's Health and

Dental Insurance Premium ______ + ______ = ______

 6. Work-Related Child Care ______ + ______ = ______

 7. Additional Expenses ______ + ______ = ______

 8. Total Support (Add

Lines [4] 5, 6 and

7 for each parent

and Lines 4, 5, 6 and 7 for combined

column) ______ + ______ = ______

 9. Each Parent's Obligation

(Combined Column Line

8 x each parent's

Line 2) ______ ______

10. Enter amount for

each parent from

Line 8 -______ -______

11. Each parent's net

obligation (Subtract

Line 10 from Line 9

for each parent). ______ ______ Other Parent pays Custodial

Parent this Amount

_______________PAYS______________ EACH MONTH $_________

______________________ ______________________

Petitioner's Signature Respondent's Signature

Date:_______________________

____________________________________________________________

BASIC VISITATION

INSTRUCTIONS FOR WORKSHEET A

Line 1. Gross monthly income:

Includes all income, except AFDC, food stamps and supplemental security income. If a parent pays child support by court order to other children, subtract from gross income. Use current income if steady. If income varies a lot from month to month, use an average of the last twelve months, if available, or last year's income tax return. Add both parents' gross incomes and put total under the combined column.

Line 2. Percentage of Combined Income:

Divide each parent's income by combined income to get that parent's percentage of combined income.

Line 4. Basic Support:

Fill in number of children on worksheet (Line 3). Round combined income to nearest [one hundred dollars ($100)] fifty dollars ($50.00). Look at the basic child support schedule. In the far left-hand column of the basic child support schedule, find the rounded combined income figure. Read across to the column with the correct number of children. Enter that amount on Line 4.

Line 5. Children's Health and Dental Insurance Premium:

Enter the cost paid by a parent for covering these children with medical and dental insurance under that parent's column on Line 5. Add costs paid by each parent and enter under the combined column on Line 5.

Line 6. Work-Related Child Care:

Enter the cost paid by each parent for work-related child care. If the cost varies (for example, between school year and summer), take the total yearly cost and divide by twelve. Enter each parent's figure in that parent's column on Line 6. Add the cost for both parents and enter in the combined column on Line 6.

Line 7. Additional Expenses:

Enter the amounts paid by each parent for additional expenses provided by Subsection I of this section on Line 7. Add the cost for both parents and enter in the combined column on Line 7.

Line 8. Total Support:

Total the basic support amount from Line 4 in the combined column with the combined column on Lines [4] 5, 6 and 7 and enter the totals in combined column on Line 8.

Line 9. Each Parent's Obligation:

Multiply the total child support amount on Line 8 by each parent's percentage share on Line 2, and enter each parent's dollar share under that parent's column on Line 9.

Line 10. Total Support:

Enter the total amount shown for each parent on Line 8 beside the "minus" marks on Line 10.

Line 11. Net Obligation:

For each parent, subtract the amount on Line 10 from the amount on Line 9. Enter the difference for each parent in that parent's column on Line 11. The amount in the box "other parent" is what that parent pays to the custodial parent each month. Do not subtract the amount on the custodial parent's Line 11 from the amount in the other parent's box. The custodial parent is presumed to use the amount in that parent's column on Line 11 for the children.

__________ JUDICIAL DISTRICT COURT

COUNTY OF _________________________

STATE OF NEW MEXICO

NO. _____________________

___________________________________,

Petitioner,

vs.

___________________________________,

Respondent.

Part 1 - Basic Support: Mother Father Combined

 1. Gross Monthly Income $______ $______ $______

 2. Percentage of Combined Income

(Each parent's income divided

by combined income) % + % = 100%

 3. Number of Children _______

 4. Basic Support from Schedule

(Use combined income from Line 1) = ______

5. Shared Responsibility Basic

Obligation (Line 4 x 1.5) ______

6. Each Parent's Share (Line 5

x each parent's Line 2) ______ ______

7. Number of 24 hour days

with each parent (must

total 365) ______ + ______ ______

8. Percentage with each parent

(Line 7 divided by 365) ______% + ______% 100%

9. Amount retained (Line

6 x Line 8 for each

parent) ______ ______

10. Each Parent's

Obligation (subtract

Line 9 from Line 6) ______ ______

11. Amount Transferred

(subtract smaller amount

on Line 10 from larger

amount on Line 10.) Parent

with larger amount on Line

10 pays other parent the

difference. ______

Part 2 - Additional Payments:

12. Children's Health and

Dental Insurance

Premium ______ + ______ = ______

13. Work-Related Child

Care ______ + ______ = ______

14. Additional

Expenses ______ + ______ = ______

15. Total Additional

Payments (Add Lines

12, 13 and 14 for each

parent and for combined

column) ______ + ______ = ______

16. Each Parent's Obligation

(Combined Column Line 15

x each parent's Line 2) ______ ______

17. Amount transferred

(Subtract each parent's

Line 16 from his Line 15).

Parent with "minus"

figure pays that amount

to other parent. ______ ______

Part 3 - Net Amount Transferred:

18. Combine Lines 11 and 17 by

addition if same parent pays

on both lines, otherwise by

subtraction. __________

________________PAYS________________EACH MONTH $____________

______________________ _________________________

Petitioner's Signature Respondent's Signature

Date:________________________

____________________________________________________________

SHARED RESPONSIBILITY

INSTRUCTIONS FOR WORKSHEET B

Part 1 - Basic Support:

Line 1. Gross Monthly Income:

Includes all income, except AFDC, food stamps and supplemental security income. See text for allowed deductions from income. Use current income if steady. If income varies a lot from month to month, use an average of the last twelve months, if available, or last year's income tax return.

Add both parents' gross incomes and put total under the combined column.

Line 2. Percentage of Combined Income:

Divide each parent's income by combined income to get that parent's percentage of combined income.

Lines 3 and 4. Basic Support:

Fill in the number of children on the worksheet (Line 3). Round combined income to nearest [one hundred dollars ($100)] fifty dollars ($50.00). Look at the basic child support schedule. In the far left-hand column of that schedule, find the rounded combined income figure. Read across to the column with the correct number of children. Enter that amount on Line 4.

Line 5. Shared Responsibility Basic Obligation:

Multiply the basic obligation on Line 4 by 1.5.

Line 6. Each Parent's Share:

Multiply the support amount on Line 5 by each parent's percentage share on Line 2, and enter each parent's dollar share under that parent's column on Line 6.

Line 7. Each Parent's Time of Care for Children:

Enter the number of twenty-four-hour days of responsibility that each parent has each child in a year according to the parenting plan.

Line 8. Percentage of Twenty-Four-Hour Days With Each Parent:

Divide each parent's number of twenty-four-hour days (Line 7) by three hundred sixty-five to obtain a percentage.

Line 9. Amount Retained:

Under shared responsibility arrangements, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five. Multiply each parent's share of basic support (Line 6) by the percentage in that parent's Line 8 and enter the result on that parent's Line 9. This is the amount that each parent retains to pay the children's expenses during that parent's periods of responsibility.

Line 10. Each Parent's Basic Obligation:

Subtract the amount retained by each parent for direct expenses (Line 9) from that parent's basic obligation (Line 6) and enter the difference on that parent's Line 10.

Line 11. Amount Transferred for Basic Support:

In shared responsibility situations, both parents are entitled not only to retain money for direct expenses but also to receive contributions from the other parent toward those expenses. Therefore, subtract the smaller amount on Line 10 from the larger amount on Line 10 to arrive at a net amount transferred for basic support.

Part 2 - Additional Payments:

Line 12. Children's Health and Dental Insurance Premium:

Enter the cost paid by a parent for covering these children with medical and dental insurance under that parent's column on Line 12. Add costs paid by each parent and enter under the combined column on Line 12.

Line 13. Work-Related Child Care:

Enter the cost paid by each parent for work-related child care. If the cost varies (for example, between school year and summer), take the total yearly cost and divide by twelve. Enter each parent's figure in that parent's column on Line 13. Add the cost for both parents and enter in combined column on Line 13.

Line 14. Cost Paid For Additional Expenses:

Enter the cost paid by each parent for additional expenses provided by Subsection I of this section on Line 14.

Line 15. Enter Total of Lines 12, 13 and 14:

For each parent, total the amount paid by him for insurance, child care and additional expenses (Lines 12, 13 and 14). Enter the total in that parent's column on Line 15 and the total of both parents' expenses under the combined column on Line 15.

Line 16. Each Parent's Obligation:

Multiply the total additional payments (combined column on Line 15) by each parent's percentage share of income on Line 2, and enter each parent's dollar share of the additional payments on his Line 16.

Line 17. Amount Transferred:

Subtract each parent's obligation for additional expenses

(that parent's Line 16) from the total additional payments made by that parent (that parent's Line 15). The parent with a "minus" figure pays the other parent the amount on Line 17.

Part 3 - Net Amount Transferred:

Line 18. Combine Lines 11 and 17:

Combine the amount owed by one parent to the other for basic support (Line 11) and the amount owed by one parent to the other for additional payments (Line 17). If the same parent owes for both obligations, add Lines 11 and 17, and enter the total on Line 18. If one parent owes for basic support and the other owes for additional payments, subtract the smaller amount from the larger and enter on Line 18. Fill in the blanks by stating which parent pays and which parent receives the net amount transferred."