SENATE JOINT MEMORIAL 26

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Richard C. Martinez

A JOINT MEMORIAL

REQUESTING THE ADMINISTRATIVE OFFICE OF THE COURTS TO STUDY THE EQUITY OF REQUIREMENTS FOR THE DETERMINATION OF CHILD SUPPORT PAYMENTS.

     WHEREAS, providing adequate financial support is important when a couple with children divorce; and

     WHEREAS, in New Mexico, child support is determined using child support guidelines, which are established by the legislature and revised periodically; and

     WHEREAS, the child support amount is calculated using a set formula based on a percent of the income of both parents; and

     WHEREAS, a parent who gets a higher-paying job after a child support payment schedule has been established must have child support amounts recalculated, including the salary increase; and

     WHEREAS, the child support amount is calculated on gross income, while a parent receives net wages; and

     WHEREAS, circumstances for the nonresident parent may change after a support payment schedule has been established, making support payments difficult; and

     WHEREAS, if a parent loses a job or wages have been cut, courts will not reduce child support amounts retroactively, and the parent making payments is held responsible for any unpaid child support payments; and

     WHEREAS, if a parent is out of work for an extended period of time, the parent's ability to catch up on delinquent child support payments in the future while paying current child support payments is challenging; and

     WHEREAS, the nonresident parent may remarry or have additional children, increasing the parent's financial responsibilities but not the parent's income; and

      WHEREAS, courts have failed to distinguish between parents who can pay the required child support and those who refuse to do so, and those parents who are unemployed or underemployed and do not have the financial resources to make the required payments;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the administrative office of the courts be requested to study equity in awarding child support and how child support payments are calculated; and

     BE IT FURTHER RESOLVED that the administrative office of the courts prepare a report and present its findings and recommendations to the appropriate interim legislative committee by November 1, 2014; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the administrative office of the courts and the human services department.

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