It is possible to modify your child support agreement, and it is actually not that difficult to do. Although child support calculations are designed to be permanent, they are not set in stone and still subject to the jurisdiction of the court. In some cases, the amount of child support that you pay or get paid can change if there is a substantial change in circumstances. 

New Mexico child support agreement lacking signature.

How Can I Modify Child Support?

If and when circumstances change once a child support order has been established, then modifications to child support can be made. Such circumstances can look like a substantial change in any of the following from the time that child support was first entered by a New Mexico court: such as in the income of either parent, the expenses for the child(ren), or the custody or visitation schedules. For example, if a parent makes significantly more (or less) money than during the time that the initial agreement was made, a modification to child support payments can be made. The same thing goes for when the child(ren) spends more (or less) time with either of the parents or if the child(ren) are old enough to move toward a more equal timesharing schedule. These changes in the new calculation must demonstrate an increase or decrease of 20% or more in the child support obligation. Keep in mind that an intentional change in income may be overruled and you may not receive the change in payments that you expected. In order words, loss of income must be involuntary, such as involuntary loss of employment like a layoff or termination. 


How Can I Modify Child Support Payments

In order to request a modification, you must contact your caseworker, and provide pertinent information that proves a need for said modification. Additionally, you must draft and file a formal motion, which must be presented and approved by a judge. You should contact an attorney in order to ensure that the modification to child support payments is what you deserve. If you need help, our New Mexico Custody and Child Support Lawyers have the resources and experience to get you the best outcome in your divorce, custody or child support case.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond