If you’re paying child support in New Mexico and your ex refuses to work, you may be wondering whether that affects your obligation. It’s a common concern for parents who feel they’re carrying an unfair financial burden while the other parent contributes little to nothing. The answer lies in how New Mexico defines income and responsibility under its child support laws—and in many cases, the court can take your ex’s refusal to work into account.
At Genus Law Group, we help parents understand and protect their rights in complex child support matters. Here’s what you need to know about this situation under New Mexico law.
What Counts as Income in Child Support Calculations?
New Mexico uses a combination of the Child Support Guidelines and the basic child support schedule to determine how much each parent should contribute to the care of their child. The state defines "income" as either a parent’s actual gross income or their potential income if they are unemployed or underemployed.
This means the court doesn’t just look at what someone is currently earning—it can consider what they should be earning based on their skills, experience, and ability to work.
When a Parent Refuses to Work
If your ex is intentionally unemployed or underemployed, New Mexico law allows the court to impute income—essentially assigning an income value based on what that person could realistically be earning if they were making a good faith effort to work.
To do this, the court will evaluate factors such as:
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The parent’s job and income history
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Education and job skills
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Local employment opportunities
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Health and age
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Prior criminal convictions and incarceration
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Whether they are caring for a very young or disabled child of the parties
If the court finds that your ex is willfully refusing to work, it can assign an income amount even if your ex has no job. If they have no recent work history, the court may impute income at the local minimum wage level.
What If They Still Don’t Contribute?
Once income is imputed, that amount is included in the child support calculation—even if the other parent isn’t actually earning it. This means your financial responsibility is adjusted accordingly, and the court doesn’t simply increase your share to make up for their refusal to work.
However, if the other parent still fails to pay their share of child support based on the imputed income, they could face legal consequences. Nonpayment of child support is a serious issue and can result in wage garnishment, loss of licenses, contempt of court, and even jail time in extreme cases.
Exceptions to Income Imputation
There are a few exceptions. For example, the court will not impute income if the parent is incarcerated for 180 days or longer. In that case, the state considers the unemployment involuntary and does not hold it against the parent when calculating support.
Also, if the parent is caring full-time for a child under six or a child with disabilities, that may be a valid reason for not working. The court examines these situations carefully and makes determinations on a case-by-case basis.
You Still Have to Pay Your Share
Even if your ex refuses to work, you are still legally required to pay your court-ordered portion of child support. Your responsibility is based on your income, not on whether your ex is doing their part. If your ex isn't paying their share or if the support order needs to be modified, the correct step is to return to court—not to stop paying your own obligation.
Get Legal Support to Protect Your Rights
If you believe your ex is capable of working but is refusing to do so, it's critical to raise this issue in court properly. At Genus Law Group, we can help you gather evidence, request an income imputation, and advocate for a fair and reasonable support order that reflects both parents’ true financial capabilities.
To get help with your child support case in New Mexico, call Genus Law Group at 505-317-4455. Let’s work together to protect your rights and your child’s financial future.
