Child support is more than just a financial obligation, it’s a lifeline for children. In New Mexico, child support ensures that both parents contribute to their child’s housing, education, health care, and everyday needs. But what happens if a parent suddenly stops paying?
At Genus Law Group, we see firsthand how non-payment of child support creates stress, financial strain, and legal complications. Here’s what you need to know about enforcement, consequences, and protecting your child’s well-being.
Child Support Orders Are Legally Enforceable
When a New Mexico court issues a child support order, it is legally binding. This means that parents cannot simply stop paying because of disagreements, financial difficulties, or personal conflicts. Even if custody arrangements change informally, the child support order remains in effect until officially modified by the court.
Consequences of Not Paying Child Support
Parents who fall behind on child support payments may face serious consequences, including:
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Wage Garnishment – Payments may be automatically deducted from paychecks.
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Tax Refund Intercepts – Federal or state tax refunds can be seized to cover unpaid child support.
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License Suspension – Driver’s licenses, professional licenses, and even recreational licenses can be suspended until payments resume.
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Credit Damage – Arrears may be reported to credit bureaus, lowering the non-paying parent’s credit score.
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Contempt of Court – Judges can issue fines, penalties, or even jail time for willful non-payment.
What If a Parent Can’t Afford Payments?
Sometimes, parents stop paying because they lose a job, face health problems, or experience other financial hardships. While these situations may be understandable, simply not paying is not an option.
In these cases, the paying parent should immediately request a modification of child support through the court. Judges may temporarily reduce payments if there is proof of a substantial and ongoing change in circumstances.
What Custodial Parents Can Do
If you are the parent expecting support and the other parent stops paying, you have legal options. The New Mexico Child Support Enforcement Division (CSED) can help with wage garnishment, license suspension, and other enforcement tools. Additionally, working with an experienced family law attorney can speed up the process and ensure your child’s needs are met without unnecessary delay.
Why Legal Guidance Matters
Child support disputes can quickly become overwhelming. Parents who fall behind risk severe penalties, and custodial parents may struggle to provide for their children. An attorney can help:
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File motions to enforce support orders.
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Request modifications when financial hardship is genuine.
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Protect your rights and keep the focus on your child’s best interests.
Call Genus Law Group Today
If child support has stopped or if you are unable to keep up with payments—don’t wait until the problem gets worse. The attorneys at Genus Law Group can help you enforce an existing order, defend against unfair penalties, or request a modification that reflects your current situation. Call us at 505-317-4455 or contact us online today to schedule a consultation with one of our experienced New Mexico family law attorneys.