As the COVID-19 outbreak continues to spread through our communities and shut down our social, 专业, 和商业生活, many of us are facing new and unforeseen complications regarding 监护权 and child support. 像这样的问题:如果我被解雇了,我还需要支付子女抚养费吗? 我可以支付少于约定的金额吗? 还有如果我前夫不再付抚养费怎么办? Are all becoming increasingly relevant to a growing number of New Mexican Families. Find out what you need to know about COVID-19 and Child Support in New Mexico. 

新墨西哥州儿童抚养法

 

在新墨西哥州, Child Support is governed by statute and based on the principles of need and ability to pay. 最相关的关于子女抚养费的法律, 也就是孩子抚养指导方针, 在NMSA 40-4-11.1. It provides two worksheets that calculate child support, worksheet A and worksheet B. Worksheet A is used when the child resides with one parent primarily and the noncustodial parent has the child less than 35% of the time over the course of a year. 另一方面,工作表B用于共享托管情况. 本质上, this means that the more time a parent spends with a child means that less child support is paid.

 

如何计算?

 

As you can imagine, child support can get complex when applied to individual cases. 例如, how is time calculated if you decide to meet the 35% threshold? Some calculate this time based on overnights, while others look at an entire 365-day calendar. Additionally, it’s important to note exactly what factors are used to determine child support. Child support in New Mexico is calculated using the gross incomes of each party, 指的是每一方的税前收入. While this may appear straightforward,  consider how do you handle overtime? 和工作相关的福利,比如汽油费报销,公司报销卡? 那自己当老板呢? 记住,根据NMSA 404-11.1, all income is to be considered, including rental income, dividend income, and investment income. 除计算收入外, the guidelines also consider costs associated with medical insurance for the child, 特别费用(如:药物), 以及私立学校费用或日托费用. 一旦你意识到这一点, you’ll understand that child support is essentially a mathematical calculation based on income and support contribution, 没有法律论据或漏洞. 

 

如果我因COVID-19被解雇,我还需要继续支付工资吗?

因为整个州的企业继续关闭, more and more New Mexicans are being laid off or furloughed due to the COVID-19 outbreak. While the state and the federal government has made access to unemployment benefits easier and has plans to send money to individuals and families, many people will still struggle to make their child support payments. So do they have to keep paying under these extraordinary instructions? The answer is yes, you still have to make your child support payments. If you are laid off and your child support was automatically deducted from your paycheck, you need to make arrangements to pay that amount directly to the custodial parent. 话虽如此,你还是有选择的. 

 

失业后如何更改子女抚养费?

如果你发现自己无力支付孩子的抚养费, 你可以做一些事情来减轻无法支付的付款. 因为失去工作是环境的重大改变, 你可以向法院提交修改儿童抚养费的动议. You should contact an attorney as soon as possible so that you can get the financial relief you deserve. In most cases, a significant change in income is enough to warrant a modification. The proposed change in the child support calculation has to deviate from the current child support obligation by 20% or more in order for the change to occur. If you have lost your job, you more than likely will qualify for a modification. 因为家庭法庭目前是关闭的, 如果在此期间你绝对无法支付, you can try to come to an informal agreement with the custodial parent to lower your child support payment. 还记得, 即使对方同意改变抚养费, you still must draft and file a formal motion and go before the judge to get it approved. 如果不是, you can still be Genus Law's experienced child support lawyers who can assess your case to see if you qualify for a modification in child support. 如果你做, our firm can draft the paperwork and get you the child support payment that fits your life and current circumstances.  Genus Law offers case strategy sessions so you can discuss your options with an 阿尔伯克基 divorce, 监护权, 子女抚养费律师. 

 

如果前任不再支付子女抚养费,我可以怎样做?

If the other parent of your child stops paying child support or starts paying less without a formal court order, 你也有选择. You should contact an attorney right away to file a Motion to Enforce the MSA or Parenting Plan. This motion can legally compel the other parent to start complying with the court order. 即使他们失去了工作, 他们仍被要求支付子女抚养费, 即使它被修改为一个更低的数量. To prevent this modification, you should consult an attorney to discuss your best options. 由于目前的大流行, Genus Law现在提供免费视频或电话咨询服务, 甚至在周末. 

是否有异常?

 

涉及高收入夫妇(收入超过30美元的夫妇)的案例,每月合计000英镑)的待遇是不同的. 在这些情况下, many factors and standards come into play that can significantly impact the final child support calculation and should be addressed on a case-by-case basis.  The final exception to the standard A and B child support worksheets is known as a “deviation”. New Mexico law allows for a deviation from the statutory guidelines for good cause. This is usually done when there is a substantial hardship arising from the application of the guidelines. 例如, a couple may stipulate a lower or higher child support amount in exchange for concessions on different aspects of the divorce.

 

 最后, 每个抚养孩子的案子都不一样,所以如果你有问题, call 属法律团体 today to set up your consultations to discuss your concerns and find the best child support outcome for you and your family.

安东尼Spratley
与我联系
Experienced Divorce, Child Custody, and Guardianship Lawyer Serving 阿尔伯克基 and Beyond