New Mexico divorce laws

Child Support

New Mexico divorce laws requires that you submit a parenting plan to the court in petitions for separation or divorce involving minor children. And yes, this plan must be jointly agreed to by you and the soon-to-be-ex. If you can't agree, or if one refuses to participate, the court has a plan, and it will likely be less than what you bargained for. So...hammer out an agreement. New Mexico calculates child support based on the income shares model, which dictates that both parents incomes be factored in. A proportionate amount of the total will be assigned to each parent.

The court may require the use of a different parenting plans. The parties will need to check with the clerk of the court to determine the appropriate form prior to completing a parenting plan. The cost of providing medical and dental insurance for the children of the parties and the net reasonable child-care costs incurred on behalf of these children due to employment or job search of either parent will be paid by each parent in proportion to his income, in addition to the basic obligation.

• The child support may also include the payment of the following expenses not covered by the basic child support obligation:
• any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year;
• any extraordinary educational expenses for children of the parties; and
• transportation and communication expenses necessary for long distance visitation or time sharing. In shared responsibility situations, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five.

Child Support Guidelines

Residency

According to New Mexico divorce laws, at least one of you must have been a New Mexico resident for at least six months before filing an action to end a marriage. As is the case in all other states, military personnel may file in New Mexico as long as they have met the six month threshold despite being residents of another state.

Child Custody

In any case in which a judgment or decree will be entered awarding the custody of a minor, the district court will, if the minor is under the age of fourteen, determine custody in accordance with the best interests of the child. The court will consider all relevant factors including, but not limited to:

• the wishes of the child's parent or parents as to his custody;
• the wishes of the child as to his custodian;
• the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest;
• the child's adjustment to his home, school and community; and the mental and physical health of all individuals involved.

If the minor is fourteen years of age or older, the court will consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor. Whenever testimony is taken from the minor concerning his choice of custodian, the court will hold a private hearing in his chambers. The judge will have a court reporter in his chambers who will transcribe the hearing; however, the court reporter will not file a transcript unless an appeal is taken.

Grounds for Divorce

1. incompatibility;;
2. cruel and inhuman treatment;
3. adultery; or
4. abandonment

Mediation

While not mandatory, New Mexico divorce statutes allow its courts to have the latitude to require the parties complete a domestic relations mediation program. The parents would pay the cost of the domestic relations mediation program.

Alimony

In proceedings for the dissolution of marriage, separation or support between husband and wife, the court may make an allowance to either spouse of the other spouse's separate property as alimony and the decree making the allowance shall have the force and effect of vesting the title of the property so allowed in the recipient.

Waiting Period         

A minimum of thirty (30) days after the service of the complaint must have elapsed before the court will grant a divorce (excluding hardship cases). There are no provisions to restrict one from getting re-married following a New Mexico final divorce decree, although you may wish to give another marriage more consideration. After all, if it's meant to last a lifetime, a few months won't make a difference.

Grandparents Rights

Federal law allows the petitioning of the court by grandparents seeking visitation. The district court can grant visitation privileges to a grandparent of a minor child (that does not conflict with the child's education or prior established visitation or time-sharing privileges). New Mexico divorce statutes reaffirm this right.

Dividing Assets

The court may order a division of assets both during and after the proceedings. Prior to the final decree, the court may recognize the need of one party to have access to assets so that they may efficiently prepare and present their case.

At a final hearing, the court may allow either party such a reasonable portion of the spouse's property or such a reasonable sum of money to be paid by either spouse either in a single sum or in installments, as spousal support as under the circumstances of the case may seem just and proper, including a court award of:

• rehabilitative spousal support that provides the receiving spouse with education, training, work experience or other forms of rehabilitation that increases the receiving spouse's ability to earn income and become self-supporting. The court may include a specific rehabilitation plan with its award of rehabilitative spousal support and may condition continuation of the support upon compliance with that plan;
• transitional spousal support to supplement the income of the receiving spouse for a limited period of time; provided that the period shall be clearly stated in the court's final order;
• spousal support for an indefinite duration;
• a single sum to be paid in one or more installments that specifies definite amounts, subject only to the death of the receiving spouse; or
• a single sum to be paid in one or more installments that specifies definite amounts, not subject to any contingencies, including the death of the receiving spouse

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.