Legal Question in Family Law in New Mexico

Re: Child support computation for re-married parent

This is a great question. In New Mexico, the general rule is that the income (and assets) of the new spouse cannot be used to calculate child support in the manner that your fiance's ex is suggesting. Of course there are exceptions to every rule but the general course is that, as you have described, you have your assets and he has his assets and they are separate. If you and he marry then his ex cannot ask the court to go into your assets to count them towards his - even if you are married in a community property state. So, following the broad brush strokes I have painted here, if you keep your assets fairly separate, she will not be able to use your assets to support a theory that he now has more $$$ to pay an increased child support amount.

The same rule applies to her. She could get married to Bill Gates (well, if he was single and, I suppose, if she had a lot of other things going for her) but she would not be able to count her new rich husband's income as her income in order to raise child support. This is a pretty old and established rule of law in NM.

That's the rule and most everybody is sticking to it. Go forth and enjoy your life. If marriage is on the horizon do not let (all of) the baggage of the past deter your plans & dreams.

Good Luck.