Legal Question in Family Law in New Mexico
I have taken another job in another state that will result in a reduced income? Do I need to move my child support case to that new state and recalculate my payments?
Asked on 5/28/15, 6:54 am
1 Answer from Attorneys
George Chandler
Chandler Law of Los Alamos
IF YOU VOLUNTARILY REDUCE YOUR INCOME THE COURT MAY NOT ALLOW YOU TO REDUCE THE CHILD SUPPORT: TYPICALLY IT WILL "IMPUTE" THE ORIGINAL INCOME TO YOU UNLESS YOU CAN SHOW YOU HAD NO CHOICE BUT TO TAKEN THE NEW JOB AT AN REDUCED INCOME.
THE NM COURT WILL RETAIN JURISDICTION OVER YOUR CASE, ASSUMING THE CHILD AND OTHER PARENT STAY IN NM. THE CHLD SUPPORT ODRER WILL BE ENFORCED BY COURTS IN THE NEW STATE, INCLUDING GARNISHMENT.
Answered on 6/03/15, 7:08 pm