Legal Question in Family Law in New Mexico

I met a man recently who has two ex-wives, and a child by each, both under eight. They all live in NM.

He said he makes 10k a month and the Court has awarded his two wives a total of 13k a month. He's had to sell things he owned to pay bills, and ends each month with more debt, he said.

Someone asked him why he didn't go back to Court.

He said that the Judge would be angry and the Court would punish him for complaining. He said some things about his ex wives living it up, taking their boyfriends on expensive vacations, and child support not being for children. The first wife has, he says, an MBA, but neither she nor her "unemployed boy friend of four years" works.

BTW, he has both his children on the weekends. He also said that he pays for ... I forget what, but many things one would think would come out of child support payments.

This is to ask the attorneys here if they've ever heard of child support being awarded that is 3k a month higher (or three cents higher!) than the total income of the supporting spouse. And if it's realistic to think that to appeal such a situation to a Court would result in a punitive reaction by a judge.

He seemed to me to be telling the truth. He was certainly very bitter, talking about it. I only doubt it because it seems unlikely that it could be a real situation.

In theory, could it be true that a man could be legally required to pay more in child support than he earns?


Asked on 5/24/10, 9:20 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Child support in NM is governed by law. It is calculated on the basis of income from all sources from both parents, with certain adjustments. It is mathematically impossible for the formula to require either party to pay more than their income from all sources. The remedy is to return to court for a modification of child support if in fact the situation is as you describe, which I doubt.

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Answered on 5/25/10, 11:59 am


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