Legal Question in Family Law in New Mexico
New Mexico Child Support
I am an E-5 (Staff Sergeant) in the US Air Force. I was stationed in Clovis, NM. I have been moved to FL and am going through a divorce. The question that I have is whether or not the court system use my military allowances along with my base pay to figure child support?
1 Answer from Attorneys
Re: New Mexico Child Support
The law in NM is that child support is determined by a person's gross income. Gross income is defined by the statute to mean "income from any source" and has only a few short exceptions. Those exceptions include public assistance or a means tested assistance program. A lot of military people seem to believe that because they enjoy some 'non' taxable income that such income is not calculated as part of their child support. This is a misconception. If you perform a google search for "nmsa 40-4-11.1" (nmsa means new mexico statutes annotated) then you'll get several hits about this statute (and maybe the statute itself) and one of the hits even has some program that will help you calculate your child support.
Good luck on your journey.
Law Guru
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