Legal Question in Family Law in New Mexico

(1) You actually failed to ask a question. (2) If it was me that the ex-wife was making such statement to I'd say something like "go tell it to the judge." (3) If she did 'go tell it to the judge' (legalese = files a motion and requests a hearing) I'd make sure I read up on Section 40-4-11.1 in the NMSA (New Mexico Statutes Annotated) 1978 and I'd pay particular attention to the paragraph that talks about someone being under-employed. (4) Then I'd read the annotated cases that talk about what constitutes a 'change of circumstances warranting a change in child support.' (5) Last, if I went to court I'd talk to the judge about circumstances not changing because her income from her last job should be imputed to her since she is voluntarily unemployed or, put another way, she is 'under-employed.' (6) I'd then ask the judge to deny her motion to change the child support.

Good Luck . . . . and next time, ask a question after you make a statement.

Law Guru

If she files a requrest to change child support it has to be based on changed circumstances, and as you susected, deliberate un- or under-employment is not such. If her unemployment is self-imposed the judge can and will impute income to her based on her earning capacity, generally measured by her previous earnings (assuming she hasn't developed some kind of disability) but also could be measured by potential earnings, if she is under-employed.