Legal Question in Family Law in New Mexico

The law you are concerned about is Section 40-4-11.1 - Child Support, New Mexico Statutes Annotated. The exact law you are asking about has language that says the following: "gross income" shall not include a reasonable amount for a parent's obligation to support prior children who are in that parent's custody. A duty to support subsequent children is not ordinarily a basis for reducing support owed to children of the parties but may be a defense to a child support increase for the children of the parties. In raising such a defense, a party may use Table A as set forth in Subsection K of this section to calculate the support for the subsequent children."

So, reading that will show you that you have an argument for NOT increasing C/S. However, having an argument is not the same as winning the argument. You'll still have to convince the judge.

Good Luck

Law Guru