Support and child custody

In the award of custody, the father is not be a determining factor. The courts held that there shall be a rebuttable presumption that joint custody is in the best interest of a child, but this does not imply an equitable allocation of time between the child's parents or an equitable sharing of financial responsibility for the child.

When determining contested custody cases, the Court determines custody in accordance with the interests of the child, taking into account all relevant factors including, but not limited to:

The will of the father of the child or parents as to his custody. The wishes of the child as his guardian. The interaction and interrelationship of the child with his parents, brothers, and any other person who can significantly affect the best interests of the child. Adjustment of the child to his home, school and community; and (5) the physical and mental health of all individuals involved. If the minor is over 14 years of age, the Court will consider the wishes of the child as to with whom he wants to live before assigning custody of such minor.

[Based on the New Mexico statutes annotated, 40-4-9, 40-4-9.1]

Child Support:

New Mexico uses a model of "income shares" to determine the level of maintenance of children. This means that the income of each parent is divided by the total income of both parents to determine the percentage of support that each parent is responsible. The total income from both parents determines the level of support to be paid, based on the child support tables. For detailed instructions, refer to the information contained in the guidelines of the child's support of New Mexico.

Child support continues until graduation from high school the children if the children are treated only by age, are under the age of nineteen and attend high school. Child support may provide for the maintenance and education after high school of emancipated children under a written agreement between the parties. [Based on the New Mexico statutes annotated, 40-4-7 and 11.40-4-1]

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