Additional Expenses on a Child Support Worksheet
NMSA 1978 § 40-4-11.1(I) provides that “The child support may also include the payment of the following expenses not covered by the basic child support obligation:
(1) any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year;
(2) any extraordinary education expenses for children of the parties; and
(3) transportation and communication expenses necessary for long distance visitation or time sharing”
The first point to make is that the Statute says the Court “may” include these expenses. It is not mandatory that a Court include these on a child support worksheet. Despite the fact that it is not mandatory, courts almost always do it.
Extraordinary Medical Expenses
If your child has special medical needs that are not covered by insurance, then you will split those expenses based upon your percentage of the total income of the parties. Like the statute says, the expenses need to be more than $100 a year, per child.
Extraordinary Educational Expense
This category of expense is not very well defined. Obviously, if your child has a lisp and needs speech therapy, then the extra expense should be added here. Similarly, if a child needs tutoring to keep up in a subject that amount should be put here.
What happens when someone wants to send the child to a religious or private school? The courts will generally follow the status quo. If the child has always attended a particular school, the court is going to want to follow that pattern. If the parties cannot afford private school, then a change may be in order. In Spignola v. Spignola it was said the finest education the parents can reasonably afford should be the criterion. 91 N.M. 737, 742, 580 P.2d 958, 963 (1978). Comparing schools can be extremely difficult.
Transportation Costs for Long Distance Visitation or Timesharing
This item is travel expenses that are incurred because the parties live in different areas. They can include plane tickets, gas, phone bills and sometimes the internet. If an individual moves to get a better paying job, they certainly should be reimbursed for this expense. If they move for another reason, such as a spouse's employment, the court may not allow them the deduction for this cost.