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Child Support Laws Updated

The State updated the child support guidelines in May of 2008.  You may see an increase of 2 to 5% the next time your child support is adjusted.  See more info in the December 2008 Blog and in the CS Calculators Section

 

04.07.07

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Child Support Arrearages in New Mexico

This will not be a long section because there is not a whole lot to say with respect to the arrearages issue. If it is out there, it's there. If you have an arrearage, there actually is not a lot you can do with it other than pay. Additionally, there is actually a Federal Statute the prohibits the retroactive reduction of child support.

Each child support payment that becomes due is a judgment in itself. If you do not pay it, it will accrue interest, pursuant to 1978 NMSA § 40-4-7.3 and 1978 NMSA § 56-8-4. If you are paying child support currently, what is typically done is that they increase your current obligation by 20%. You will pay this amount until your child support is fully paid off, including any arrearage.

If they have pulled your driver's license or professional license you have to go to CSED or the courts to have it reinstated. Usually, if you make a significant payment, they will reinstate it subject to you being current on your present obligation. You are pretty much at the mercy of CSED and the courts in this situation.

An arrearage will also appear on your credit report as a judgment against you, which can increase the interest rate on any new loans you take out.  The person that is owed the money does not have to use the 20% additional method, either.  These creditors can foreclose on property, garnish bank accounts and even seize retirement accounts.