Child Support Deviation Statutes
The child support statute, codified at NMSA (1978) § 40-4-11.1, does provide that there are situations when a deviation from the guidelines are appropriate. Subparagraph J. provides that where a person pays more than 40% of their gross income for a single child, then there is a “presumption of a substantial hardship, justifying a deviation from the guidelines.” Subparagraph A. requires that “[e]very decree or judgment of child support that deviates from the guideline amount shall contain a statement of the reasons for the deviation.”
In NMSA (1978) § 40-4-11.2 the legislature has provided that “[a]ny deviation from the child support guideline amounts set forth in Section 40-4-11.1 NMSA 1978 shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate. Circumstances creating a substantial hardship in the obligor, obligee or subject children may justify a deviation upward or downward from the amount that would otherwise be payable under the guidelines.” The requirement of a finding before deviating from the Child Support Guidelines is required by the Family Support Act of 1988 (Federal Act).
Actual Deviations From the Guidelines
I know of no reported New Mexico case allowing a deviation from the Guidelines. A reported case is simply one that has been appealed and then is published by the Appellate Court or Supreme Court in the New Mexico Reporter. Judges make decisions that are not reported on a daily basis. Among the unreported cases, the only time you regularly see a payor getting a break on the child support obligation is when there is a short time for them to finish schooling or training to obtain a better job. The logic of this situation is that the children will be better off in the long run if the person finishes their training and is able to earn more money.
There are a multitude of NM cases that state the court’s action in allowing a deviation from the Guidelines is incorrect because the judge did not appropriately state the reasons for the deviation.