The Theory Behind Child Support in New Mexico
When I first started practicing law in New Mexico, I assumed the child support statute was based upon someone's judgment of how much it cost to raise a child or a family. If a person responsible for paying child support was complaining about the amount, I generally would give them a little sympathy and then try to move them on to the next topic. I was predisposed to believing that these people were whining and should pay what is due. This is the exact attitude that you generally get from Judges and Child Support Hearing Officers.
On one level that is fine. If you have done something to bring a child into this world, you should support it. On the other hand, there is more than enough room to argue that child support as enacted by New Mexico is unfair.
After I took a look at how are child support statute came into play and the theory behind it, I was shocked. While I will not say the amount that New Mexico deems necessary to raise a child is wrong, I will say the allocation of that amount is misguided. Particularly, I think the "Income Shares" idea is unfair. Over 30 states today follow the Income Shares model. Moreover, I no longer am so dismissive of people who think child support is too high, wrong or unfair.
Organization of the Theory Section
Page one of the Theory Section addresses the some of the Federal and State legislative history of New Mexico's Child Support Statute. Page two addresses some of the assumptions of the statute and how the calculations of an appropriate amount of child support are actually made. Page three addresses the allocation of the appropriate amount of support under New Mexico's guidelines. Page four provides some support for New Mexico's allocation and a brief summary.
- Theory Overview
- Theory Page 1 -Legislative Background
- Theory Page 2 -Statute Assumptions, Rothbarth Estimator and Equivalency Measures
- Theory Page 3 -Allocation of child support
- Theory Page 4 -Support for Allocation and Summary