My ex wife is trying to take me to court for more child support. I recently had a baby with my now wife. I believe my ex is doing this because she knows of the baby. In the state of NM, do they take into consideration the birth of another child?
Answer
The law you are concerned about is Section 40-4-11.1 - Child Support, New Mexico Statutes Annotated. The exact law you are asking about has language that says the following: "gross income" shall not include a reasonable amount for a parent's obligation to support prior children who are in that parent's custody. A duty to support subsequent children is not ordinarily a basis for reducing support owed to children of the parties but may be a defense to a child support increase for the children of the parties. In raising such a defense, a party may use Table A as set forth in Subsection K of this section to calculate the support for the subsequent children."
So, reading that will show you that you have an argument for NOT increasing C/S. However, having an argument is not the same as winning the argument. You'll still have to convince the judge.
Good Luck
Law Guru
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