Modifying Child Support After Job Loss, Disability or Incarceration in New Mexico

By the FigureMyTax Editorial Team · How we calculate

New Mexico child support does not drop on its own after a job loss. File a petition; income cannot be imputed to a parent incarcerated for 180 days or longer, and a guideline result over 40% of gross income presumes hardship.

Can you lower child support after a job loss in New Mexico?

Yes, by petition, if the job loss is a material and substantial change in circumstances after the existing order (NMSA 40-4-11.4(A)). If the guideline amount on your new income is more than 20% lower and the order is more than a year old, the change is presumed. File promptly.

Will New Mexico impute income if you lose or leave a job?

Only if the court finds the parent has willfully failed to obtain or maintain appropriate employment or is willfully underemployed; then it may impute income equal to earning and employment potential, using criteria such as job opportunities, employment and income history, skills, education, age and health, history of convictions and incarceration, and the parent’s ability to work while caring for a child under six or a disabled child (40-4-11.1(D)). Minimum wage may be imputed to a parent with no recent work history who can earn it.

Can New Mexico child support be lowered while incarcerated?

Income may not be imputed to a parent who is incarcerated for 180 days or longer (40-4-11.1(E)), and the version we read adds that incarceration is not voluntary unemployment. That does not change an existing order by itself: file a petition so the court recalculates on actual income. Federal rules say the same about voluntary unemployment (45 CFR 302.56(c)(3)).

What counts as income?

Income from any source, including wages, bonuses, severance, unemployment, disability, workers’ compensation and Social Security benefits, with exclusions for means-tested public assistance such as TANF and SSI (40-4-11.1). Bring award letters.

Is there a cap on what a parent pays?

If the guidelines would take more than 40% of the payer’s gross income for a single child support obligation for current support, there is a presumption of substantial hardship justifying a deviation (40-4-11.1(L)); deviations need a written finding of why (40-4-11.2).

What if I am self-employed?

Gross income includes income from any source (40-4-11.1), so bring tax returns with all schedules and records showing your business income and expenses. The annual exchange of tax returns and 1099s gives you the other side’s figures.

Does a new spouse’s income count?

Gross income is the parent’s own, not the income of a subsequent spouse, even though both incomes may be community property after remarriage (40-4-11.1). Bring only your own income documents.

What proof helps?

What should you do first?

1. File the petition now and ask for the other parent’s annual financial information.
2. Keep paying what you can: unpaid support draws 4% interest (see how New Mexico interest works).
3. Check your numbers in the New Mexico child support modification calculator.

Frequently asked questions

Official sources

• NMSA 40-4-11.4: modification of child support orders
• NMSA 40-4-7: court powers; children’s maintenance and education
• NMSA 40-4-11.1: child support guidelines
• 8.50.108 NMAC: establishment and modification of support orders
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited New Mexico statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Mexico attorney.