The Self-Support Reserve and Add-On Costs in New Mexico

New Mexico builds a self-support reserve into the schedule: when the payer’s income and the number of children fall in the shaded area, only the payer’s income is used and no add-on costs are included; otherwise insurance, child care and extra expenses are added and shared by income.

The shaded area

Since January 1, 2024, the basic child support schedule has a self-support reserve built in, shown by shading. The shaded area is a staircase: for combined incomes from $0 to $1,800 every column is shaded; the one-child column ends there, the two-child column at $2,200, three children at $2,500, four at $2,700, five at $2,900 and six at $3,100 (Appendix 1).

How the reserve works

If the payer parent’s income and the number of children fall in the shaded area, only the payer’s income is used to read the schedule, and the payer is 100% responsible for that amount, even if the other parent has much more income. The calculation uses Worksheet A only and does not add child care, medical expenses or other costs (8.50.108.10 NMAC). The reserve is $1,200 a month for one person.

An example

A payer with $2,000 a month and a custodial parent with $6,000, two children: the payer’s income and the two-child column are in the shaded area, so the payer pays the schedule amount at $2,000, $443. On the combined $8,000 the worksheet would give $396. Choose whether to apply the reserve in the New Mexico child support calculator.

Add-on costs

The children’s health and dental insurance premium and the net reasonable child care for employment or job search are shared by income in addition to the basic amount (subsection J). Extraordinary medical, dental and counseling expenses (uninsured amounts above $100 per child a year), extraordinary educational expenses and long-distance visitation transport may also be added (subsection K).

The 40% rule

A single support obligation that would take more than 40% of the payer’s gross income is presumed to be a substantial hardship, which justifies a deviation (subsection L).

Documents to gather

Pay statements, proof of expenses you want added and records of any prior child support orders.

Above the schedule

The schedule ends at $40,000 of combined gross monthly income. Above it, the court sets support on the guidelines’ purposes and the children’s needs.

Frequently asked questions

How much is the New Mexico self-support reserve?

$1,200 a month for one person, built into the shaded area of the schedule.

Which incomes are in the New Mexico shaded area?

A staircase from $0 to $1,800 for one child, up to $2,200 for two, $2,500 for three, $2,700 for four, $2,900 for five and $3,100 for six.

Does the New Mexico reserve add child care?

No. When the reserve applies, child care, medical and other costs are not added.

What are additional expenses in New Mexico child support?

Uninsured medical, dental and counseling above $100 per child a year, extraordinary education and long-distance visitation transport.

What is the New Mexico 40% hardship rule?

Paying more than 40% of gross income for current support is presumptively a substantial hardship that justifies a deviation.

Official sources

Going through a divorce or custody case in New Mexico?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a New Mexico attorney

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.