New Mexico Parenting Time Calculator

New Mexico presumes joint custody and uses 35% of the year in each home as the shared responsibility line in child support. Enter your schedule to see the days.

NMSA 40-4-9.1; 40-4-11.1 FigureMyTax Editorial Team Free · no sign-up

Count the days

NMSA 40-4-9.1, 40-4-9, 40-4-11.1(F)

Estimated result
—
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

Quick answer: New Mexico presumes that joint custody is in the child’s best interests in an initial custody determination, though joint custody does not mean equal financial responsibility. For child support, at least 35% of the year in each home, 128 or more days, is the shared responsibility line.

This New Mexico parenting time calculator turns a schedule into days a year and checks the 35% line in NMSA 40-4-11.1. Enter the overnights in a 14-day cycle and any extra days: the result is arithmetic, and the court decides custody under NMSA 40-4-9.1 and support.

New Mexico parenting time and custody rules at a glance

RuleWhat New Mexico says
PresumptionA presumption that joint custody is in the child’s best interests in an initial custody determination (NMSA 40-4-9.1(A))
Changing custodyJoint custody replaces an existing arrangement, or is ended, only on a substantial and material change in circumstances affecting the child’s welfare (40-4-9.1(A))
MoneyAn award of joint custody does not imply an equal division of financial responsibility for the child (40-4-9.1(A))
FactorsThe 40-4-9 factors plus nine joint-custody factors, including each parent’s relationship, capability, willingness and the distance between homes (40-4-9.1(B))
Support lineShared responsibility means at least 35 percent of the year in each home plus significantly shared duties and expenses (40-4-11.1(F))
MovingA joint custodial parent who plans to change home city or state gives the other 30 days’ written notice stating the date and destination (40-4-9.1(J)(4)(a))

How do custody and parenting time work in New Mexico?

  1. Joint or sole custody. See joint versus sole custody in New Mexico.
  2. Schedules. See parenting time schedules in New Mexico.
  3. Moving with a child. See moving away with a child in New Mexico.

What does this parenting time calculator check?

You enter the overnights the other parent has in a typical 14-day cycle and any extra days a year, such as summer and holidays. The calculator scales the cycle to 365 days, adds the extras, finds the parent with fewer days and checks whether that parent reaches 35% of the year, 128 days. The guidelines also require that the parents significantly share the duties and expenses of parenting, which a day count cannot show. It does not calculate child support, which also needs both parents’ incomes: use the New Mexico child support calculator for that, and the New Mexico divorce timeline calculator for the dates of the case.

Frequently asked questions

Does New Mexico presume joint custody?

Yes. There is a presumption that joint custody is in the child’s best interests in an initial custody determination.

How many days is the New Mexico 35% line?

At least 35% of the year in each home, about 128 days, for shared responsibility in child support.

Does joint custody mean equal child support in New Mexico?

No. Joint custody does not imply an equal division of financial responsibility.

Does domestic violence affect New Mexico custody?

Yes. A judicial adjudication of domestic abuse is a factor, and the court must find the arrangement protects the child and the abused person.

Does this New Mexico calculator set child support?

No. It counts days and checks the 35% line; the New Mexico child support calculator estimates the guideline amount.

Official sources

This is a day count for general guidance only and is not legal advice. Custody and support are decided by the court. Confirm how the law applies to your case with a licensed New Mexico attorney.