N.M. Admin. Code § 8.50.108.10 - BASIC CHILD SUPPORT SCHEDULE AND THE SELF-SUPPORT RESERVE
A. In any action to
establish or modify child support, the child support guidelines schedule as set
forth in this section shall be applied to determine the child support due and
shall be a rebuttable presumption for the amount of such child support. The
basic child support schedule is reviewed quadrennially by the child support
guideline commission pursuant to Section
40-4-11.3 NMSA.
B. Effective January 1, 2024, the basic child
support schedule incorporates a self-support reserve (SSR). The SSR is
demonstrated in the shaded area of the basic child support schedule and
provides that if the payer parent's income and number of children fall into the
shaded area, only the payer-parent's income is considered in the child support
calculation. As a result, the payer-parent is one hundred percent responsible
for SSR adjusted child support obligation from the schedule. This ensures that
the SSR is effective at considering basic subsistence needs of the payer-parent
who has a limited ability to pay, even if the other parent has significantly
more income and their combined income is above the SSR adjusted area of the
schedule. Support calculation using the SSR method is reliant on using a
worksheet A only and should not take into consideration childcare cost, medical
expenses to include insurance premiums, and other appropriate expenses that are
otherwise considered by the child support guidelines pursuant to Subparagraph
(b) of Paragraph (2) of Subsection M of Section
40-4-11.1 NMSA, 1978.
C. For shared responsibility arrangements,
the basic child support obligation shall be calculated using the basic child
support schedule, worksheet B and instructions contained in Subsection M of
Section 40-4-11 NMSA 1978. Support
calculations using worksheet B are not subject to the SSR method.
Notes
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