NEW MEXICO Part 33

In New Mexico the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

NEW MEXICO Part 32

How long must I be married to receive alimony?

There is no required time limit for an award of alimony. As a very general rule, marriages that are zero to five years in length typically do not involve alimony (although transitional alimony may be awarded in some cases); marriages five to ten years in duration are more likely to qualify; ten to fifteen years and fifteen to twenty year marriages have a high probability of being alimony cases. It should be noted, however, that despite the length of the marriage, adequate assets must be available from one party to the other in order for the court to award alimony. The court has permanent alimony jurisdiction over any marriage twenty years or greater.

NEW MEXICO Part 31

How is alimony determined?

In New Mexico, there is no set formula for the determination of alimony. A number of factors are to be determined by the court, which include:

(1) the age and health of and the means of support for the respective spouses;

(2) the current and future earnings and the earning capacity of the respective spouses;

(3) the good-faith efforts of the respective spouses to maintain employment or to become self-supporting;

(4) the reasonable needs of the respective spouses, including:

(a) the standard of living of the respective spouses during the term of the marriage;

(b) the maintenance of medical insurance for the respective spouses; and

(c) the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support;

(5) the duration of the marriage;

(6) the amount of the property awarded or confirmed to the respective spouses;

(7) the type and nature of the respective spouses’ assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties;

(8) the type and nature of the respective spouses’ liabilities;

(9) income produced by property owned by the respective spouses; and

(10) agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation.

NEW MEXICO Part 30

Is New Mexico an alimony state?

Yes. There are certain factors that must be met, however, before an award of alimony is appropriate. The most important factors seem to be a sufficiently long marriage, sufficient financial need by the receiving spouse, and sufficient ability to pay by the paying spouse.

NEW MEXICO Part 29

4. What do we need to do to get alimony?

 Alimony, also called spousal support, is an amount of money awarded by the court from one spouse to the other as continuing support after the marriage has ended. Under the family laws of New Mexico, alimony or spousal support may be temporary, permanent, or transitional. Alimony or spousal support may also be modifiable or non-modifiable as determined by the Court or by agreement of the parties.

Here are a few of the most frequent questions our law firm receives about alimony and spousal support.

NEW MEXICO Part 28

Can child support automatically be withheld from my ex's paycheck?

Yes. The receiving parent can require that child support automatically be deducted from the paying parent's paycheck, without proving a history of missed payments or less-than-full payments. The automatic deduction must be routed from the paying parent's employer through the Child Support Enforcement Division, and then forwarded to the receiving parent.

NEW MEXICO Part 27

If I quit my job or take a lower-paying one, can I reduce my child support payment?

No. Voluntarily quitting a job, setting yourself up to get fired, or choosing a lower-paying job does not entitle you to reduce child support, and courts are not likely to tolerate this behavior.

If a court finds that you’ve tried to skirt your child support obligations, it may calculate your child support obligation based on what you earn and "imputed" income, which is money you could be earning based on employment history.