Since the women’s movement began in the sixties, women have made great strides toward achieving equal status with men by crashing through glass ceilings in educational achievement and professional occupations as well as closing the gender income gap. However, there are circumstances where close equality in treatment is not necessarily beneficial. New research suggests that the standard historical stereotype of husbands being ordered to pay spouses child support and alimony has been turned on its head in a growing number of divorces. As women increasingly build successful professional careers and become the higher wage earner in marriages, courts are more frequently ordering wives to pay their husbands child support and spousal maintenance.
A recent survey conducted of members of the prestigious American Academy of Matrimonial Lawyers revealed that the historical trend of men being the party obligated to pay child and spousal support is increasingly outdated. More than half the divorce lawyers surveyed indicated that the number of women ordered to pay child support had increased in recent years. Almost half of the matrimonial attorneys reported that they had seen a noticeable increase in the number of wives ordered to pay alimony to their former husband.
The success of women in attaining higher levels of academic accomplishment and lucrative careers has resulted in many women becoming victims of their own prosperity. While an alimony award is based on a number of factors in New Mexico, the comparative income, education, and earning expectations of each spouse are important considerations. Although a judge may be inclined to award a stay-at-home mom in a long-term marriage substantial alimony, the outcome is likely to differ substantially when a wife spent the majority of the marriage working outside the home while building a successful career as a doctor, attorney, or executive.
Similarly, child support is determined to a significant degree based on the custodial time exercised by each parent and the income of each parent. The number of families comprised of stay-at-home dads with moms as the primary breadwinner has resulted in more generous timeshare arrangements for many men and child support obligations for women. A recent article in CNN reported that in marriages where mom works outside the home, 32 percent of dads take care of their kids at least one day a week. The report also found that twenty percent of dads with kids under five were the primary caretaker for their kids. The closing income gap between men and women and increasing number of dads engaged in significant child caretaker responsibilities has resulted in an increasing number of women facing child support obligations.
How Does a Judge Determine to Award Long-Term Alimony in New Mexico?
The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.
When either a man or woman is ordered to pay child support or alimony, it can present a financial challenge. Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your situation and answer your questions about support obligations and other family law issues. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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