Our New Mexico Family Law Attorneys frequently talk to those contemplating a potential divorce or paternity action, who are concerned about their ability to start over after the breakup of a marriage or co-parenting relationship. These concerns often focus on potential financial support obligations, such as alimony and child support, (also known as family support) especially where the prospective client is a man who was the primary breadwinner during the relationship. Because an order to pay spousal maintenance and child support following a marital dissolution or establishment of parentage action can substantially impact one’s disposable monthly income, we have provided suggestions for planning steps to take that may reduce future support obligations.
Execute a Prenuptial Agreement:
The best way to reduce alimony (i.e. spousal support) is to execute a marital agreement with your partner prior to the marriage, which is referred to as a “prenuptial agreement.” If the agreement is prepared after you are married, it is called an “antenuptial agreement.” This approach to handling alimony obligations permits you to reach an agreement about what spousal support, if any, must be paid in the event of a marital dissolution. The prenuptial agreement may address both the duration and amount of spousal support. While a New Mexico divorce judge will enforce such a marital agreement, there are strict requirements in terms of form, disclosure, and fairness, so it is important to consult with a New Mexico Divorce Lawyer who can help you avoid potential pitfalls that may result in your prenuptial agreement being unenforceable. A prenuptial agreement cannot limit or restrict child support because the right to receive child support belongs to your kids, so it may not be waived or limited by their parents.
Spend Time with Your Kids:
Since a prenuptial agreement is not an option for limiting child support obligations, the best planning approach to minimizing a child support obligation is to spend plenty of time with your kids and share as equally as possible in parenting responsibilities. The most critical factors in the determination of child support are the respective incomes of the parents and the amount of parenting time awarded to each parent. New Mexico family law judges will carefully evaluate the caretaking role each parent played during the relationship when considering a potential timeshare plan. Whether you are involved in a paternity case or divorce, the best way to reduce your child support is to establish that you are actively involved in taking care of your kids’ daily needs.
Support Educational Opportunities and Employment of Your Spouse:
Many men we speak with are bewildered by the notion that they must pay more alimony and for a longer duration because they provided almost all financial support during the marriage. Despite the feeling shared by many men that they have already “paid their dues” during marriage, alimony obligations are more onerous if you are the sole breadwinner in the family. If a spouse who is seeking alimony has obtained advanced degrees or developed a successful career, this may eliminate the need for alimony or at least reduce the duration and/or amount. Even if your spouse does not work outside the home much during the marriage, the spouse’s higher education and employment experience may increase the amount of income “imputed” to your spouse when determining the recipient spouse’s earning capacity.
An Increasing Number of Women Face
Child Support and Alimony Orders
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about child support or alimony, we invite you to talk to our New Mexico family financial support attorneys. 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. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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