Whether you are the primary custodial parent or a parent with more limited parenting time, child support orders have a significant financial impact on your monthly disposable income. Child support can be one of the most frustrating issues in a New Mexico divorce or paternity case. The parent ordered to provide child support often finds that the amount of a child support order makes it difficult for the parent to support a new family or maintain his or her current standard of living. When you speak to a New Mexico Child Support Attorney at our law firm, we understand that you may have many questions, so we have provided some answers for parents facing an existing or future child support order.
Can child support enforcement authorities intercept my tax refund if I owe past due child support?
If the parent entitled to receive child support has registered the child support order with the agency for New Mexico Child Support Enforcement, the entity can intercept the obligated parent’s tax refund or notify the IRS so that the federal taxing authority confiscates the tax refund to satisfy unpaid child support.
Does the court have the ability to increase my child support obligation to collect past due child support payments?
Judges can and typically do increase a child support order to include a mandatory monthly payment toward child support arrearages. This can be extremely troublesome for the obligated parent who is already struggling to pay the current amount of child support. If the child support order is registered with the agency charged with enforcing child support in New Mexico, this increase may occur automatically.
Can I avoid a wage assignment and simply pay my child support directly to the other parent?
While federal law generally requires that child support be collected through income withholding, this requirement may be waived by the other parent provided the other parent is not receiving public assistance. If you receive a paycheck and the other parent wants the child support order enforced via wage assignment, the judge will impose such an order.
Will the New Mexico child support enforcement agency be able to use other enforcement tools?
The state child support authority in New Mexico like that in other states can levy against bank accounts and place a lien on property of someone who owes child support arrearages. If a lien is placed on the obligated parent’s property, the debt must be paid before any proceeds from a sale can be distributed to the parent subject to the lien.
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.
If you are concerned about your current or potential obligation to pay child support, our experienced New Mexico Child Support Lawyers invite you to meet with us. 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.