Can the state require me to pay child support if I struggle financially?

Full question:

I am the non-custodial parent and my daughter lives about two hours away from me. My question is: The custodial parent has a master's degree in teaching and has a great job with benefits. She has always made too much money to recieve any benefits from the state. Yet, I am ordered to pay her money. I have a family of four and barely make enough money to make ends meet. Can the state force me to pay her even though I don't owe the state any money at all?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: New Mexico

Answer:

Your question doesn't indicate whether you are currently paying child support as part of a divorce decree. In a divorce, if parents cannot agree on the child support amount, the court will apply state child support guidelines. There is a rebuttable presumption that the guideline amount is the correct amount of support. If the court decides to deviate from this amount, it must provide reasons for doing so.

All parents are legally obligated to provide for their children, regardless of marital status. If parents are unmarried and cannot agree on support, the court may intervene and set an amount. The court can order one parent to make payments to the other for child support. State laws require biological parents to make decisions regarding their children, including education and health care. If there is a dispute about decision-making authority, the court can resolve it.

If there has been a significant change in circumstances since the child support order was issued, you may request a modification of your child support payments from the court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

During a custody battle, avoid making negative comments about the other parent, as this can reflect poorly on you. Don't discuss private matters in public or on social media. Refrain from using threats or ultimatums, and avoid saying anything that could be interpreted as putting the child's welfare at risk. Focus on the child's best interests and maintain a respectful tone throughout the process.