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 or not you are paying child support as part of a divorce decree. In a divorce, if the parties are unable to agree on a child support amount, the court will apply the child support guidelines established under state law. A rebuttable presumption exists that the amount of support established by the enacted child support guidelines in the correct amount of child support to be paid. Should the court deviate from the amount established in the guidelines, the judgment must contain a statement of the reasons for such deviation.
Parents are legally obligated to provide their children with all the necessities of life. The failure of parents to marry does not affect their responsibility to support their children. If parents are unmarried and cannot agree upon how much each should contribute toward the support of their children, the courts may decide. A court can order one parent to make specified payments to the other for child support. State laws provide that biological parents make all the decisions involving their children, including education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about who has the right to make these decisions courts can decide.
If there has been a significant change in circumstances since a child support order was entered, it may be possible to request a modification of 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.
