My husband and I are seperated and we have a two year old. We live in the state of NM and he doesn't want tpo end up with back child support. He only makes $1,800 a month and I bring in only $700, but I will be going back to work full time in December because my rent alone is almost $700 a month. How much should he pay every month till we do get divorced and so there will be no back child support owed?
2007-11-08 05:50:12 · 8 answers · asked by rm3alford 2 in Family & Relationships ➔ Marriage & Divorce
I am not sure about the laws in NM but I am in the same situation. I have a 6 year old son and my husband brings home about $5000.00/mo. I live in Texas and unless I get a temporary child support order, my husband doesn't owe me anything until we get divorced. Then it will take about 2-6 weeks before I will see any child support. I know I will be getting about $1150.00/mo because Texas works on a percentage basis but that doesn't do anything for me right now as we are going through the divorce. I am struggling while he is making all the money. You may want to contact your child enforcement agency to see what the precentage he will owe you once the divorce is final and base your decision on that amount.
2007-11-08 05:58:16 · answer #1 · answered by Kathleen C 1 · 0⤊ 0⤋
For a combined income of 2500, NM states child support should be $447 a month. Each parent is responsible for the % of the total. Therefore your husband is responsible for 72% of that amount, or $321.00 a month.
New Mexico excludes child support for the days the child is in your husbands care. Therefore, if the child spends every other weekend (104 days) and one week in the summer with the father, the father will only pay for 70% of the 321.00 or $223 a month
2007-11-08 06:00:54 · answer #2 · answered by patrick 6 · 0⤊ 0⤋
He should pay $500 per month. If your combined income is $2500 per month and he wants to be fair, that enables you to pay your rent and have enough to eat until such time as a judge or arbitrator decides the alimony/child support payment that is satisfactory under the circumstances. If you need to bolster your income, you can take on more hours, though your childcare bills will rise commensurate with your time away from home.
2007-11-08 05:55:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
letterst is correct. Any payments that your husband gives you directly whether prior to the divorce or after is considered a gift and not child or spousal support payments. Those must be paid through the courts. Right now, he legally doesn't have to give the first dime!
2007-11-08 05:57:44 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You are not divorced yet he does not need to pay your child support legally unless a judge says so so you need to get his but in court he is the only one that can say he is going to give you this amount but if a judge does not approve it then you are not going to get anything unless he wants to give you something. Talk to a lawyer and get your divorced processed.
2007-11-08 06:00:56 · answer #5 · answered by Lost 4 · 0⤊ 0⤋
That all depends on the court but most orders are for around 20% of the pay after taxes.
2007-11-08 05:54:30 · answer #6 · answered by Mellycat123 4 · 0⤊ 0⤋
http://www.alllaw.com/calculators/ChildSupport/New_Mexico/ is the web site for New Mexico Child Support calculator. $322.00 is the calculation I got, I did not have the health insurance information or day care costs.
2007-11-08 05:59:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
whatever he gives you would be considered a gift by the courts... so talk to the attorney(s) about this now, if you are so concerned.
2007-11-08 05:55:14 · answer #8 · answered by letterstoheather 7 · 0⤊ 0⤋