Legal Question in Family Law in New Mexico

Both my ex husband and I have joint custody of our 14 year old son. He was paying me $277.14 a month in child support. My son lives primarily with my ex in a home he and my oldest son and his family are renting together. My 14 year old told me and my oldest daughter that the reason he did not want to live with me was because I couldn't afford to buy him expensive things. Am I still entitled to child support even though my son will not stay with me for the time he is supposed to?

Asked on 9/24/13, 12:38 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos
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The amount of child support is based on the division of time between the custodial parents. In principal you should adjust the child support when the time share changes by a significant amount,. What is "significant" is up to the judge's discretion but tends to be around 20%. This is done by one party filing a request for modification of child support. Also in principal one party can ask for retroactive changes.

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Answered on 10/04/13, 6:28 pm

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