New Mexico Alimony Guidelines 2019

Navigating through the complexities of spousal support arrangements can be a daunting task. In New Mexico Alimony Guideline Worksheet serves as a vital tool in streamlining this process. Developed to align with state statutes, these guidelines offer clear instructions for determining alimony payments, ensuring fairness and transparency in support agreements. Let's delve deeper into how these guidelines are structured and their implications for spousal support determinations.

New Mexico Alimony Guidelines 2019

New Mexico Alimony Guideline Worksheet

Detailed information here: New Mexico Courts - Alimony Guidelines and Commentaries (Revised)

Monthly Payment
(Use Only One Box)

Intructions for Alimony Guideline Worksheet

If No Children for Whom Support is Paid:

• Line 1: Enter the amount of Payor’s Gross Monthly Income. This is the same gross monthly income as would be figured for “income” and “gross income” for child support purposes. See NMSA 1978 § 40-4-11.1(C)(1), (2) (1995).

• Line 2: Multiply Line 1 by 0.3 or take 30% of Line 1 (Payor’s Gross Monthly Income), and enter the resulting amount.

• Line 3: Enter the amount of the Recipient’s Gross Monthly Income. This is the same gross monthly income as would be figured for “income” and “gross income” for child support purposes. See id.

• Line 4: Multiply Line 3 by 0.5 or take 50% of Line 3 (Recipient’s Gross Monthly Income), and enter the resulting amount.

• Line 5: Subtract Line 4 from Line 2. This is the indicated Alimony Monthly Amount.

• Line 6: If the result in Line 5 is a positive number, then this is the indicated monthly Alimony Amount that the Payor should pay. If the result in Line 5 is zero or a negative number, then the Payor should pay no alimony. Check the appropriate box.

If Children for Whom Support is Paid:

• Line A: Enter the amount of the Payor’s Gross Monthly Income. This is the same gross monthly income as would be figured for “income” and “gross income” for child support purposes. See id.

• Line B: Multiply Line A by 0.28 or take 28% of Line A (Payor’s Gross Monthly Income), and enter the resulting amount.

• Line C: Enter the amount of the Recipient’s Gross Monthly Income. This is the same gross monthly income as would be figured for “income” and “gross income” for child support purposes. See id.

• Line D: Multiply Line C by 0.58 or take 58% of Line C (Recipient’s Gross Monthly Income), and enter the resulting amount.

• Line E: Subtract Line D from Line B. This is the indicated Monthly Alimony Amount.

• Line F: If the result in Line E is a positive number, then this is the indicated monthly Alimony Amount that the Payor should pay. If the result in Line E is zero or a negative number, then the Payor should pay no alimony. Check the appropriate box.

Example 1: No Children

• Line 1: Husband’s Income: $6,000
• Line 2: Husband’s Basis: $6,000 x 0.30 = $1,800
• Line 3: Wife’s Income: $1,800
• Line 4: Wife’s Basis: $1,800 x 0.50 = $900
• Line 5: Spousal Support: = $1,800 - $900 = $900

Example 2: Two Children

• Line A: Husband’s Income: $6,000
• Line B: Husband’s Basis: $6,000 x 0.28 = $1,680
• Line C: Wife’s Income: $1,800
• Line D: Wife’s Basis: $1,800 x 0.58 = $1,044
• Line E: Spousal Support: = $1,680 - $1,044 = $636 

Adjusted Incomes for Child Support: (subtract the given amount of alimony from the gross income of the husband and add the indicated amount of alimony to the gross income of the wife). The parties' gross monthly salaries should be adjusted using the specified alimony amount, and the resulting adjusted incomes should be used to determine child support in compliance with the law. As an illustration, the gross monthly income would be adjusted as follows, with the resulting numbers being used in the columns labeled "Gross Monthly Income" on the relevant child support form.

Husband: $5,364 ($6,000 - $636).

Wife: $2,436 ($1,800 + $636).

New Mexico Statutory Factors

New Mexico Statutory Factors

In determining spousal support awards as per Paragraph (1) or (2) of Subsection B of this section, New Mexico courts take into account several factors:

1. Age, Health, and Means of Support:

   • Consideration of the age and health of each spouse.
   • Evaluation of the means of support available to each spouse.

2. Earnings and Earning Capacity:

   • Assessment of current and future earnings as well as earning potential for each spouse.

3. Efforts for Employment or Self-Support:

   • Examination of the sincere efforts made by each spouse to maintain employment or attain self-sufficiency.

4. Reasonable Needs:

   • Assessment of reasonable needs including:
     • Standard of living during the marriage.
     • Maintenance of medical insurance.
     • Consideration of life insurance for securing support payments.

5. Duration of Marriage:

   • Consideration of the length of the marital union.

6. Property Distribution:

   • Evaluation of property allocation to each spouse.

7. Type and Nature of Assets:

   • Analysis of the assets owned by each spouse.
   • Note: Potential proceeds from property sale are not typically considered unless under exceptional circumstances.

8. Liabilities:

   • Examination of the debts and obligations held by each spouse.

9. Income from Owned Property:

   • Consideration of income generated by properties owned by each spouse.

10. Pre-Dissolution Agreements:

    • Review of any agreements made by the spouses in anticipation of divorce or legal separation.

These factors provide a comprehensive framework for judges to ensure fair and equitable spousal support determinations in New Mexico. By considering various aspects of the spouses' financial and personal circumstances, courts aim to facilitate just outcomes in alimony proceedings.

FAQ - Frequently Asked Questions

1. How is alimony calculated in New Mexico courts?

• Alimony in New Mexico is calculated based on the Payor's and Recipient's Gross Monthly Income. For cases without children, alimony is calculated by multiplying the Payor's income by 30% and the Recipient's income by 50%, then subtracting the Recipient's amount from the Payor's to determine the indicated Alimony Monthly Amount. For cases with children, different percentages are used, namely 28% and 58% respectively.

2. What happens if the result of the alimony calculation is zero or a negative number?

• If the result of the alimony calculation is zero or negative, the Payor is not required to pay any alimony. This is indicated by checking the appropriate box on the Alimony Guideline Worksheet.

3. How do the New Mexico courts consider factors such as age, health, and earnings capacity in determining alimony?

• New Mexico courts take into account various factors including the age, health, and means of support available to each spouse, as well as their current and future earnings potential. The courts also consider efforts made for employment or self-support, reasonable needs, the duration of the marriage, property distribution, liabilities, income from owned property, and any pre-dissolution agreements.

4. Can you provide an example of how alimony calculation works in New Mexico?

• Certainly. For instance, if a husband's monthly income is $6,000 and the wife's monthly income is $1,800, with no children, the alimony calculation would involve multiplying the husband's income by 30% and the wife's income by 50%, then subtracting the wife's amount from the husband's to determine the indicated Alimony Monthly Amount. This results in $900 as the indicated monthly alimony amount.