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Spousal Support New Mexico

Guide to Spousal Support in New Mexico

Spousal Support in New Mexico

New Mexico practices some of the strictest procedures for awarding and maintaining spousal support in the entire country.  There are numerous types of spousal support in New Mexico, and there are a number of ways to reach a final settlement.  The calculator for spousal support in New Mexico on this website uses New Mexico’s unique formula, and it also uses a number of factors that influence the adjustable net incomes of the spouses.  

How does the Calculator for Spousal Support in New Mexico Work? 

A judge may either choose or not choose to use the unique formula, but he or she may use the formula to simply reach a rough estimate as well.  The formula works the following way:

Cases with no Child Support

Total amount of support = (30% of supporter’s adjusted gross income) – (50% of supported party’s adjusted gross income)

Cases with Child Support

Total amount of support = (28 % of supporter’s adjusted gross income) – (58% of supported party’s adjusted gross income) 

What are Different Types of Spousal Support in New Mexico?

New Mexico accepts more types of spousal maintenance than other states.  The types of spousal support in New Mexico are explained below:

1) Temporary Support- this type of support may be ordered by the court in order help the supported spouse financially until a final settlement is reached

2) Rehabilitative Support- this type of maintenance allows the payee to seek education or vocational training in order to increase their ability to become self-supportive.  This type of support usually involves a formalized written plan as well.  

3) Transitional Support- this type of maintenance supplements the payee’s income if they need to relocate or undergo a similar action.  This type of support is only received for a limited amount of time and must be clearly noted in the court’s final settlement.  

4) Indefinite Duration Support- this maintenance is usually paid in monthly installments and may last as long as need.  This type of support is sometimes called modifiable maintenance.  

5) Single Sum Ending Upon Death of Recipient- this type of support is sometimes called lump sum non-modifiable spousal support and is usually paid in monthly installments until the death of the recipient

6) Single Sum, No Contingencies to End Support- this type of maintenance is also referred to as lump sum non-modifiable spousal support.  However, the difference between number 5 is that the sum must be completely paid—even if the recipient passes away.  

Deviational Factors 

Spousal support in New Mexico may fluctuate on a number of different factors.  Some of these deviational factors include the following:

• the age and health of both spouses

• the current and future earning capacity of each spouse

• the good-faith efforts for a spouse to become self-supporting

• the standard of living of the spouses during the marriage 

• health and life insurance policies

• duration of marriage

• amount of property awarded to each spouse and each of their collective assets and liabilities

• income produced by joint marital property

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