4A-205. Parenting plan and child support worksheet; wage
withholding order.
A. Parenting Plan and Child Support Obligation. A
Parenting Plan and Child Support Obligation, Domestic
Relations Form 4A-313 NMRA, is required:
(1) in a divorce proceeding if the parties are the
parents of one or more one or more children under eighteen
(18) years of age or a child under nineteen (19) years of age
who is attending high school; or
(2) in a proceeding to establish the paternity of
one or more children under eighteen (18) years of age or the
paternity of a child under nineteen (19) years of age who is
attending high school.
The court may require the use of a different parenting
plan. The parties will need to check with the clerk of the
court to determine the appropriate form prior to completing a
parenting plan.
B. Child support worksheet. A child support worksheet
must be completed before the judge will decide the amount of
child support that will be required to be paid. See Section
40-4-11.1 NMSA 1978 for the child support worksheet. It is
recommended that self-represented parties use the interactive
child support worksheet form that is available on the Internet
at www.nmcourts.com, click on "Family Law Forms". This form
automatically determines the monthly child support obligation.
If the parties have agreed upon a different child support
obligation than the amount calculated using the child support
worksheet, the parties must explain why a different amount is
proposed by the parties. The judge will decide if a different
child support amount may be paid.
C. Wage withholding order. The Wage Withholding Order,
Domestic Relations Form 4A-341 NMRA, provides for wages to be
withheld from a parent's paycheck for payment of child
support. If a party does not want child support to be
withheld from the party's paycheck, the party must explain to
the judge how child support will be paid. The court will sign
a wage withholding order upon request of either party.
[Approved, effective November 15, 2002.]