New Mexico Dissolution With Children — Custody and Child Support (2026)

New Mexico courts apply the "best interests of the child" standard for all custody and parenting time decisions. A Parenting Plan is required when minor children are involved.

New Mexico Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions about education, healthcare, religion — strongly favored in New Mexico
• Sole legal custody: Ordered when the other parent is unfit, unavailable, or cooperation is impossible

Physical Custody

• Primary residence: Child primarily lives with one parent; the other has regular parenting time
• Shared physical custody: Child spends approximately equal time with each parent; may affect child support calculation

Best Interests of the Child — New Mexico Factors (NMSA § 40-4-9)

New Mexico courts consider:

1. Each parent's wishes
2. The child's wishes (if child is of sufficient age)
3. The child's interaction and relationship with each parent and siblings
4. The child's adjustment to home, school, and community
5. Mental and physical health of all parties
6. Each party's ability to provide the child with love, affection, guidance, and continuing education
7. Willingness of each parent to accept the responsibilities of custody
8. Whether there has been domestic violence (NMSA § 40-4-9.1 — significant weight given)
9. The geographic distance between the parties' homes
10. Each parent's ability to maintain the other parent's relationship with the child

Domestic violence: New Mexico gives significant weight to domestic violence evidence. If domestic violence is established, there is a presumption against the abusive parent receiving joint custody.

Parenting Plan — Required

New Mexico courts require a detailed Parenting Plan in all dissolutions involving minor children. The plan must address:

• Legal custody designation (joint or sole)
• Primary residential parent
• Regular parenting schedule (weeks, alternating weekends, school year vs. summer)
• Holiday and vacation schedule (Thanksgiving, Christmas, spring break, birthday, Mother's/Father's Day)
• Healthcare decisions and information sharing
• Educational and school activity communication
• Transportation and exchange logistics
• Procedure for schedule changes
• Relocation provisions (advance notice; court approval for significant moves)
• Dispute resolution method (mediation before filing a motion)

New Mexico Child Support — Income Shares Model

New Mexico uses the income shares model — both parents' incomes contribute to the support obligation.

Child Support Worksheet:

1. Determine gross monthly income for each parent (wages, salary, self-employment, rental income, etc.)
2. Apply standard deductions (taxes, mandatory retirement contributions, other court-ordered support)
3. Add both parents' net incomes for the combined adjusted gross income
4. Use the New Mexico Child Support Schedule to find the base support amount (by combined income and number of children)
5. Allocate between parents proportionally based on their share of combined income
6. Add adjustments for: child's health insurance premium (NCP's share), work-related childcare costs, extraordinary medical expenses, parenting time credit (if NCP has substantial time)

Duration: Child support ends when the child turns 18 or graduates from high school, whichever is later (not to exceed age 19).

Forms: nmcourts.gov/self-help-center

Last reviewed: March 2026 | NMSA § 40-4-9 best interests | Joint legal custody strongly favored | Parenting Plan required | Income shares child support | NM Child Support Schedule | Support ends at 18/HS graduation | Domestic violence — significant weight | nmcourts.gov/self-help-center

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.