Law Offices of Lynda Latta

Child Support

Child support was at one time determined by a hodgepodge of laws which created wide disparities in child support amounts and charges that support levels were too low. Federal law now requires that all states create guidelines which the courts must use to determine the amount to be paid in child support. These formulas are based upon the income levels of both parents, the number of children and perhaps a few other factors. If one parent makes markedly less than the other, the ratio changes. But the level of support never declines below a certain level. If there are special circumstances, the court will listen and perhaps make adjustments to the amounts.

Child Support Enforcement

Enforcing child support is largely a matter of tracking down a delinquent parent and asking the court to deduct child support directly from their wages. The employer sends a portion of the parent's wages to a state agency, which then distributes the funds. Other ways to enforce child support include seizing property and placing liens on homes and businesses. The parent who avoids paying child support can be found in contempt of court which could lead to a fine or a stay in jail. The Child Support Recovery Act of 1992 has made it a federal crime for a parent who lives in a different state than their children to not pay child support for one year or to fall $5,000.00 behind in payments. Punishment can include fines and imprisonment.

Alimony/Spousal Support

The term alimony means the same thing as spousal support and maintenance. Many states have a temporary alimony provision which determines who gets support and how much until the divorce is final. After the divorce, the courts may use guidelines established by the state to determine how much spousal support will be paid. In New Mexico, certain factors are considered such as age, education, work history, health and marital assets to be divided. In most cases, the spousal support lasts for a certain period in order to give the spouse a chance to get back on their feet. In the case of a long term marriage, or where one spouse is ill, most states can establish a permanent spousal support arrangement, especially if it is created in conjunction with a divorce agreement. It is in the interest of any spouse who has been out of the workforce for a number of years, to get spousal support while they get re-trained.