N.M. Stat. » N.M. Stat. / Chapter 40 / Article 4
New Mexico Statutes

N.M. Stat. § 40-4-11.2 (2026)

Grounds for deviation from child support guidelines.

✓ current as of May 2026
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Any deviation from the child support guidelines set forth in Section 40-4-11.1 NMSA
1978 and the basic child support schedule promulgated by the human services
department [health care authority department] shall be supported by a written finding in
the decree, judgment or order of child support that application of the guidelines and
basic child support schedule would be unjust or inappropriate. A finding that rebuts the
child support guidelines and basic child support schedule shall state the amount of
support that would have been required under the guidelines and basic child support
schedule and the justification of why the order varies from the guidelines and the basic
child support schedule. Circumstances creating a substantial hardship in the obligor,
obligee or subject children may justify a deviation upward or downward from the amount
that would otherwise be payable under the guidelines and basic child support schedule.

History: 1978 Comp., § 40-4-11.2, enacted by Laws 1989, ch. 36, § 1; 2021, ch. 20, §
2; 2023, ch. 106, § 2.

                                    ANNOTATIONS

The 2023 amendment, effective January 1, 2024, added references to the basic child
support schedule that the human services department is required to update by rule; and
after "Any deviation from the child support", deleted "guideline amounts" and added
"guidelines", after "Section 40-4-11.1 NMSA 1978", added "and the basic child support
schedule promulgated by the human services department", and after each occurrence
of "guidelines", added "and basic child support schedule" throughout the section.

Applicability. — Laws 2023, ch. 106, § 5, provided that Laws 2023, ch. 106, apply to
all decrees, judgments or orders of child support made on or after January 1, 2024.

Temporary provisions. — Laws 2023, ch. 106, § 4, effective January 1, 2024,
provided that the initial child support schedule established by the human services
department [health care authority department] shall:

A.    not decrease the yearly basic support obligation for any level of combined
parental income by more than the dollar change in the federal poverty guidelines for one
person since 2018;

B.     not increase the yearly support obligation for any level of combined parental
income by more than one and one-half times the change in the consumer price index
since 2018. Any increase in support obligation that is larger than the increase in the
consumer price index since 2018 must be specifically supported by economic data and
evidence;

C.    not change the format of the child support schedule in a way that would be
inconsistent with Worksheet A or Worksheet B in Subsection M of 40-4-11.1 NMSA
1978; and

D.    be promulgated, published and available to the public through the New Mexico
Administrative Code, the New Mexico supreme court's website and the human services
department's [health care authority department] website no later than January 1, 2024.
The 2021 amendment, effective July 1, 2021, required that a written finding that
application of the child support guidelines would be unjust or inappropriate to state the
amount of support that would have been required under the guidelines and the
justification for the deviation from the guidelines; and added "A finding that rebuts the
child support guidelines shall state the amount of support that would have been required
under the guidelines and the justification of why the order varies from the guidelines".

Deviation from the child support guidelines.- It is error to deviate from the child
support guidelines in calculating the parties’ gross incomes except as authorized by
statute or appellate case law, and it is also error to deviate from the child support
guidelines in any manner without providing written justification for such deviation. Jury v.
Jury, 2017-NMCA-036.

Where petitioner appealed the district court’s denial of her motion to modify a 2010 child
support decree that resulted from the dissolution of the marriage between petitioner and
respondent, claiming that the district court’s ruling resulted from its erroneous
determination of the parties’ gross monthly incomes and, by extension, child support
obligations, reversal and remand for recalculation of the parties’ gross monthly incomes
was necessary to the extent that the district court improperly deviated from the child
support guidelines in calculating the parties’ gross monthly incomes and failed to specify
the reasons for its decision in deviating from the child support guidelines. Jury v. Jury,
2017-NMCA-036.

Child's income. — In allowing a credit against basic child support for off-schedule
sources of income, such as social security benefits paid directly to the child, this section
requires the trial court to exercise its discretion on a case-by-case basis, with the child's
standard of living a crucial factor. Pederson v. Pederson, 2000-NMCA-042, 129 N.M.
56, 1 P.3d 974.

Deduction of guardian fees from child support. — Guardian ad litem fees may not
be deducted from child support. Grant v. Cumiford, 2005-NMCA-058, 137 N.M. 485,
112 P.3d 1142.
Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1990–2024 · leading case: Jury v. Jury, 2017 NMCA 36 (N.M. Ct. App. 2017).
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Jury v. Jury, 2017 NMCA 36 (N.M. Ct. App. 2017). · cites it 12× “1 (2008), as provided in NMSA 1978, Section 40-4-11.2 (1989). However, such discretion does not extend to the process of calculating the parties’ gross monthly incomes.”
Klinksiek v. Klinksiek, 2005 NMCA 8 (N.M. Ct. App. 2004). · cites it 4× “NMSA 1978, § 40-4-11.2 (1989) states: Any deviation from the child support guideline amounts set forth in Section 40-4-11.”
Grant v. Cumiford, 112 P.3d 1142 (N.M. Ct. App. 2005). · cites it 4× “Under NMSA 1978, § 40-4-11.2 (1989), any deviation from the guidelines “shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate.”
Tedford v. Gregory, 959 P.2d 540 (N.M. Ct. App. 1998). · cites it 4× “The trial court made only a general finding pursuant to NMSA 1978, Section 40-4-11.2 (1989) that "it would be unjust or inappropriate to require the calculation of the retroactive child support under the Statutory Guidelines due to the factual situation in this matter.”
Leeder v. Leeder, 884 P.2d 494 (N.M. Ct. App. 1994). · cites it 4× “1994), states that any deviation from the guideline amounts “shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate.” Reading Sections 40-4-11(A)(?), 40 — L-11.”
Thompson v. Dehne, 220 P.3d 1132 (N.M. Ct. App. 2009). · cites it 4× ““Under NMSA 1978, Section 40-4-11.2 (1989), any deviation from the guidelines shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate.”
Jurado v. Jurado, 892 P.2d 969 (N.M. Ct. App. 1995). · cites it 2× “Pursuant to NMSA1978, Section 40-4-11.2 (Repl.Pamp.1994), deviation from the Child Support Guidelines must “be supported by a written finding in the decree .”
Styka v. Styka, 972 P.2d 16 (N.M. Ct. App. 1998). · cites it 2× “1995) (discussing trial court’s exercise of discretion under NMSA 1978, § 40-4-11.2 (1989)). We also review the trial court’s findings of fact to determine if there is substantial evidence to support the determinations.”
Pedersen v. Pedersen, 1 P.3d 974 (N.M. Ct. App. 2000). · cites it 7× “For the reasons set forth below, we hold that the decision to award such a credit is discretionary, subject to the requirements of NMSA 1978, § 40-4-11.2 (1989). Because the trial court appears to have erroneously believed that he was required to award such a credit in Father’s…”
Alverson v. Harris, 935 P.2d 1165 (N.M. Ct. App. 1996). · cites it 2× “Thus, we need not address the meaning of Section 40-4-11.2. II. Failure to Offset the Child Support Arrearages 23.”
Roberts v. Wright, 871 P.2d 390 (N.M. Ct. App. 1994). · cites it 2× “” NMSA 1978, Section 40-4-11.2 (Repl. Pamp.1989). In fulfillment of the purposes of the guidelines, “income” is defined as the “actual gross income of a parent if employed to full capacity or potential income if unemployed or under employed.”
Erickson v. Erickson, 978 P.2d 347 (N.M. Ct. App. 1999). · cites it 2× “NMSA 1978, Section 40-4-11.2 (1989) permits deviation from the guidelines.”
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