VERIFIED PETITION FOR MODIFICATION OF CHILD SUPPORT
(New Mexico – State District Court, Domestic Relations Division)
[// GUIDANCE: This template is drafted to satisfy New Mexico statutory requirements (NMSA 1978, §§ 40-4-11.1 & 40-4-11.4) and conforms to the structural mandates provided in the user instructions. Bracketed fields must be customized before filing. Remove guidance comments prior to submission.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Prayer for Relief
- Verification
- Certificate of Service
- Exhibits & Attachments
1. DOCUMENT HEADER
1.1 Caption
STATE OF NEW MEXICO
[____] JUDICIAL DISTRICT COURT
[COUNTY] COUNTY
[PETITIONER NAME],
Petitioner,
v. No. D-_-DR-__
[RESPONDENT NAME],
Respondent.
1.2 Title
VERIFIED PETITION FOR MODIFICATION OF CHILD SUPPORT
1.3 Introductory Recitals
COMES NOW [PETITIONER NAME] (“Petitioner”), by and through [COUNSEL NAME, FIRM], and pursuant to NMSA 1978, §§ 40-4-11.1 through 40-4-11.4 and Rule 1-120 NMRA, respectfully petitions this Honorable Court for an order modifying the existing child-support obligation, and in support states as follows:
2. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
2.1 “Children” means the minor child(ren) of the parties: [CHILD NAME(S); DOB(s)].
2.2 “Guidelines” means the New Mexico Child Support Guidelines codified at NMSA 1978, § 40-4-11.1 and Appendix IX of the NMRA.
2.3 “Prior Order” means the child-support order entered on [DATE], attached hereto as Exhibit A.
2.4 “Material Change” means a change in circumstances that is substantial and continuing such that application of the Guidelines would result in at least a twenty percent (20 %) variance from the Prior Order, per § 40-4-11.4(A).
2.5 “Worksheet” means the applicable Child Support Worksheet (A – sole custody / B – shared custody) attached as Exhibit B.
3. OPERATIVE ALLEGATIONS
3.1 Jurisdiction and Venue
(a) The Court has subject-matter jurisdiction under § 40-4-11.4.
(b) Venue is proper in [COUNTY] County pursuant to § 38-3-1, because the Children reside in this county.
3.2 Parties
(a) Petitioner is a resident of [COUNTY], New Mexico.
(b) Respondent is a resident of [COUNTY/STATE] and is subject to this Court’s personal jurisdiction.
3.3 Children
The parties are the natural [or adoptive] parents of the Children, who reside primarily with [CUSTODIAL PARENT].
3.4 Prior Order
The Prior Order established a monthly child-support obligation of $[AMOUNT] payable by [OBLIGOR] to [OBLIGEE].
3.5 Material and Substantial Change in Circumstances
Since entry of the Prior Order, the following Material Changes have occurred:
(a) Income Change: [Describe—e.g., loss of employment, salary increase, disability].
(b) Custody/Timesharing Adjustment: [Describe].
(c) Health-insurance or daycare cost changes: [Describe].
Application of the Guidelines to current facts yields a variance exceeding twenty percent (20 %), as shown in the Worksheet.
3.6 Guideline Support Calculation
(a) Petitioner’s current gross monthly income: $[AMOUNT].
(b) Respondent’s current gross monthly income: $[AMOUNT].
(c) Adjustments: [Health/dental premiums, daycare, etc.].
(d) Guideline support obligation (per Worksheet): $[AMOUNT] per month.
[// GUIDANCE: Attach a completed Worksheet and Financial Information Statement (Rule 1-132 NMRA) as mandatory exhibits.]
3.7 Medical Support & Unreimbursed Expenses
Petitioner requests allocation of insurance premiums and unreimbursed medical/dental/vision expenses in proportional shares per § 40-4-11.1(H).
3.8 Income Withholding (Wage Garnishment)
Pursuant to § 40-4-11.1(K) and 42 U.S.C. § 666, Petitioner requests immediate wage withholding through a Wage Withholding Order.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Information
Petitioner represents under penalty of perjury that all financial information provided herein and in the attached exhibits is true, correct, and complete to the best of Petitioner’s knowledge.
4.2 Compliance with Notice Requirements
Petitioner has provided Respondent with contemporaneous service of this Petition, Worksheet, and Financial Information Statement in accordance with Rule 1-004 NMRA.
5. COVENANTS & RESTRICTIONS
5.1 Ongoing Disclosure
Petitioner covenants to promptly supplement financial disclosures if any material changes occur prior to the hearing on this Petition.
5.2 Non-Harassment
Both parties are restrained from harassing, intimidating, or retaliating against the other in connection with these proceedings.
6. DEFAULT & REMEDIES
6.1 Failure to Comply
An obligor’s failure to pay support as ordered constitutes a default entitling the obligee to:
(a) Statutory interest and penalties;
(b) Contempt sanctions under Rule 1-091 NMRA;
(c) Interception of tax refunds and suspension of licenses as provided by state and federal law.
6.2 Attorney’s Fees and Costs
Pursuant to § 40-4-7 and Rule 1-054(D) NMRA, the prevailing party may recover reasonable attorney’s fees and costs upon a finding of financial disparity or bad faith.
7. RISK ALLOCATION
7.1 Income Percentage Cap
Child-support liability shall not exceed the percentage of obligor’s income calculated under the Guidelines, absent a written finding of extraordinary circumstances.
7.2 Force Majeure
An obligor affected by involuntary, catastrophic loss of income may move for interim relief; however, arrears shall continue to accrue until modified by court order.
8. DISPUTE RESOLUTION
8.1 Governing Law
This matter is governed exclusively by the laws of the State of New Mexico.
8.2 Forum Selection
The [____] Judicial District Court, Domestic Relations Division, retains exclusive jurisdiction over all matters arising hereunder.
8.3 Arbitration & Jury Trial
Family-law matters are non-jury and not subject to private arbitration absent court approval (Rule 1-091 NMRA).
8.4 Injunctive Relief
The Court retains authority to issue income-withholding and other enforcement orders to ensure timely support payments.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any modification of a child-support obligation must be in writing and approved by the Court; oral waivers are unenforceable.
9.2 Severability
Should any provision herein be declared invalid, the remaining provisions shall remain in full force to the extent permitted by law.
9.3 Integration
This Petition, together with its exhibits, constitutes the complete statement of the relief requested; no prior statements shall have legal effect.
9.4 Electronic Signatures
Signatures transmitted electronically shall be deemed originals under the Uniform Electronic Transactions Act, NMSA 1978, §§ 14-16-1 to -19.
10. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court:
1. Find that a material and substantial change in circumstances exists under § 40-4-11.4;
2. Enter a modified child-support order requiring [OBLIGOR] to pay $[AMOUNT] per month commencing [DATE];
3. Allocate medical support and unreimbursed expenses as set forth above;
4. Issue an immediate Wage Withholding Order to enforce the modified obligation;
5. Award statutory interest, attorney’s fees, and costs as justice requires; and
6. Grant such other and further relief as the Court deems just and proper.
11. VERIFICATION
I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Verified Petition for Modification of Child Support and that the statements contained herein are true and correct to the best of my knowledge and belief.
[PETITIONER NAME]
State of New Mexico )
County of ___ ) ss.
Subscribed and sworn before me on this ___ day of _, 20.
Notary Public
My Commission Expires: ____
12. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served upon [RESPONDENT NAME or RESPONDENT’S COUNSEL] by [method—hand delivery, certified mail, electronic service per Rule 1-005 NMRA] on this ___ day of _, 20.
[PETITIONER’S ATTORNEY NAME]
Counsel for Petitioner
13. EXHIBITS & ATTACHMENTS
• Exhibit A – Prior Child Support Order (file-stamped copy)
• Exhibit B – Completed Child Support Worksheet [A/B]
• Exhibit C – Petitioner’s Financial Information Statement (Form 4-222 NMRA)
• Exhibit D – Proposed Wage Withholding Order
[// GUIDANCE: Include any additional documentation evidencing income change—e.g., pay stubs, termination letter, SSA determination.]
Respectfully submitted,
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Petitioner