Child Custody & Child Support Attorney
in Albuquerque, New Mexico

Child Custody

Divorced parents must encourage the child's relationship with the other parent, except in situations that involve child abuse, sexual abuse, or substance abuse (including alcohol abuse and drug abuse). Parents who don't attend to the medical or dental treatment for their children, do not attend to their educational needs, or attempt to influence the children to respond negatively towards the other parent may lose custody of the children. The contemporary phrase "Parental Alienation" is sometimes used.  Albuquerque courts require a substantial and material change in circumstances before they will consider changing custody from one parent to another.

Child Support

Child support payments are designed to provide for the needs of your child or children. Whether you are seeking to collect child support, or are attempting to defend yourself from having to excessively pay such support, Benshoof Law will work with you and provide you with the advice you need to ensure that your children are receiving the appropriate amount of financial support.

How is child support calculated in the state of Albuquerque?

When it comes to child support payments, it is important that a fair and appropriate amount is calculated for both parties. In Albuquerque there is a formula for calculating how much child support you are obligated to pay. The primary factors that are considered in the formula for calculating child support include child custody designations and the gross monthly income (GMI) of each parent. In cases where one parent is awarded primary physical custody of the children, the other parent may be ordered to pay a percentage of one's GMI based on how many children that one shares with his or her spouse.

Modifying Visitation or Parenting Time

Before changing the parenting schedule, the Court will require mediation. If you have a parenting plan, you have probably already agreed to enter into mediation prior to setting a court hearing. Changing the visitation schedule does not require the level of proof that is required to change custody from one parent to another. Often these changes are needed because of the changing needs for children as they grow, changes in school schedule, or the inability to make smooth transitions between parents. We can assist in modifying parenting time by acting as the mediator or as your attorney, but we cannot take both roles.

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