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Home Spousal Support/Alimony in Albuquerque and Rio Rancho

Spousal Support/Alimony in Albuquerque and Rio Rancho

Spousal support (alimony) can be awarded when one spouse earns significantly more than the other or other special factors exist. An example is when one parent stays home to care for children in lieu of a career outside the home. If you need help understanding whether you deserve financial spousal support (alimony) in Albuquerque, New Mexico, the Law Office of Dorene A. Kuffer can help. We also serve clients in Rio Rancho.Alimoney-disabilities

Granting Spousal Support in New Mexico

The spousal support laws in New Mexico allow the granting of alimony. The person requesting support, however, should demonstrate why he/she needs it. If the parties are in a disagreement, a judge can help determine if alimony is appropriate in their situation. Once you agree or the court orders spousal support, it is binding. You’ll be required to make the proper payments to your spouse.

Payment Requirements for Spousal Support

You need to meet these requirements to qualify your payments as spousal support:

  • The payments need to be in the form of cash or check. Paying off debts and assets are not eligible as payments for support.
  • The payments should be provided for in a written agreement or a divorce
  • Payments made before the agreement to payment or divorce was finalized are not qualified as spousal support
  • You cannot claim spousal support when you file joint tax returns during the same year
  • You cannot make alimony payments when you and your spouse are living in the same residence

Modifying Spousal Support

Court-issued spousal support orders are final and enforceable by law. Modifications, however, are possible due to special or unique circumstances. A good example is a party experiencing extreme hardship and is having a difficult time making the necessary payments. It’s best to reach out to an experienced Rio Rancho or Albuquerque lawyer if you plan to have some of the alimony terms changed.

Determining Spousal Support

The court usually considers the following factors when granting spousal support:

  • The respective spouses’ present and future earnings, together with the earning capacity
  • The means of support, health, and age of the respective spouses
  • The respective spouses’ good-faith efforts to become self-supporting or to maintain employment
  • The duration of the marriage
  • The respective spouses’ reasonable needs, which include:
    • The life insurance’s appropriateness, including its cost and availability
    • The maintenance of medical insurance
    • The standard of living for the term of the marriage
  • The amount of property confirmed or awarded to the respective spouses
  • The agreements entered into by the spouses in consideration of legal separation or dissolution of marriage
  • The respective spouses’ income generated by their property
  • The nature and type of the liabilities of the respective spouses
  • The asset type and nature of the respective spouses

On top of these factors, there is an alimony guidelines worksheet recommended by the New Mexico Supreme Court. While the guidelines aren’t binding in any court, it may be useful to check them out to help you with alimony negotiations. You’ll find the Alimony worksheet at the New Mexico Court website. When using this worksheet, remember that it only provides the court with a possible scenario for alimony payments and is not applicable in all cases.

Contact our New Mexico Divorce Lawyer

When you work with Dorene Kuffer, you’ll receive a high degree of personalized attention. She possesses expertise in all areas of family and criminal law in Albuquerque, New Mexico. Contact our family law office today to schedule a consultation with Dorene Kuffer.

Questions about alimony in Albuquerque, NM?
Contact divorce lawyer Dorene A. Kuffer at 505-924-1000 to schedule a consultation.

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About Us

Dorene Kuffer is the senior and principle attorney with over 30 years practicing all aspects of criminal and family law in New Mexico and Illinois. In 2007, Dorene moved to New Mexico, where she is licensed to practice before the 10th District Court, the United States Supreme Court and the United States Tax Court as well as all magistrate, metropolitan and district courts in New Mexico.

Services

  • Juvenile Law
  • Child Support
  • Child Custody
  • Divorce Lawyer
Directions to Kuffer Law Firm Albuquerque Directions to Kuffer Law Firm Santa Fe

Law Office of Dorene Kuffer

Albuquerque Office
500 4th Street NW, Suite 250
Albuquerque, NM 87102
Tel: 505-924-1000

Santa Fe Office
150 Washington Ave, Suite 201
Santa Fe, NM 87501
Tel: 505-924-1000

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  • About Us
    • Our Staff
      • Dorene Kuffer
      • Joyce Hammerschmidt
      • Jill Anderson
      • Melissa DeHoyos
      • James Deacon
      • Daniel Walton
    • Questions
    • Links
    • Testimonials
  • Practice Areas
    • Child Law
      • Adoption
      • Child Support
      • Child Custody
      • Child Visitation and Support
      • Child Custody Modification
    • Juvenile Law
      • Bullying in School
      • Child Charged as an Adult
    • Divorce Lawyer
      • Spousal Support
      • Divorce Mediation
      • Prenuptial and Postnuptial Agreements
    • Criminal Lawyer
    • CYFD Cases
    • Domestic Partnership Agreements
    • Domestic Violence
      • Orders of Protection and Restraining Orders
    • Elder Law Attorney
    • Father’s Rights
    • Legal Separation
    • Marital or Premarital Agreements
    • Wills & Estates
  • LGBT
    • Gay and Lesbian Rights
    • LGBT Adoption Lawyer
    • LGBT Child Custody
    • LGBT Divorce
    • LGBT Domestic Partnerships
    • Domestic Violence
    • Mediation
    • Second Parent Adoptions
    • LGBT Spousal or Partner Abuse
  • Santa Fe
    • Divorce Law
    • Complex & High Asset Divorce
    • Child Custody
    • Child Support
  • Blog
  • Contact Us