Erickson v. Erickson

1999 NMCA 056, 978 P.2d 347, 127 N.M. 140
CourtNew Mexico Court of Appeals
DecidedApril 1, 1999
Docket19,428
StatusPublished
Cited by15 cases

This text of 1999 NMCA 056 (Erickson v. Erickson) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Erickson v. Erickson, 1999 NMCA 056, 978 P.2d 347, 127 N.M. 140 (N.M. Ct. App. 1999).

Opinion

OPINION

HARTZ, J.

{1} Ordinarily, the district court’s calculation of child support after marital dissolution is a straightforward process. The governing statute, NMSA 1978, § 40-4-11.1 (1995), contains schedules and worksheets that enable the court and the parties to plug in the parties’ incomes, number of children, and a few other numbers to obtain the presumptively correct amount of child support. But this is not an ordinary case. Although the facts are uncontested, they are unusual. The question before us is whether either of the statutory worksheets applies and, if not, how child support should be calculated.

I. BACKGROUND

{2} Laura Erickson (Mother) and Christopher Erickson (Father) are the divorced parents of two children, Andrew and Michelle. Andrew lives 59% of his time with Father and 41% of his time with Mother. Michelle lives 71% of her time with Mother and 29% with Father.

{3} Section 40-4-11.1 defines two different types of custody arrangements: basic visitation and shared responsibility. “Basie visitation” is defined as “a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time.” Section 40-4-II.1(D)(2). “Shared responsibility” is defined as “a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.” Section 40-4-11.1(D)(3). Thus, if Andrew were the only child of the marriage, the custodial arrangement would be described as shared responsibility, because Andrew spends at least 35% of the year with each parent. On the other hand, if Michelle were the only child of the parties, the custodial arrangement would be described as basic visitation, because she spends less than 35% of her time with Father.

{4} The steps in computing child support are set forth in Section 40-4-11.1. The starting point is the income of each parent, which is defined by the statute as the “actual gross income of a parent if employed to full capacity or potential income if unemployed or underemployed.” Section 40-4-11.1(0(1). Subsection E then states:

The basic child support obligation shall be calculated based on the combined income of both parents and shall be paid by them proportionately pursuant to Subsections K and L of this section.

Subsection F states:

Physical custody adjustments shall be made as follows:
(1) for basic visitation situations, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet A and instructions contained in Subsection K of this section. The court may provide for a partial abatement of child support for visitations of one month or longer; and
(2) for shared responsibility arrangements, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet B and instructions contained in Subsection L of this section.

{5} The statutory schedule sets forth the basic child support given the combined income of the parents and the number of their children. This figure applies to basic-visitation arrangements; it is multiplied by 1.5 to obtain the amount applicable to a shared-responsibility arrangement. Each parent is obligated for a fraction of the basic support equal to that parent’s share of the total income. In a basic-visitation arrangement, the parent with physical custody is treated as if that parent is paying all costs of basic support, and the parent who has visitation rights owes his or her share of the basic support to the custodial parent. See § 4ÍM-11.1(K) (Worksheet A). In a shared-responsibility arrangement, the basic-support obligation owed by a parent is reduced in proportion to the time that the child spends with the parent. See § 40-4-ll.l(G). Adjustments to basic support can be made for medical and dental insurance and child care, see § 40-4-11.1(H), and for certain extraordinary expenses and expenses for long distance visitation or time sharing, see § 40-4-11.1(1), with each parent bearing such expenses in proportion to his or her income, regardless of the custodial arrangement. Finally, the amounts owed by each parent to the other parent are netted, and the parent owing the greater amount pays the net amount to the other.

{6} In this case the district court computed the child-support award using both Worksheets A (for basic visitation) and B (for shared responsibility). To compute the child support owed by Father with respect to Michelle,’ the court used Worksheet A. The court took $3484 as Mother’s gross monthly income and $5680 as Father’s gross monthly income, so that the parents’ combined gross monthly income was $9164. (Father’s actual income was $5726. The court reduced this by $46 — incorrectly in our view, as we explain later — because of its computation that Father owed Mother $46 per month for Andrew’s support.) The Basic Child Support Schedule in Section 40-4-11.1 provides that for gross monthly income greater than $8000, the basic child support for one child is 11% of the combined parental income. Thus, for a child whose parents have a combined income of $9164, the basic support is $1008. Worksheet A was filled out as follows:

WORKSHEET A — BASIC VISITATION

MONTHLY CHILD SUPPORT OBLIGATION

Custodial Other Combined Parent Parent

1. Gross Monthly Income $3,484 $5,680 $9,164

2. Percentage of Combined Income 38% 62% 100%

3. Number of Children 1

4. Basie Support from Table NA NA $1,008

Custodial Parent Other Parent Combined

5. Children’s Health and Dental Insurance Premium $0 $40 40

6. Work-Related Child Care 337 0 337

7. Additional Expenses (per 40-4-11.l(H)NMSA) 0 _0 _0

8. Total Support 1 $337 $40 $1,385

9. Each Parent’s Obligation [line 2 x $1385] 526 859
10. Enter Amount for Each Parent from Line 8 (337) (40)
11. Each Parent’s Net Obligation $189 $819

FATHER PAYS MOTHER EACH MONTH $819

The district court made two adjustments to the basic support — one arising from Father’s payment of a $40 monthly premium for Michelle’s health and dental insurance and the other arising from Mother’s monthly payment of $337 for work-related child cafe.

{7} For Andrew the court treated the custody arrangement as one of shared responsibility and computed the child support owed with respect to him using Worksheet B.

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Cite This Page — Counsel Stack

Bluebook (online)
1999 NMCA 056, 978 P.2d 347, 127 N.M. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erickson-v-erickson-nmctapp-1999.