New Mexico law calls it "spousal support". Other states call it things like "maintenance". Whatever its called, it can be a very difficult issue and it forces more divorces to final hearing for the judge to decide, than any other issue common to divorces. If receiving or having to pay spousal support is the tough legal problem you need help with, you should consult with a trial lawyer you are comfortable with. Sidney Childress has conducted approximately 30 jury trials and hundreds of other non-jury trials, hearings, arbitrations and mediations in many different areas of the law.
If the parties cannot agree on a fair amount of spousal support, the Court has very broad discretion to award, as either a lump sum payment or court-ordered installments, an amount ". . . . . as under the circumstances of the case may seem just and proper . . . . ." The court may provide spousal support for ". . . . . education, training, work experience or other forms of rehabilitation that increases the spouse's ability to earn income and become self-supporting." The Court can order a specific "rehabilitation plan", "transitional" support, and even support for "an indefinite duration".
The length of the marriage is a very important factor in setting the amount of any award of spousal support. Many Judges consider it practically an "entitlement" after 20 years of marriage. Fortunately, New Mexico's divorce laws require the Court to consider some specific factors in awarding any spousal support. These factors include but are not limited to:
the age, health and ability of each spouse to support themselves;
the current and future earning capacity of each spouse;
the good faith efforts of the spouses to support themselves without assistance;
the reasonable needs of the spouses, including the standard of living they were accustomed to during the marriage; and
the amount of property and debts each spouse has after the divorce.
The key words in New Mexico spousal support law are "just and proper". If receiving or having to pay spousal support is the tough legal problem you are worried about, you should consult with a trial lawyer you are comfortable with. Sidney Childress has conducted approximately 30 jury trials and hundreds of other non-jury trials, hearings, arbitrations and mediations in many different areas of the law. We use common sense, sound judgment, litigation and courtroom process to provide our clients with the best result possible under the circumstances.
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