Albuquerque Spousal & Child Support Attorneys

Spousal and child support can be emotionally charged, contentious issues in and outside of divorce. Whether you need help establishing, modifying, or terminating spousal and/or child support, you can turn to an experienced Albuquerque family lawyer at Sutherland Law Firm, LLC.

Our attorneys have been effectively representing clients, protecting, and advocating their interests in spousal support and child support cases, for 40 years. We are ready to put our experience, insight, and skills to work helping you bring your case to the best possible resolution.

Las Cruces Spousal & Child Support Attorneys

Call 505-539-3232 or Email Us for Answers about Your Options Regarding Spousal Support and/or Child Support

Let us help you get through the conflict so you can focus on your fresh start and a new beginning.


Also referred to as alimony or spousal maintenance, spousal support can be requested by either spouse during a divorce. The different types of alimony include:

  • Temporary alimony – This type of spousal maintenance can be awarded for the short-term while a couple is separated and/or going through a divorce.
  • Long-term alimony – Also referred to as permanent alimony, this form of spousal support is usually awarded as part of a final divorce decree. Generally, long-term alimony is reserved for marriages that lasted for a long period of time.
  • Transitional alimony – This form of spousal support can last for 6 to 24 months, and it is intended to help one spouse pursue education, training, and/or a degree that will help him or her earn a living.

With spousal support in New Mexico:

  • If spouses can agree on the terms of alimony – or if a valid prenuptial or post-nuptial dictates the terms of alimony, the court will typically uphold the existing agreement.
  • The spouse requesting alimony will have the burden of proving (s)he needs it and that the other spouse can afford to pay it.
  • The court1 has the discretion to determine whether alimony should be awarded and, if so, how much the payments are and how long they will last. The court can also determine whether spousal support is modifiable in the future.

When the court steps in to make determinations regarding spousal support, it will consider factors like:

    • The length of the marriage
    • The standard of living during the marriage
    • The income and earning capacity of each spouse
    • The age and health of each spouse
    • How the community property was divided
    • The assets and/or liabilities each spouse holds separately.


Either parent may be ordered to pay child support. When making child support determinations, the court1 will use a specific formula to determine each parent’s financial obligations to raising and caring for the child or children. This formula takes into account:

  • Each parent’s income – This includes job-related earnings, as well as commissions, bonuses, income from a trust, workers’ compensation benefits and unemployment benefits. It can also include disability and Social Security benefits.
  • The amount of time each parent has the child(ren) – This refers to how the physical custody or parenting time is divided between the parents.
  • The number of children involved.

Under certain conditions, the court ma