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Interim Division of Income & Expense

Because New Mexico is a community property state, and you are still married while the divorce process moves forward, each party is entitled to an equal share of the community income during the divorce.  Likewise, each party is responsible for the community debt.

This becomes an issue when one of the parties has much greater income than the other.  In these situations, the party with the smaller income would file a Motion for Division of Interim Income and Expense.  Basically, the process results in an equal division of income and expense for the duration of the divorce process.  In basic terms, the party making the greater income will transfer income to the other party each month in order to equalize income and expense.

Though Interim Division of Income and Expense is simple in concept, it can be a fairly complex endeavor in the identification of the community income and expenses.  You should be careful in deciding whether or not to file.  You should review the Interim Division Worksheet to insure that it will not be you transferring income each month.

Once the Motion for Interim Division of Income and Expense is filed, each party is required to provide proof of their income and expenses.  The document production requirements are set forth in the Notice of Hearing on Interim Division of Income and Expense.  The expenses include necessities such as rent, car payments, minimum credit card payments, phone bills, insurance and so on.   You should review the worksheet and the use instructions carefully to make sure you accurately calculating the monthly transfer of income.

Once the parties have provided all the necessary documentation, which is often very challenging due to the refusal of one of the parties to provide the court ordered documentation, each party will compute an Interim Division of Income and Expense Worksheet.  If the parties can agree on the numbers for the community income and expense, an Order will be issued by the Court to reflect the parties agreed upon transfer of income.   Often times, the parties cannot agree and an evidentiary hearing is required where each party will try to prove to the Court that his or her numbers are correct.     If the parties cannot agree, the Court will make its own finding and issue the Order Dividing Income and Expense based upon its own judgment.

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