AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

The case involves a dispute over child support obligations. The Petitioner, a mother of two minor children, sought to include child-care costs incurred while attending college in the calculation of child support. She pursued a degree to improve her earning potential after being unable to continue her previous work due to medical conditions. The Respondent, the father, contested the inclusion of these costs, arguing they were not related to employment or job search as required by the statute (paras 2-4).

Procedural History

• District Court of Bernalillo County: Determined child support arrears and prospective child support, including child-care costs incurred by the Petitioner while attending college, and awarded attorney fees to the Petitioner (paras 1, 4).

Parties' Submissions

• Appellant (Respondent): Argued that child-care costs incurred while the Petitioner attended college were not "due to employment or job search" under the statute. Contended that the trial court erred in failing to offset $500 in payments made during 1993 and that the award of attorney fees was an abuse of discretion (paras 1, 5, 23, 25).
• Appellee (Petitioner): Asserted that her child-care costs were necessary for her educational pursuits, which were undertaken in good faith to improve her future earning capacity. She also argued that the attorney fees awarded were justified due to the economic disparity between the parties (paras 3-4, 25-26).

Legal Issues

• Whether child-care costs incurred while the Petitioner attended college qualify as costs "due to employment or job search" under NMSA 1978, Section 40-4-11.1(G) (para 5).
• Whether the trial court erred in failing to offset $500 in payments made by the Respondent during 1993 against child support arrearages (para 23).
• Whether the trial court abused its discretion in awarding attorney fees to the Petitioner (para 25).

Disposition

• The Court of Appeals affirmed the trial court's decision on all issues (para 28).

Reasons

Per Armijo J. (Apodaca CJ. and Alarid J. concurring):

• Child-Care Costs: The court held that child-care costs incurred while the Petitioner attended college in good faith to improve her future earning potential were reasonably related to a "job search" under Section 40-4-11.1(G). The court reasoned that the statute's purpose and related legislative policies supported this interpretation, as the Petitioner's education would likely enhance her ability to support her children in the long term (paras 6-20).

• Offset of $500 Payments: The court found that the trial court's decision not to offset $500 in payments was supported by substantial evidence. The evidence did not clearly establish that the payments were for child support, and the trial court's findings were reasonable (paras 23-24).

• Attorney Fees: The court upheld the award of attorney fees, noting the significant economic disparity between the parties. The trial court had considered the Respondent's financial circumstances and allowed installment payments. The award was supported by substantial evidence, including detailed affidavits from the Petitioner's attorney (paras 25-27).