Rule 1-122.Dissolution of marriage and Section 40-4-3 NMSA 1978 proceedings; interim order allocating income and expenses
Last amended December 31, 2013 · Last verified June 26, 2026
In one sentenceRule 1-122 provides that, absent exceptional circumstances, community income and expenses are equally divided during a dissolution proceeding, by interim order.
A.Interim order allocating income and expenses. Absent exceptional circumstances, during the pendency of a dissolution of marriage or Section 40-4-3 NMSA 1978 proceeding, community income and expenses shall be equally divided between the parties. Upon motion, separate income and expenses may also be divided if appropriate.
B.Agreement by parties. The parties may file a stipulation waiving the entry of an interim order allocating income and expenses.
C.Allocation of income and expenses. If the parties have not agreed to or waived entry of an interim order allocating income and expenses, at any time after commencement of the proceeding
(1)a party may file a motion requesting the court to enter an interim order allocating income and expenses; or
(2)the court, on its own motion, may set a hearing to allocate income and expenses. At least five (5) days prior to the hearing the parties shall be required to exchange the information set out in Domestic Relations Form 4A-212 NMRA.
D.Modification of interim allocation. Any party may file a motion to modify or supplement the interim order allocating income and expenses.
E.Form of statements, orders, and notices. Interim monthly income and expense statements, interim orders allocating income and expenses, notices of hearing for an interim order dividing income and expenses and orders for production shall be substantially in the form approved by the Supreme Court.
End
Rule History
[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001; as amended by Supreme Court Order No. 13-8300-047, effective for all cases filed or pending on or after December 31, 2013.]
Committee Commentary
There are two choices available for interim orders allocating income and expenses. A district court may:
(1) provide for an interim allocation of income and expenses upon motion of a party (Domestic Relations Form 4A-111 NMRA); or
(2) unless waived by the parties at the time of the filing of the petition, provide for an interim allocation of community income and expenses in every proceeding by serving a notice in accordance with Domestic Relations Form 4A-121 NMRA. Upon motion of a party, the court may also divide separate income and expenses.
The interim allocation or communication and expenses form, Domestic Relations Form 4A-122 NMRA, uses a fixed percentage of income to determine child support expenses. If the parties have a negative or minimal net spendable income, the court has the discretion to fashion an appropriate order.
Plain-English Summary
This rule keeps finances balanced while a divorce is pending. Absent exceptional circumstances, during a dissolution or legal-separation proceeding community income and expenses are divided equally between the parties, and separate income and expenses may be divided too if appropriate. The parties may stipulate to waive an interim order.
If they have not agreed or waived it, a party may move for an interim order allocating income and expenses, or the court may set a hearing on its own—after the parties exchange the required income-and-expense information at least five days ahead. Any party may move to modify or supplement the interim allocation, and the statements, orders, and notices follow the approved forms.
Frequently Asked Questions
How are income and expenses handled during a divorce?
Absent exceptional circumstances, community income and expenses are divided equally between the parties by an interim order, unless the parties stipulate to waive it.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-122 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:interim orderallocating income and expensescommunity incomeinterim allocation