reglab/housing_qa huggingface dataset:
NM Stat § 40-4-11.3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-11.3 - Child support guidelines review commission; created; review of child support guidelines.

A. There is created the "child support guidelines review commission", which is administratively attached to the human services department. The commission shall consist of seven members who shall be appointed by the secretary of human services. The commission shall be organized once every four years for a term not to exceed thirty days. The commission shall, within four years of the effective date of this section and every four years thereafter:(1) review the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to ensure that the application of the guidelines results in the determination of appropriate child support order amounts; and (2) provide a report of its findings to the secretary of human services.B. The human services department shall publish online and make accessible to the public the:(1) findings of the child support guidelines review commission;(2) membership of the commission; and(3) date of the next quadrennial review.C. Members of the child support guidelines review commission shall not be paid but shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: 1978 Comp., § 40-4-11.3, enacted by Laws 1989, ch. 36, § 2; 2021, ch. 20, § 3. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, created the child support guidelines review commission, provided the duties of the commission, required the commission to provide periodic reports to the secretary of human services, and required the human services department to publish certain information regarding the commission; in the section heading, added "Child support guidelines review commission; created"; in Subsection A, added "There is created the 'child support guidelines review commission', which is administratively attached to the human services department. The commission shall consist of seven members who shall be appointed by the secretary of human services. The commission shall be organized once every four years for a term not to exceed thirty days. The commission shall", in Paragraph A(1), added "review", after "Section 40-4-11.1 NMSA 1978", deleted "shall be reviewed as to their appropriateness by an appropriate executive or legislative commission or executive department" and added "to ensure that the application of the guidelines results in the determination of appropriate child support amounts; and", and added Paragraph A(2); and added new Subsections B and C.
NM Stat § 40-4-11.6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-11.6 - Attachment of guideline worksheet to order.

A completed child support obligation guideline worksheet shall be attached to all orders that establish or modify child support. The completed worksheet shall be signed by the obligor and obligee or their attorneys. The completed worksheet shall be incorporated as part of the child support order. The worksheet shall also be attached to the child support order unless the court decrees that the worksheet be sealed or unless the obligor and obligee agree that it should be sealed. History: 1978 Comp., § 40-4-11.6, enacted by Laws 1991, ch. 206, § 3. ANNOTATIONSReview of worksheet on appeal. — Absent a request to the trial court that it include a worksheet, father failed to preserve this error for review. Roberts v. Wright, 1994-NMCA-022, 117 N.M. 294, 871 P.2d 390.
NM Stat § 40-4-13 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-13 - Spousal support to constitute lien on real estate.

A. The decree making the allowance for spousal support to either spouse shall be a lien on the real estate of the obligor spouse from the date of filing of a notice of order or decree in the office of the county clerk of each county where any of the property is situated. B. The notice of order or decree shall contain: (1) the caption of the case from which the duty of spousal support arose, including the state, county and court in which the case was heard, the case number and the names of the parties when the case was heard; (2) the date of entry of the judgment, order or decree from which the duty of spousal support arose; (3) the current names, social security numbers and dates of birth of the parties; and (4) each party's last known address, unless ordered otherwise in the judgment, order or decree from which the duty of spousal support arose. C. The notice shall be executed and acknowledged in the same manner as a grant of land is executed and acknowledged. D. A copy of the recorded notice shall be sent to the obligor spouse at his last known address. History: 1941 Comp., § 25-717, enacted by Laws 1947, ch. 16, § 2; 1953 Comp., § 22-7-14; Laws 1973, ch. 319, § 10; 1993, ch. 111, § 1. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, substituted "Spousal support" for "Money allowance" in the catchline, designated the existing provisions as Subsection A, substituted "spousal support" for "alimony", "obligor" for "other", and "of a notice of order or" for "for record a certified copy of the" in Subsection A, and added Subsections B through D. Enforcement of child support by attachment for contempt. — Section 2190 of Code 1915 (39-4-1 NMSA 1978), though giving execution for money decrees in equity, does not abrogate equity power to enforce by attachment as for contempt its decree for monthly payments for support of children. Ex parte Sedillo, 1929-NMSC-038, 34 N.M. 98, 278 P. 202. Am. Jur. 2d, A.L.R. and C.J.S. references. — 24 Am. Jur. 2d Divorce and Separation §§ 884 to 893. Decree for payment for support or alimony as a lien or the subject of declaration of lien, 59 A.L.R.2d 656. Death of obligor spouse as affecting alimony, 79 A.L.R.4th 10. 27B C.J.S. Divorce § 471.
NM Stat § 40-4-14 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-14 - Allowance in property; appointment and removal of guardian.

In proceedings for the dissolution of marriage, separation or support between husband and wife, the court may make an allowance of certain property or properties of either party or of both parties for the maintenance, education and support of the minor children of the parties, and may vest title to the part of the property so allowed in a conservator appointed by the court. The conservator must qualify and serve in such capacity as provided in Sections 5-101 through 5-502 [45-5-101 to 45-5-502 NMSA 1978] of the [Uniform] Probate Code. History: 1941 Comp., § 25-718, enacted by Laws 1947, ch. 16, § 3; 1953 Comp., § 22-7-15; Laws 1973, ch. 319, § 11; 1975, ch. 257, § 8-114. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For symposium, "Equal Rights in Divorce and Separation," see 3 N.M.L. Rev. 118 (1973). Am. Jur. 2d, A.L.R. and C.J.S. references. — Father's liability for support of child furnished after divorce decree which awarded custody to mother but made no provision for support, 91 A.L.R.3d 530.
NM Stat § 40-4-16 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-16 - [Satisfaction of liens.]

The liens created by this act [40-4-12 to 40-4-19 NMSA 1978] may be satisfied by execution or may be foreclosed under the same procedure as is now allowed for the foreclosure of judgment liens. History: 1941 Comp., § 25-720, enacted by Laws 1947, ch. 16, § 5; 1953 Comp., § 22-7-17. ANNOTATIONSCross references. — For execution and foreclosure, see 39-4-1 to 39-4-16 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Decree for periodic payments for support or alimony as a lien, or the subject of a declaration of a lien, 59 A.L.R.2d 656.
NM Stat § 40-4-17 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-17 - [Motion to remove lien; bond for alimony or support payments.]

The district court upon motion made in the cause wherein the decree was rendered may remove the liens created by this act [40-4-12 to 40-4-19 NMSA 1978] upon notice and upon good cause shown from any or all of the real estate, subject to such lien; and the judge, in his discretion, upon the removal of such lien, may require bond for the faithful performance of the payment of alimony or support money in accordance with the decree. History: 1941 Comp., § 25-722, enacted by Laws 1947, ch. 16, § 7; 1953 Comp., § 22-7-19. ANNOTATIONSLaw reviews. — For annual survey of domestic relations law in New Mexico, see 18 N.M.L. Rev. 371 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. — Laches or acquiescence as defense so as to bar recovery of arrearages of permanent alimony or child support, 5 A.L.R.4th 1015.
NM Stat § 40-4-18 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-18 - [Limitation of liens under Laws 1901, ch. 62, 28, 29.]

All liens created by a decree rendered under Sections 28 and 29 of Chapter 62, Laws of 1901, (Sections 25-707 and 25-708, New Mexico Statutes, 1941, Annotated) against any property of a person shall be of no force and effect against any of said property after six months from the effective date of this act. Provided, however, that a certified copy of any such decree rendered prior to the effective date of this act may be filed for record with the county clerk as herein provided during said six months' period in which case it shall be a lien from the date of the decree and any such decree filed for record after such period shall be a lien only from and after the date of filing with the county clerk. History: 1941 Comp., § 25-723, enacted by Laws 1947, ch. 16, § 8; 1953 Comp., § 22-7-20. ANNOTATIONSCompiler's notes. — Laws 1901, ch. 62, §§ 28 and 29, referred to in this section, were repealed by Laws 1947, ch. 16, § 10. The phrase "effective date of this act" in the second sentence refers to the effective date of Laws 1947, ch. 16, § 12, which was February 20, 1947. Am. Jur. 2d, A.L.R. and C.J.S. references. — Laches or acquiescence as defense so as to bar recovery of arrearages of permanent alimony or child support, 5 A.L.R.4th 1015.
NM Stat § 40-4-19.2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-19.2 - Repealed.

ANNOTATIONSRepeals. — Laws 1985, ch. 105, § 21 repealed 40-4-19.1 and 40-4-19.2 NMSA 1978, as amended and enacted by Laws 1983, ch. 77, §§ 1 and 2, respectively, relating to wage deduction proceedings, effective June 14, 1985. For present comparable provisions, see Chapter 40, Article 4A NMSA 1978.
NM Stat § 40-4A-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-1 - Short title.

This act may be cited as the "Support Enforcement Act". History: Laws 1985, ch. 105, § 1. ANNOTATIONSCross references. — For the Parental Responsibilty Act, see 40-5A-1 NMSA 1978 et seq. For forms relating to garnishment of wages for child support, see Rules 4-811 and 4-812 NMRA. Compiler's notes. — The term "this act" means Laws 1985, ch. 105, which appears as 27-2-32, 37-1-29, 40-4-15, 40-4A-1 to 40-4A-16 NMSA 1978. Law reviews. — For article, "Arbitration of Domestic Relations Disputes in New Mexico," see 16 N.M.L. Rev. 321 (1986). Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — Postmajority disability as reviving parental duty to support child, 48 A.L.R.4th 919. Right to credit on child support arrearages for gifts to child. 125 A.L.R. 5th 441.
NM Stat § 40-4A-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-3 - Purpose of income withholding.

Income withholding is intended to ensure compliance with the order for support and provide for the liquidation of any delinquency which may have accrued. History: Laws 1985, ch. 105, § 3.
NM Stat § 40-4A-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-4 - Notice of delinquency.

A. When an obligor accrues a delinquency, the obligee or public office may prepare and serve upon the obligor a copy of a verified notice of delinquency. The income of a person with a support obligation imposed by a support order issued or modified in the state before January 1, 1994, if not otherwise subject to immediate withholding under Section 40-4A-4.1 NMSA 1978, shall become subject to immediate withholding as provided in Section 40-4A-4.1 NMSA 1978 if arrearages occur, without the need for a judicial or administrative hearing. B. If the date upon which payment is due under an order for support is not stated in the order for support, the due date shall be deemed to be the last day of the month. C. The notice of delinquency shall: (1) recite those terms of the order for support which enumerate the support obligation; (2) contain a current computation of the period and total amount of the delinquency; (3) inform the obligor of the amount to be withheld; (4) inform the obligor of the procedures available to contest the income withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact; (5) state that, unless the obligor complies with the procedures to contest the income withholding, a notice to withhold income shall be served upon the payor; (6) state that the notice to withhold income shall be applicable to any current or subsequent payor; and (7) state the name and address of the public office to which withheld income shall be sent. D. The original notice of delinquency shall be filed with the clerk of the district court. E. Service of the notice of delinquency upon the obligor shall be effected by sending the notice by prepaid certified mail addressed to the obligor at his last known address or by any method provided by law for service of a summons. Proof of service shall be filed with the clerk of the district court. History: Laws 1985, ch. 105, § 4; 1997, ch. 237, § 7. ANNOTATIONSCross references. — For provisions relating to establishing a state case registry of obligors and related information and additional support enforcement procedures, see 27-1-8 to 27-1-14 NMSA 1978. For the State Directory of New Hires Act, see 50-13-1 NMSA 1978 et seq. The 1997 amendment, effective April 11, 1997, rewrote Subsection A, in Paragraph C(4), added "on the grounds that the withholding or the amount withheld is improper due to a mistake of fact" at the end, substituted "contest the" for "avoid" in that paragraph and in Paragraph C(5), and made minor stylistic changes.
NM Stat § 40-4A-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-5 - Notice to withhold income.

A. The obligee or public office shall file an affidavit with the clerk of the district court showing that notice of delinquency has been duly served upon the obligor. B. Upon filing of the affidavit required by Subsection A of this section, the notice to withhold income shall be filed with the clerk of the district court and served upon the payor by certified mail or personal delivery, and proof of service shall be filed with the clerk of the district court. C. A conformed copy of the notice to withhold income shall be mailed to the obligor at his last known address. D. The notice to withhold income shall be verified by the obligee or public office and shall: (1) state the amount of income to be withheld from the obligor; provided, however, the amount to be applied to satisfy the monthly obligation under the order for support, the amount of the delinquency which is set forth in the notice of delinquency and the amount to be applied to reduce the delinquency set forth in the notice of delinquency shall be stated separately; (2) state that payments due from multiple obligors may be combined into one remittance so long as each withholding is separately identified; (3) state that the maximum amount of an obligor's income subject to withholding pursuant to the Support Enforcement Act and pursuant to any garnishment shall not exceed fifty percent; (4) state the duties of the payor as set forth in Section 40-4A-8 NMSA 1978; and (5) require that all payments be made through the public office to ensure accurate recordkeeping. E. The termination of the obligations imposed by the order of support and payment in full of any delinquency shall revoke the notice to withhold income. History: Laws 1985, ch. 105, § 5; 1987, ch. 26, § 1; 1997, ch. 237, § 9. ANNOTATIONSThe 1997 amendments, effective April 11, 1997, deleted former Subsection A which provided "at least twenty days following service of the notice of delinquency, the obligee or public office shall determine if the procedure to avoid income withholding pursuant to Section 40-4A-7 NMSA 1978 has been instituted", deleted the first sentence of former Subsection B providing "if the procedure to avoid income withholding has not been instituted", designated the second sentence of that subsection as Subsection A, deleting the second sentence relating to procedure to avoid income withholding having occurred, and redesignated the following subsections accordingly; and made minor stylistic changes throughout the section.
NM Stat § 40-4A-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-6 - Amount of income subject to withholding.

A. The income of an obligor shall be subject to withholding in an amount: (1) equal to the monthly support obligation set forth in the order for support; and (2) in the event of a delinquency, the additional amount of twenty percent of the monthly support obligation set forth in the order for support, or such amount as the court may order after notice and hearing, until payment in full of any delinquency set forth in the notice of delinquency. B. The maximum amount of an obligor's income which may be subject to withholding pursuant to the Support Enforcement Act and pursuant to any garnishment shall not exceed fifty percent. History: Laws 1985, ch. 105, § 6.
NM Stat § 40-4A-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-7 - Procedure to avoid income withholding.

Except as provided in Section 40-4A-4.1 NMSA 1978, the obligor may contest the notice to withhold income by filing a petition with the clerk of the district court within twenty days after service of the notice of delinquency. Grounds for the contest shall be limited to a dispute concerning the existence or amount of the delinquency or noncompliance with the Support Enforcement Act. The clerk of the district court shall notify the obligor and the obligee or public office, as appropriate, of the time and place of the hearing on the petition. The court shall hold the hearing pursuant to the provisions of Section 40-4A-9 NMSA 1978. History: Laws 1985, ch. 105, § 7; 1987, ch. 26, § 2; 1990, ch. 30, § 2; 1997, ch. 237, § 10. ANNOTATIONSThe 1997 amendment, effective April 11, 1997, in the first sentence, substituted "contest the" for "prevent a" near the beginning, deleted "from being served" following "income", and deleted "to stay service" following "petition" in that sentence and at the end of the second sentence; and substituted "contest" for "petition to stay service" at the beginning of the second sentence. The 1990 amendment, effective May 16, 1990, added "Except as provided in Section 40-4A-4.1 NMSA 1978" at the beginning of the section and made a minor stylistic change in the final sentence.
NM Stat § 40-4A-9 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-9 - Petitions to modify, suspend or terminate notice of withholding.

A. When an obligor files a petition pursuant to Section 40-4A-7 NMSA 1978, the court, after due notice to all parties, shall hear and resolve the matter no later than forty-five days following the service of the notice of delinquency. Where the court cannot promptly resolve the issues alleged in the petition, the court may order immediate execution of an amended notice to withhold income as to any undisputed amounts and may continue the hearing on the disputed issues for such reasonable length of time as required under the circumstances. Failure to meet the time requirements shall not constitute a defense to the notice to withhold income. B. At any time, an obligor or obligee or the public office may petition the court to: (1) modify, suspend or terminate the notice to withhold income because of a corresponding modification, suspension or termination of the underlying order for support; (2) modify the amount of income to be withheld to increase the rate of payment of the delinquency; or (3) suspend the notice to withhold income because of the inability of the public office to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. C. Except for orders to withhold issued pursuant to Section 40-4A-4.1 NMSA 1978, an obligor may petition the court at any time to terminate the withholding of income because payments pursuant to the notice to withhold income have been made for at least three years and all delinquencies have been paid. The court shall suspend the notice to withhold income, absent good cause for denying the petition. If the obligor subsequently becomes delinquent in payment of the order for support, the obligee or public office may serve another notice to withhold income by complying with all requirements for notice and service pursuant to the Support Enforcement Act. History: 1978 Comp., § 40-4A-9, enacted by Laws 1985, ch. 105, § 9; 1987, ch. 26, § 3; 1990, ch. 30, § 4; 1997, ch. 237, § 12. ANNOTATIONSThe 1997 amendment, effective April 11, 1997, deleted "to stay service or" from the section heading, deleted "to stay service" following "petition" near the beginning of Subsection A, and deleted Subsection D relating to an obligee seeking an order to reapportion the distribution of the obligor's withheld income upon notice to all interested parties. The 1990 amendment, effective May 16, 1990, in the first sentence of Subsection C, substituted "Except for orders to withhold issued pursuant to Section 40-4A-4.1 NMSA 1978" for "At any time" at the beginning and made a minor stylistic change.