2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-611 - Modification of child-support order of another state.

A. If Section 40-6A-613 NMSA 1978 does not apply, upon petition, a tribunal of this state may modify a child-support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that:
(1) the following requirements are met:
(a) neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state;
(b) a petitioner who is a nonresident of this state seeks modification; and
(c) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) this state is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
B. Modification of a registered child-support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
C. A tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and shall be so recognized under Section 40-6A-207 NMSA 1978 establishes the aspects of the support order which are nonmodifiable.
D. In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of further obligation of support by a tribunal of this state.
E. On issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
F. Notwithstanding Subsections A through E of this section and Subsection B of Section 40-6A-201 NMSA 1978, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
History:
Laws 1994, ch. 107, § 611; 1997, ch. 9, § 20; 2005, ch. 166, § 41; 2011, ch. 159, § 48.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
The 2011 amendment,
effective May 18, 2016, in Subsections A and C, eliminated the exception for the application of Section 40-6A-615 NMSA 1978; and added Subsection F to provide for the retention of jurisdiction to modify orders issued by a tribunal in New Mexico.
The 2005 amendment,
effective June 17, 2005, provided in Subsection (a) that if Section 40-6A-613 NMSA 1978 does not apply, except as otherwise provided in Section 40-6A-615 NMSA 1978, upon petition a New Mexico tribunal may modify a child-support order of another state if the tribunal finds pursuant to Subsection (a)(1)(i) that the child, obligee who is an individual or the obligor do not reside in the issuing state or pursuant to Subsection (a)(2) that this state is the state of residence of the child or a party who is an individual; deleted the former provision in Subsection (a)(2) which provided that if the issuing state is a foreign jurisdiction that has not enacted law similar to the Uniform Interstate Family Support Act, then the consent of a party residing in New Mexico is not required for the tribunal to assume jurisdiction; added the qualification in Subsection (c) that except as otherwise provided in Section 40-6A-615 NMSA 1978, a New Mexico tribunal may not modify a child-support order that may not be modified in the issuing state, including the duration of the support obligation; and added Subsection (d) to provide that in a proceeding to modify a child-support order, the law of the state that issued the controlling order governs the duration of the support obligation and that the obligor's fulfillment of the support obligation established by that order precludes the imposition of further support obligation by a New Mexico tribunal.
The 1997 amendment,
effective July 1, 1997, inserted "Section 40-6A-613 NMSA 1978 does not apply and" near the end of the introductory paragraph of Subsection (a), rewrote Paragraph (a)(2), substituted "having" for "of" in the first sentence of Subsection (d) and added the second sentence; and deleted Subsection (e) which related to the issuance of a modified child support order and the filing of a certified copy of the order with the issuing tribunal.