reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-4 - Application for license.

A person who submits an application for a license issued by a board is not eligible for issuance of the license if he is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings. A board that denies or proposes to deny the application on the grounds that he is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings shall advise the applicant in writing of the grounds for denial of his application and his right, if any, to a hearing. The applicant shall have a right to a hearing if, pursuant to applicable law governing hearings, the denial of the application on other grounds would have entitled the applicant to a hearing. The application shall be reinstated if, within thirty days of the date of the notice, the applicant provides the board with a certified statement from the department that he is in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings.
History:
Laws 1995, ch. 25, § 4; 1997, ch. 237, § 27.
ANNOTATIONS
The 1997 amendment,
effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" at the end of the first and last sentences and in the middle of the second sentence, inserted "applicable" following "pursuant to" in the third sentence, and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-5 - Renewal of license.

A licensee who seeks renewal of his license from a board is not eligible to have the license renewed if he is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings. A board that denies or proposes to deny the renewal of a license on the grounds that the licensee is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings shall advise the licensee in writing of the grounds for the denial or proposed denial and his right to a hearing. The licensee shall have a right to a hearing on the denial of the renewal of his license pursuant to the applicable law governing hearings. The application for renewal shall be reinstated if, within thirty days of the date of the notice, the licensee provides the board with a certified statement from the department that he is in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings.
History:
Laws 1995, ch. 25, § 5; 1997, ch. 237, § 28.
ANNOTATIONS
The 1997 amendment,
effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" at the end of the first and last sentences and in the middle of the second sentence, in the third sentence inserted "the applicable" following "pursuant to", and deleted "for his profession or occupation" at the end of that sentence.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-6 - Suspension or revocation of license.

The failure of a licensee to be in compliance with a judgment and order for support or subpoena or warrants relating to paternity or child support proceedings is grounds for suspension or revocation of a license. The proceeding shall be conducted by a board or the administrative hearings office pursuant to the law governing suspension and revocation proceedings for the license.
History:
Laws 1995, ch. 25, § 6; 1997, ch. 237, § 29; 2015, ch. 73, § 26.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, provided that in suspension and revocation of license proceedings, such proceedings shall be conducted by the administrative hearings office or a board that administers the license; and after "a board", added "or the administrative hearings office".
The 1997 amendment,
effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" at the end of the first sentence, and substituted "the license" for "his profession or occupation" at the end of the last sentence, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-7 - Certified lists.

The department shall provide each board with a certified list of obligors not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings within ten calendar days after the first day of each month. By the end of the month in which the certified list is received, each board shall report to the department the names of applicants and licensees who are on the list and the action the board has taken in connection with such applicants and licensees.
History:
Laws 1995, ch. 25, § 7; 1997, ch. 237, § 30.
ANNOTATIONS
The 1997 amendment,
effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" in the first sentence, deleted "of the board" following "licensees" in the last sentence, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-9 - Rules and regulations.

On or before November 1, 1995, boards shall promulgate and file, in accordance with the States Rules Act [Chapter 14, Article 4 NMSA 1978], rules and regulations to implement the provisions of the Parental Responsibility Act.
History:
Laws 1995, ch. 25, § 9.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-10 - Action by supreme court.

The supreme court shall adopt by order rules for the denial of applications or licensing and renewal of licenses and for the suspension or revocation of licenses of lawyers and other persons licensed by the supreme court for the failure of an applicant or licensee to be in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings and may delegate the enforcement of the rules to a board under its supervision.
History:
Laws 1995, ch. 25, § 10; 1997, ch. 237, § 31.
ANNOTATIONS
Cross references.
— For rules governing admission to the New Mexico Bar,
see
Rule 15-101 NMRA et seq.
For rules of professional conduct,
see
Rule 16-101 NMRA et seq.
For rules governing the New Mexico Bar,
see
Rule 24-101 NMRA et seq.
The 1997 amendment,
effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" near the end of the section.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-12 - Federal funds; board surcharges.

A. The department may enter into joint powers agreements with boards to assist in the implementation of the Parental Responsibility Act. The agreements shall provide for payment to the boards of federal funds to cover the portion of costs allowable under federal law and regulation that are incurred by the boards in implementing those sections. The agreement shall also provide for payment by the boards to the department for the nonfederal share of costs incurred by the department in assisting the boards. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to the Parental Responsibility Act from money collected from licensees or applicants for licenses.
B. Notwithstanding any other provision of law, each board may levy a surcharge on any fee assessed for licensure or regulation of the profession or occupation to cover the costs of implementing and administering the provisions of the Parental Responsibility Act. The surcharge may be adopted after notice to the licensees and applicants, but shall not require the adoption or amendment of a regulation.
History:
Laws 1995, ch. 25, § 12.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-13 - Annual report.

The department shall report to the governor and the legislature by December 1 of each year on the progress of child support enforcement measures, including:
A. the number of delinquent obligors certified by the department;
B. the number of obligors who also were licensees or applicants subject to the provisions of the Parental Responsibility Act;
C. the number of licenses that were suspended or revoked by each board, the number of new licenses and renewals that were delayed or denied by each board and the number of licenses and renewals that were granted following an applicant's compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings; and
D. the costs incurred in the implementation and enforcement of the Parental Responsibility Act.
History:
Laws 1995, ch. 25, § 13; 1997, ch. 237, § 32.
ANNOTATIONS
The 1997 amendment,
effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" to the end of Subsection C.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6 - Reciprocal Enforcement of Support (Repealed.) › Section 40-6-1 to 40-6-41 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 107, § 904 repealed 40-6-1 to 40-6-41 NMSA 1978, as enacted by Laws 1969, ch. 242, §§ 1-41, and as amended by Laws 1977, ch. 252, § 25, relating to uniform reciprocal enforcement of support, effective July 1, 1995. For provisions of former sections,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 40, Article 6A NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 1 - GENERAL PROVISIONS › Section 40-6A-100 - Recompiled.

History:
Laws 1907, ch. 49, § 4; Code 1915, § 5657; Laws 1919, ch. 46, § 1; C.S. 1929, § 151-104; Laws 1937, ch. 178, § 1; 1947, ch. 142, § 1; 1941 Comp., § 77-201; 1953 Comp., § 75-2-1; Laws 1971, ch. 234, § 10; 1977, ch. 254, § 92; 1982, ch. 10, § 3; recompiled as 40-6A-100 by Laws 2005, ch. 166, § 47; § 40-6A-100 recompiled as 40-6A-101 by Laws 2011, ch. 159, § 68.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 159, § 68 recompiled former 40-6A-100 NMSA 1978 as 40-6A-101 NMSA 1978, effective May 18, 2016.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 1 - GENERAL PROVISIONS › Section 40-6A-101 - Short title.

Chapter 40, Article 6A NMSA 1978 may be cited as the "Uniform Interstate Family Support Act".
History:
Laws 1994, ch. 107, § 902; 1997, ch. 9, § 23; 1978 Comp., 40-6A-902 recompiled as 40-6A-100 by Laws 2005, ch. 166, § 47; § 40-6A-100 recompiled as § 40-6A-101 by Laws 2011, ch. 159, § 68.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 159, § 68 recompiled former 40-6A-100 NMSA 1978 as a new 40-6A-101 NMSA 1978, effective May 18, 2016.
Laws 2005, ch. 166, § 1 recompiled former 40-6A-101 NMSA 1978 as 40-6A-102 NMSA 1978, effective June 17, 2005.
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 1997 amendment
, effective July 1, 1997, substituted "Chapter 40, Article 6A NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 1 - GENERAL PROVISIONS › Section 40-6A-103 - State tribunal and support enforcement agency.

A. The district courts are the tribunals of this state.
B. The human services department [health care authority department] is the support enforcement agency of this state.
History:
Laws 1994, ch. 107, § 102; 1997, ch. 9, § 2; recompiled as 40-6A-105 by Laws 2005, ch. 166, § 47; § 40-6A-105 recompiled as § 40-6A-103 by Laws 2011, ch. 159, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Recompilations.
— Laws 2011, ch. 159, § 2 recompiled former 40-6A-105 NMSA 1978 as 40-6A-103 NMSA 1978, effective May 18, 2016.
Laws 2005, ch. 166, § 2 recompiled former 40-6A-103 NMSA 1978 as 40-6A-104 NMSA 1978, effective June 17, 2005.
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, designated the human services department as the support enforcement agency of New Mexico.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 1 - GENERAL PROVISIONS › Section 40-6A-104 - Remedies cumulative.

A. Remedies provided by the Uniform Interstate Family Support Act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
B. The Uniform Interstate Family Support Act does not:
(1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding pursuant to the Uniform Interstate Family Support Act.
History:
Laws 1994, ch. 107, § 103; amended and recompiled as 40-6A-104 by Laws 2005, ch. 166, § 2; 2011, ch. 159, § 3.
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, made stylistic changes.
The 2005 amendment,
effective June 17, 2005, provided in Subsection (a) that the remedies do not affect available remedies under other law, including the recognition of a support order of a foreign country of political subdivision on the basis of comity and added Subsections (b)(1) and (2) to provide that the Uniform Act does not provide the exclusive method of establishing or enforcing support orders or grant a tribunal of New Mexico jurisdiction to render judgment or issue an order relating to custody or visitation in a proceeding under the Uniform Act.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 1 - GENERAL PROVISIONS › Section 40-6A-105 - Application of Uniform Interstate Family Support Act to resident of foreign country and foreign support proceeding.

A. A tribunal of this state shall apply Sections 40-6A-101 through 40-6A-616 NMSA 1978 and, as applicable, Sections 40-6A-701 through 40-6A-713 NMSA 1978, to a support proceeding involving:
(1) a foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor or child residing in a foreign country.
B. A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Sections 40-6A-101 through 40-6A-616 NMSA 1978.
C. Sections 40-6A-701 through 40-6A-713 NMSA 1978 shall apply only to a support proceeding pursuant to the convention. In such a proceeding, if a provision of Sections 40-6A-701 through 40-6A-713 NMSA 1978 is inconsistent with Sections 40-6A-101 through 40-6A-616 NMSA 1978, the provisions of Sections 40-6A-701 through 40-6A-713 NMSA 1978 control.
History:
1978 Comp., § 40-6A-105, enacted by Laws 2011, ch. 159, § 4.
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.
Recompilations.
— Laws 2011, ch. 159, § 2 recompiled former 40-6A-105 NMSA 1978 as 40-6A-103 NMSA 1978, effective May 18, 2016.
Laws 2005, ch. 166, § 47 recompiled former 40-6A-102 NMSA 1978 as 40-6A-105 NMSA 1978, effective June 17, 2005.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part A - EXTENDED PERSONAL JURISDICTION › Section 40-6A-202 - Duration of personal jurisdiction.

Personal jurisdiction acquired by a tribunal of this state in a proceeding under the Uniform Interstate Family Support Act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 40-6A-205, 40-6A-206 and 40-6A-211 NMSA 1978.
History:
Laws 1994, ch. 107, § 202; repealed and reenacted by Laws 2005, ch. 166, § 4.
ANNOTATIONS
Repeal and reenactments.
— Laws 2005, ch. 166, § 4 repealed and reenacted 40-6A-202 NMSA 1978, effective June 17, 2005.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part B - PROCEEDINGS INVOLVING TWO OR MORE STATES › Section 40-6A-203 - Initiating and responding tribunal of state.

Pursuant to the Uniform Interstate Family Support Act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state or a foreign country and as a responding tribunal for proceedings initiated in another state or a foreign country.
History:
Laws 1994, ch. 107, § 203; 1997, ch. 9, § 3; 2011, ch. 159, § 6.
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, included foreign countries within the scope of this section.
The 1997 amendment,
effective July 1, 1997, deleted "this" following "of" from the section heading.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part B - PROCEEDINGS INVOLVING TWO OR MORE STATES › Section 40-6A-204 - Simultaneous proceedings.

A. A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the home state of the child.
B. A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home state of the child.
History:
Laws 1994, ch. 107, § 204; 2005, ch. 166, § 5; 2011, ch. 159, § 7.
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, included foreign countries within the scope of this section.
The 2005 amendment,
effective June 17, 2005, deleted "in another state" from the catchline.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part B - PROCEEDINGS INVOLVING TWO OR MORE STATES › Section 40-6A-206 - Continuing jurisdiction to enforce child-support order.

A. A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
B. A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
History:
Laws 1994, ch. 107, § 206; 2005, ch. 166, § 7; 2011, ch. 159, § 9.
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, made stylistic changes.
The 2005 amendment,
effective June 17, 2005, added Subsections (a)(1) and (2) to provide that a New Mexico tribunal may request a tribunal of another state to enforce a New Mexico child-support order or a money judgment for arrears of support; deleted language in Subsection (b) which provided that if a party did not reside in the issuing state, then a tribunal could receive evidence or discovery from another state; and deleted Subsection (c) which provided that a New Mexico tribunal that lacks jurisdiction over a spousal order cannot serve as a responding tribunal to modify the other of another state.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part C - RECONCILIATION WITH ORDERS OF OTHER STATES › Section 40-6A-208 - Child support orders for two or more obligees.

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
History:
Laws 1994, ch. 107, § 208; 2005, ch. 166, § 9; 2011, ch. 159, § 11.
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, included tribunals of foreign countries within the scope of this section.
The 2005 amendment,
effective June 17, 2005, deleted "multiple" in two places.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part C - RECONCILIATION WITH ORDERS OF OTHER STATES › Section 40-6A-209 - Credit for payments.

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this or another state or a foreign country.
History:
Laws 1994, ch. 107, § 209; 2005, ch. 166, § 10; 2011, ch. 159, § 12.
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, included tribunals of foreign countries within the scope of this section.
The 2005 amendment,
effective June 17, 2005, provided that a New Mexico tribunal shall credit amounts collected for a particular period against the amount owed for the same period under any other child-support order for the same child.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part C - RECONCILIATION WITH ORDERS OF OTHER STATES › Section 40-6A-210 - Application of the Uniform Interstate Family Support Act to a nonresident subject to personal jurisdiction.

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding pursuant to the Uniform Interstate Family Support Act, pursuant to other law of this state relating to a support order or recognizing a foreign support order may receive evidence from outside this state pursuant to Section 40-6A-316 NMSA 1978, communicate with a tribunal outside this state pursuant to Section 40-6A-317 NMSA 1978 and obtain discovery through a tribunal outside this state pursuant to Section 40-6A-318 NMSA 1978. In all other respects, Sections 40-6A-301 through 40-6A-616 NMSA 1978 do not apply and the tribunal shall apply the procedural and substantive law of this state.
History:
Laws 2005, ch. 166, § 11; 2011, ch. 159, § 13.
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, narrowed the scope of the inapplicable sections to Sections 40-6A-301 through 40-6A-616 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 2 - JURISDICTION › Part C - RECONCILIATION WITH ORDERS OF OTHER STATES › Section 40-6A-211 - Continuing, exclusive jurisdiction to modify spousal-support order.

A. A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order through the existence of the support obligation.
B. A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order pursuant to the law of that state or foreign country.
C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or
(2) a responding tribunal to enforce or modify its own spousal-support order.
History:
Laws 2005, ch. 166, § 12; 2011, ch. 159, § 14.
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, included tribunals of foreign countries within the scope of Subsection B.
Collateral attack on foreign order of child support.
— Where, in a neglect case, the New Mexico court ordered the father to reimburse the children, youth and families department for child support due for the time the child was in the custody of the department and dismissed the mother's claim for child support from the father and the mother then invoked the jurisdiction of the Texas court to establish child support from the father, the human services department [health care authority department] was precluded from collaterally attacking the Texas order in the New Mexico neglect case and from relitigating the mother's claims of child support from the father.
State ex rel. CYFD v. Andree G.
, 2007-NMCA-156, 143 N.M. 195, 174 P.3d 531.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-301 - Proceedings under the Uniform Interstate Family Support Act.

A. Except as otherwise provided in the Uniform Interstate Family Support Act, Sections 40-6A-301 through 40-6A-319 NMSA 1978 apply to all proceedings pursuant to that act.
B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized pursuant to the Uniform Interstate Family Support Act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
History:
Laws 1994, ch. 107, § 301; 2005, ch. 166, § 13; 2011, ch. 159, § 15.
ANNOTATIONS
Cross references.
— For service of process outside this state,
see
Paragraph M of Rule 1-004 NMRA.
For depositions within this state in an action pending in another state,
see
Paragraph B(6) of Rule 1-045 NMRA.
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, included tribunals of foreign countries within the scope of Subsection B.
The 2005 amendment,
effective June 17, 2005, changed the reference in Subsection (a) from "this article" to "Sections 40-6A-301 through 40-6A-319 NMSA 1978"; and deleted former Subsection (b) which listed the proceeding that were provided in the Uniform Interstate Family Support Act.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-302 - Proceeding by minor parent.

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
History:
Laws 1994, ch. 107, § 302; 2005, ch. 166, § 14.
ANNOTATIONS
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
For rules of procedure,
see
the Rules of Civil Procedure for the District Courts, Rule 1-001 NMRA.
The 2005 amendment,
effective June 17, 2005, in the catchline changed "Action" to "Proceeding".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-303 - Application of law of state.

Except as otherwise provided by the Uniform Interstate Family Support Act, a responding tribunal of this state shall:
A. apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
B. determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
History:
Laws 1994, ch. 107, § 303; 1997, ch. 9, § 6; 2005, ch. 166, § 15; 2011, ch. 159, § 16.
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, made stylistic changes.
The 2005 amendment,
effective June 17, 2005, deleted the provision in Subsection (1) that a responding tribunal shall apply the rules on choice of law.
The 1997 amendment,
effective July 1, 1997, deleted "this" preceding "state" in the section heading.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-304 - Duties of initiating tribunal.

A. Upon the filing of a petition authorized pursuant to the Uniform Interstate Family Support Act, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is in a foreign country, upon request, the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
History:
Laws 1994, ch. 107, § 304; 1997, ch. 9, § 7; 2005, ch. 166, § 16; 2011, ch. 159, § 17.
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, included foreign tribunals within the scope of Subsection B.
The 2005 amendment,
effective June 17, 2005, deleted the requirement that three copies of the petition be forwarded to the responding tribunal in Subsection (a); deleted the qualification in Subsection (b) that the responding state not have enacted the Uniform Interstate Family Support Act or a similar law or procedure; provided that upon request of a responding tribunal, a New Mexico tribunal shall issue a certificate or document and make finding required by the other state; and provided that if the responding state is a foreign country or political subdivision that, upon request, a New Mexico tribunal shall convert the amount of child support into the equivalent amount of foreign currency under the exchange rate that is publicly reported
The 1997 amendment,
effective July 1, 1997, designated the existing language as Subsection (a) and added Subsection (b).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-306 - Inappropriate tribunal.

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
History:
Laws 1994, ch. 107, § 306; 1997, ch. 9, § 9; 2005, ch. 166, § 18; 2011, ch. 159, § 19.
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, made a stylistic change.
The 2005 amendment,
effective June 17, 2005, changed "it" to "the tribunal".
The 1997 amendment,
effective July 1, 1997, deleted "by first class mail" following "the petitioner".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-308 - Duty of attorney general.

A. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties pursuant to the Uniform Interstate Family Support Act or may provide those services directly to the individual.
B. The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
History:
Laws 1994, ch. 107, § 308; 2005, ch. 166, § 20; 2011, ch. 159, § 21.
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, eliminated political subdivisions from the scope of Subsection B.
The 2005 amendment,
effective June 17, 2005, added Subsection (b) to provide that the attorney general may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with New Mexico.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-310 - Duties of state information agency.

A. The human services department [health care authority department] is the state information agency pursuant to the Uniform Interstate Family Support Act.
B. The state information agency shall:
(1) compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction pursuant to the Uniform Interstate Family Support Act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding pursuant to the Uniform Interstate Family Support Act received from another state or a foreign country; and
(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security.
History:
Laws 1994, ch. 107, § 310; 2005, ch. 166, § 21; 2011, ch. 159, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
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, included documents from another state or a foreign country within the scope of Subsection B.
The 2005 amendment,
effective June 17, 2005, provided in Subsection (b)(2) that the state information agency shall maintain a register of the names and address of tribunals and support agencies of other states and added the qualification in Subsection (b)(3) that the obligee must be an individual.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-311 - Pleadings and accompanying documents.

A. In a proceeding pursuant to the Uniform Interstate Family Support Act, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country shall file a petition. Unless otherwise ordered pursuant to Section 40-6A-312 NMSA 1978, the petition or accompanying documents shall provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
B. The petition shall specify the relief sought. The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
History:
Laws 1994, ch. 107, § 311; 2005, ch. 166, § 22; 2011, ch. 159, § 23.
ANNOTATIONS
Cross references
. — For New Mexico Uniform Parentage Act,
see
40-11A-1 NMSA 1978 et seq.
For rules of procedure,
see
Rule 1-001 NMRA.
For petition to establish parentage,
see
Form 4A-402 NMRA.
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, included tribunals of a foreign country within the scope of Subsection A.
The 2005 amendment,
effective June 17, 2005, provided in Subsection (a) that in a proceeding under the Uniform Interstate Family Support Act, a petitioner seeking to register and modify a support order of another state shall file a petition; provided that the petition provide name, residential address and social security numbers of the parent and alleged parent for whose benefit support is sought or whose parentage is to be determined; and provided that a copy of any support order known to have been issued by another tribunal shall be filed.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-312 - Nondisclosure of information in exceptional circumstances.

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure or specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be the interest of justice.
History:
Laws 1994, ch. 107, § 312; 2005, ch. 166, § 23.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, deleted all former provisions which provided that a tribunal could order that the address of a child or party or other identifying information not be disclosed in a document filed in a proceeding under the Uniform Interstate Family Support Act and added a provision requiring a tribunal to seal information if a party alleges that the health, safety or liberty of a party or a child will be jeopardized by disclosure of information and that permits the tribunal to disclose information after a hearing.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-313 - Costs and fees.

A. The petitioner may not be required to pay a filing fee or other costs.
B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
C. The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding pursuant to Sections 40-6A-601 through 40-6A-616 NMSA 1978, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
History:
Laws 1994, ch. 107, § 313; 2005, ch. 166, § 24; 2011, ch. 159, § 24.
ANNOTATIONS
Cross references.
— For costs and attorney fees,
see
Rule 1-054 NMRA.
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, included foreign countries within the scope of Subsection B and broadened the scope of proceedings in which a hearing may be presumed to have been requested primarily for delay to Sections 40-6A-601 through 40-6A-616 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed the statutory reference in Subsection (c) to "Sections 40-6A-601 through 40-6A-615 NMSA 1978".