reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-20 - [Marriages without license in 1905 validated.]

All marriages celebrated or contracted in the territory of New Mexico, during the year A.D. 1905, without the persons entering into the marriage relation, having first obtained a license from the probate clerk of the proper county, but which marriages were valid according to the law as it existed prior to April 13, 1905, are hereby validated and legalized and shall have the same force and effect as if such marriages had been celebrated or contracted after the parties contracting such marriage had first obtained a license to marry from the probate clerk of the county wherein such marriage occurred.
History:
Laws 1909, ch. 91, § 1; Code 1915, § 3444; C.S. 1929, § 87-123; 1941 Comp., § 65-119; 1953 Comp., § 57-1-18.
ANNOTATIONS
Cross references.
— For probate court clerks,
see
34-7-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 2 - Rights of Married Persons Generally › Section 40-2-3 - [Powers of attorney; joinder of spouse unnecessary.]

It shall not be necessary in any case for the husband to join with the wife when she executes a power of attorney for herself; nor shall it be necessary for the wife to join with the husband when he executes a power of attorney for himself.
History:
Laws 1901, ch. 62, § 20; Code 1915, § 2751; C.S. 1929, § 68-202; 1941 Comp., § 65-207; 1953 Comp., § 57-2-7.
ANNOTATIONS
Wife aware of transfer made by husband as her attorney-in-fact.
— Where husband, acting for himself and as attorney-in-fact for his wife, made and delivered to plaintiff a written assignment and transfer of their mineral interests, the powers so conferred upon the husband authorized him to convey wife's interests, where he had conveyed other properties owned by them acting under the same powers-of-attorney and evidence indicated wife was aware of business conducted by her husband in her behalf and assented thereto.
Soens v. Riggle
, 1958-NMSC-063, 64 N.M. 121, 325 P.2d 709.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Injured party's release of tortfeasor as barring spouse's action for loss of consortium, 29 A.L.R.4th 1200.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 2 - Rights of Married Persons Generally › Section 40-2-5 - [Recording of marriage settlement or separation contract.]

When such contract is acknowledged or proved it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract.
History:
Laws 1907, ch. 37, § 23; Code 1915, § 2753; C.S. 1929, § 68-204; 1941 Comp., § 65-209; 1953 Comp., § 57-2-9.
ANNOTATIONS
Cross references.
— For county recorders,
see
14-8-1 NMSA 1978.
For recording contracts affecting real property,
see
14-9-1 to 14-9-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 2 - Rights of Married Persons Generally › Section 40-2-6 - [Effect of recording or failure to record settlement or separation contract.]

The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a grant of real property.
History:
Laws 1907, ch. 37, § 24; Code 1915, § 2754; C.S. 1929, § 68-205; 1941 Comp., § 65-210; 1953 Comp., § 57-2-10.
ANNOTATIONS
Cross references.
— For effect of recording or failure to record writings affecting real estate,
see
14-9-2, 14-9-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Noncompliance with statutory requirements concerning form of execution or acknowledgement as affecting validity or enforceability of written antenuptial agreement, 16 A.L.R.3d 370.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 2 - Rights of Married Persons Generally › Section 40-2-7 - Persons who may make marriage settlements.

Any person capable of contracting marriage may make a valid marriage settlement.
History:
Laws 1907, ch. 37, § 25; Code 1915, § 2755; C.S. 1929, § 68-206; 1941 Comp., § 65-211; 1953 Comp., § 57-2-11; Laws 1973, ch. 138, § 23.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What constitutes contract between husband or wife and third person promotive of divorce or separation, 93 A.L.R.3d 523.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 2 - Rights of Married Persons Generally › Section 40-2-9 - [Consideration in separation contract.]

The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section [40-2-8 NMSA 1978].
History:
Laws 1907, ch. 37, § 6; Code 1915, § 2783; C.S. 1929, § 68-511; 1941 Comp., § 65-213; 1953 Comp., § 57-2-13.
ANNOTATIONS
Applicable only to separation agreements.
— This section has reference solely to the separation agreement provided for between husband and wife by 40-2-8 NMSA 1978, and has no reference to their authority to contract.
McDonald v. Lambert
, 1938-NMSC-065, 43 N.M. 27, 85 P.2d 78, 120 A.L.R. 250,
overruled on other grounds by
Chavez v. Chavez
, 1952-NMSC-050, 56 N.M. 393, 244 P.2d 781.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-3 - [Separation of property; admission to dwelling of spouse.]

Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling.
History:
Laws 1907, ch. 37, § 3; Code 1915, § 2749; C.S. 1929, § 68-106; 1941 Comp., § 65-303; 1953 Comp., § 57-3-3.
ANNOTATIONS
Entry into separate residence of spouse.
— Section 40-3-3 NMSA 1978 does not provide immunity from prosecution for burglary of a spouse's separate residence.
State v. Parvilus
, 2014-NMSC-028,
rev'g
2013-NMCA-025, 297 P.3d 1228.
Where, because of domestic problems, defendant rented a separate apartment for defendant's spouse; the parties agreed that the apartment was the spouse's separate residence, that defendant would not have a key to the apartment, and that defendant did not have the spouse's permission to enter the apartment; and several months later, defendant entered the spouse's apartment through a window, 40-3-3 NMSA 1978 did not preclude defendant's conviction for burglary of the spouse's separate dwelling.
State v. Parvilus
, 2014-NMSC-028,
rev'g
2013-NMCA-025, 297 P.3d 1228.
The plain language of 40-3-3 NMSA 1978
renders inter-spousal burglary an impossibility because the New Mexico burglary statutes protect the possessory right to exclude and 40-3-3 NMSA 1978 dictates that spouses have no such right to exclude the other spouse.
State v. Parvilus
, 2013-NMCA-025, 297 P.3d 1228, cert. granted, 2013-NMCERT-001.
Entry into residence of estranged spouse.
— Where defendant entered defendant's estranged spouse's apartment without permission, kidnapped the victim, and killed the victim, 40-3-3 NMSA 1978 prohibited defendant's spouse form excluding defendant from the spouse's apartment and defendant's entry into the apartment, even with felonious purpose, did not constitute burglary as a matter of law.
State v. Parvilus
, 2013-NMCA-025, 297 P.3d 1228, cert. granted, 2013-NMCERT-001.
Law reviews.
— For comment, "Community Property - Power of Testamentary Disposition - Inequality Between Spouses," see 7 Nat. Resources J. 645 (1967).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.
Division of community property between spouses into separate property as constituting gift within gift statutes, 19 A.L.R.2d 860.
Divorce and separation: Attorney's contingent fee contracts as marital property subject to distribution, 44 A.L.R.5th 671.
41 C.J.S. Husband and Wife § 128 et seq.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-4 - Contracts of indemnity; no obligation of community property unless signed by both husband and wife.

It is against the public policy of this state to allow one spouse to obligate community property by entering into a contract of indemnity whereby he will indemnify a surety company in case of default of the principal upon a bond or undertaking issued in consideration of the contract of indemnity. No community property shall be liable for any indebtedness incurred as a result of any contract of indemnity made after the effective date of this section, unless both husband and wife sign the contract of indemnity.
History:
1953 Comp., § 57-4-10, enacted by Laws 1965, ch. 74, § 1.
ANNOTATIONS
Cross references.
— For requirement of joinder of spouses for purposes of transfer, conveyance, mortgage and lease of community real property,
see
40-3-13 NMSA 1978.
Applicability of section.
— This section did not apply to bar an action on a promissory note brought by the promisee against the wives of the promisors, since the action was a simple suit on a note against the remaining members of the marital community and not a contract of indemnity.
Lubbock Steel & Supply, Inc. v. Gomez
, 1987-NMSC-025, 105 N.M. 516, 734 P.2d 756.
Law reviews.
— For symposium, "The Effects of an Equal Rights Amendment on the New Mexico System of Community Property: Problems of Characterization, Management and Control," see 3 N.M.L. Rev. 11 (1973).
For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Community Property §§ 77 to 80.
41 C.J.S. Husband and Wife §§ 164 to 166.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-5 - Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action.

A. If a spouse is reported by the United States department of defense to be a prisoner of war/person missing-in-action, the other spouse may, not less than six months after such report, file a petition of the facts which make it desirable for the petitioning spouse to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953.
B. The petition shall be filed in a district court of any county in which real property described in the petition is located.
C. The district court shall appoint a guardian ad litem for the prisoner of war/person missing-in-action and shall allow such guardian a reasonable fee for his services.
D. A notice, stating that the petition has been filed and specifying the date of the hearing, accompanied by a copy of the petition shall be issued and served on the guardian ad litem and shall be published once each week for four successive weeks in a newspaper of general circulation in the county in which the proceeding is pending. The last such publication shall be made at least twenty days before the hearing.
E. After the hearing, the district court may allow the petitioning spouse alone to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953 upon such terms and conditions as may be appropriated [appropriate] or necessary to protect the interests of the absent spouse.
F. Any sale, lease, conveyance or encumbrance authorized by the district court pursuant to Subsection E of this section shall be confirmed by order of the district court, and that order of confirmation may be recorded in the office of the county clerk of the county where any property affected thereby is situated.
History:
1953 Comp., § 57-4-11, enacted by Laws 1973, ch. 105, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Section 57-4-3, 1953 Comp., cited in Subsections A and E, was repealed by Laws 1973, ch. 320, § 14. For present provisions,
see
40-3-13 to 40-3-16 NMSA 1978.
Cross references.
— For section concerning disposition and management of real property without joinder and management of community personal property subject to management of one spouse alone where spouse has disappeared,
see
40-3-16 NMSA 1978.
Law reviews.
— For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Power of either spouse, without consent of other, to make gift of community property or funds to third party, 17 A.L.R.2d 1118.
41 C.J.S. Husband and Wife § 168.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-7 - Purpose of act.

The purpose of the Community Property Act of 1973 [40-3-6 to 40-3-17 NMSA 1978] is to comply with the provisions of Section 18 of Article 2 of the constitution of New Mexico, as it was amended in 1972 and became effective on July 1, 1973, by making the provisions of the community property law of New Mexico apply equally to all persons regardless of sex.
History:
1953 Comp., § 57-4A-1.1, enacted by Laws 1975, ch. 246, § 2.
ANNOTATIONS
Law reviews.
— For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-9.1 - Gambling debts are separate debts of spouse incurring debt.

A gambling debt incurred by a married person as a result of legal gambling is a separate debt of the spouse incurring the debt.
History:
Laws 1997, ch. 190, § 67.
ANNOTATIONS
Cross references.
— For Gaming Control Act,
see
Chapter 60, Article 2E NMSA 1978.
Husband's gambling losses did not need to be repaid to the community where wife failed to establish that expenditures constituted waste of community assets.
— In a divorce proceeding, where wife appealed the district court's characterization of assets and debts as separate or community property and the court's division of marital assets and debts between her and husband, the district court did not err in concluding that wife failed to demonstrate that the community was entitled to reimbursement for husband's gambling losses incurred during the marriage, because even assuming the gambling losses were a separate debt, whether the losses must be repaid to the community upon divorce depends on whether there was some special circumstance, such as breach of fiduciary duty to wife by husband or violation of a court order, so that the expenditure constituted waste of community assets. There was no evidence in the record that established the essential elements of a breach of fiduciary duty, a lack of consent by wife, or even the amount of the separate debt, necessary to establish a right of reimbursement.
Autrey v. Autrey
, 2022-NMCA-042, cert. granted.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-10.1 - Unreasonable debt.

The court, at the time of the final decree of dissolution of marriage, may declare, as between the parties, a debt to be unreasonable if it was incurred by a spouse while the spouse was living apart and the debt did not contribute to the benefit of both spouses or their dependents.
History:
Laws 1983, ch. 75, § 2.
ANNOTATIONS
Attorney fees.
— Trial court's finding and ultimate conclusion that all of the wife's attorney fees were excessive and unreasonable was error, where the fees that the wife incurred by seeking settlement of child custody and visitation constituted community debts under 40-3-9 NMSA 1978 and those fees that the wife incurred as a result of litigating the issue of child support likewise constituted a communal expense.
Bustos v. Gilroy
, 1988-NMCA-012, 106 N.M. 808, 751 P.2d 188.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-15 - Joinder of minor spouse in conveyances, mortgages and leases.

A married person under the age of majority may join with his or her spouse in all transactions for which joinder is required by Section 40-3-13 NMSA 1978 and such joinder shall have the same force and effect as if the minor spouse had attained his or her majority at the time of the execution of the instrument.
History:
1953 Comp., § 57-4A-9, enacted by Laws 1973, ch. 320, § 11.
ANNOTATIONS
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
43 C.J.S. Infants § 141.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3 - Property Rights › Section 40-3-17 - Judgments to be recorded.

All orders rendered pursuant to Section 32-2-7 NMSA 1953 authorizing the transfer, conveyance, mortgage or lease of community real property or other real property owned by the spouses as co-tenants in joint tenancy or tenancy in common may be recorded in the office of the county clerk of the county where any real property affected thereby is situated.
History:
1953 Comp., § 57-4A-11, enacted by Laws 1973, ch. 320, § 13.
ANNOTATIONS
Severability.
— Laws 1973, ch. 320, § 15, provided for the severability of the act if any part or application thereof is held invalid.
Compiler's notes.
— Section 32-2-7, 1953 Comp., referred to in this section, was repealed by Laws 1975, ch. 257, § 9-101. For similar provisions,
see
45-5-409 and 45-5-424 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-1 - Short title.

This act [40-3A-1 to 40-3A-10 NMSA 1978] may be cited as the "Uniform Premarital Agreement Act".
History:
Laws 1995, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-2 - Definitions.

As used in the Uniform Premarital Agreement Act:
A. "premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; and
B. "property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
History:
Laws 1995, ch. 61, § 2.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-4 - Content.

A. Parties to a premarital agreement may contract with respect to:
(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(5) the ownership rights in and disposition of the death benefit from a life insurance policy;
(6) the choice of law governing the construction of the agreement; and
(7) any other matter not in violation of public policy.
B. A premarital agreement may not adversely affect the right of a child or spouse to support, a party's right to child custody or visitation, a party's choice of abode or a party's freedom to pursue career opportunities.
History:
Laws 1995, ch. 61, § 4.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-6 - Amendment; revocation.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed and acknowledged by the parties or by a consistent and mutual course of conduct, which evidences an amendment to or revocation of the premarital agreement. The amended agreement or the revocation is enforceable without consideration.
History:
Laws 1995, ch. 61, § 6.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-7 - Enforcement.

A. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) that party did not execute the agreement voluntarily; or
(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(a) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(c) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
B. An issue of unconscionability or voluntariness of a premarital agreement shall be decided by the court as a matter of law.
History:
Laws 1995, ch. 61, § 7.
ANNOTATIONS
Prenuptial agreement was unconscionable.
— Where the parties signed a prenuptial agreement which provided that each party waived any right to be supported by the other party from the other party's property and that the parties had no claims for support, the agreement was unconscionable because it violated the public policy expressed in Subsection B of 40-3A-4 NMSA 1978.
Rivera v. Rivera
, 2010-NMCA-106, 149 N.M. 66, 243 P.3d 1148, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-8 - Enforcement; void marriage.

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
History:
Laws 1995, ch. 61, § 8.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-9 - Limitation of actions.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
History:
Laws 1995, ch. 61, § 9.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 3A - Uniform Premarital Agreement › Section 40-3A-10 - Application and construction.

The Uniform Premarital Agreement Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it.
History:
Laws 1995, ch. 61, § 10.
ANNOTATIONS
Severability.
— Laws 1995, ch. 61, § 11 provided that if any provision of the Uniform Premarital Agreement Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-2 - Incompatibility.

Incompatibility exists when, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation.
History:
1953 Comp., § 22-7-1.1, enacted by Laws 1973, ch. 319, § 2.
ANNOTATIONS
Divorce must be decreed where incompatibility exists.
— The legislature, acting properly within its powers, has established "incompatibility" as a ground for divorce and once such a finding is made that it exists, a divorce decree must be entered.
Garner v. Garner
, 1973-NMSC-067, 85 N.M. 324, 512 P.2d 84.
Irreconcilableness important factor in incompatibility.
— Although incompatibility is difficult, if not impossible, to define with exactness, irreconcilableness is an important factor to be considered in deciding incompatibility.
State ex rel. DuBois v. Ryan
, 1973-NMSC-097, 85 N.M. 575, 514 P.2d 851.
Doctrine of recrimination as defense is abolished
in proceedings where a divorce is sought on the grounds of incompatibility. Henceforth, evidence of any recriminatory act is only admissible to the extent that such act may have weight as proof on the issue of incompatibility as a ground for divorce.
Garner v. Garner
, 1973-NMSC-067, 85 N.M. 324, 512 P.2d 84.
No deprivation of jurisdiction by cohabitation.
— Evidence of cohabitation by the parties after filing a petition for divorce based on incompatibility did not deprive the court of jurisdiction, where the wife did not file an answer to the husband's complaint nor contest his allegation that the parties were in fact incompatible.
Joy v. Joy
, 1987-NMCA-031, 105 N.M. 571, 734 P.2d 811.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Recrimination as defense to divorce sought on ground of incompatibility, 21 A.L.R.2d 1267.
What constitutes "incompatibility" within statute specifying it as substantive ground for divorce, 97 A.L.R.3d 989.
27A C.J.S. Divorce § 19.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-6 - Verification of petition.

The petition in all proceedings for the dissolution of marriage, division of property, disposition of children or alimony, must be verified by the affidavit of the petitioner.
History:
Laws 1901, ch. 62, § 26; Code 1915, § 2777; C.S. 1929, § 68-505; 1941 Comp., § 25-705; 1953 Comp., § 22-7-5; Laws 1973, ch. 319, § 6.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-7.1 - Use of life insurance policy as security.

In any proceeding brought pursuant to the provisions of Section 40-4-7 NMSA 1978 or in any other proceeding for the division of property or spousal or child support brought pursuant to the provisions of Chapter 40 NMSA 1978, the court may require either party or both parties to the proceeding to maintain the minor children of the parties or a spouse or former spouse as beneficiaries on a life insurance policy as security for the payment of:
(1) support for the benefit of the minor children;
(2) spousal support; or
(3) the cost to equalize a property division in the event of the death of the insured on the life insurance policy.
The court may also allocate the cost of the premiums of the life insurance policy between the parties.
History:
1978 Comp., § 40-4-7.1, enacted by Laws 1993, ch. 110, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-7.3 - Accrual of interest; delinquent child and spousal support.

A. Interest shall accrue on delinquent child support at the rate of four percent and spousal support at the rate set forth in Section 56-8-4 NMSA 1978 in effect when the support payment becomes due and shall accrue from the date the support is delinquent until the date the support is paid.
B. Interest shall accrue on a consolidated judgment for delinquent child support at the rate of four percent when the consolidated judgment is entered until the judgment is satisfied.
C. Unless the order, judgment, decree or wage withholding order specifies a due date other than the first day of the month, support shall be due on the first day of each month and, if not paid by that date, shall be delinquent.
D. In calculation of support arrears, payments of support shall be first applied to the current support obligation, next to any delinquent support, next to any consolidated judgment of delinquent support, next to any accrued interest on delinquent support and next to any interest accrued on a consolidated judgment of delinquent support.
E. The human services department [health care authority department] shall have the authority to forgive accrued interest on delinquent child support assigned to the state not otherwise specified in an order, judgment, decree or income withholding order if, in the judgment of the secretary of human services, forgiveness will likely result in the collection of more child support, spousal support or other support and will likely result in the satisfaction of the judgment, decree or wage withholding order. This authority shall include the ability to authorize the return of suspended licenses.
History:
Laws 1999, ch. 299, § 1; 2004, ch. 41, § 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.
The 2004 amendment,
effective May 19, 2004, amended Subsection A to delete "or consolidated in a judgment" at the end of the subsection, amended Subsection B to delete a reference to 59-8-4 NMSA 1978 and insert a four percent rate of interest and added a new Subsection E.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-10 - Appointment of guardian ad litem.

After service of summons and copy of petition on any insane spouse and on the guardian of his or her estate, the court shall appoint an attorney at law as guardian ad litem to appear for and represent the insane spouse.
History:
Laws 1933, ch. 27, § 2; 1941 Comp., § 25-711; 1953 Comp., § 22-7-8; Laws 1973, ch. 319, § 8.
ANNOTATIONS
Cross references.
— For appointment of guardian ad litem to defend suit for incapacitated person,
see
38-4-15 NMSA 1978.
For guardians of incapacitated person,
see
45-5-301 to 45-5-315 NMSA 1978.
For protection of property of persons under disability and minors,
see
45-5-401 to 45-5-431 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
42 Am. Jur. 2d Infants §§ 155 to 194.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-11.2 - Grounds for deviation from child support guidelines.

Any deviation from the child support guideline amounts set forth in Section 40-4-11.1 NMSA 1978 shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate. A finding that rebuts the child support guidelines shall state the amount of support that would have been required under the guidelines and the justification of why the order varies from the guidelines. Circumstances creating a substantial hardship in the obligor, obligee or subject children may justify a deviation upward or downward from the amount that would otherwise be payable under the guidelines.
History:
1978 Comp., § 40-4-11.2, enacted by Laws 1989, ch. 36, § 1; 2021, ch. 20, § 2.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, required that a written finding that application of the child support guidelines would be unjust or inappropriate to state the amount of support that would have been required under the guidelines and the justification for the deviation from the guidelines; and added "A finding that rebuts the child support guidelines shall state the amount of support that would have been required under the guidelines and the justification of why the order varies from the guidelines".
Deviation from the child support guidelines.
- It is error to deviate from the child support guidelines in calculating the parties' gross incomes except as authorized by statute or appellate case law, and it is also error to deviate from the child support guidelines in any manner without providing written justification for such deviation.
Jury v. Jury
, 2017-NMCA-036.
Where petitioner appealed the district court's denial of her motion to modify a 2010 child support decree that resulted from the dissolution of the marriage between petitioner and respondent, claiming that the district court's ruling resulted from its erroneous determination of the parties' gross monthly incomes and, by extension, child support obligations, reversal and remand for recalculation of the parties' gross monthly incomes was necessary to the extent that the district court improperly deviated from the child support guidelines in calculating the parties' gross monthly incomes and failed to specify the reasons for its decision in deviating from the child support guidelines.
Jury v. Jury
, 2017-NMCA-036.
Child's income.
— In allowing a credit against basic child support for off-schedule sources of income, such as social security benefits paid directly to the child, this section requires the trial court to exercise its discretion on a case-by-case basis, with the child's standard of living a crucial factor.
Pederson v. Pederson
, 2000-NMCA-042, 129 N.M. 56, 1 P.3d 974.
Deduction of guardian fees from child support.
— Guardian ad litem fees may not be deducted from child support.
Grant v. Cumiford
, 2005-NMCA-058, 137 N.M. 485, 112 P.3d 1142.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-11.2 - Grounds for deviation from child support guidelines. (Effective January 1, 2024.)

Any deviation from the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 and the basic child support schedule promulgated by the human services department shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines and basic child support schedule would be unjust or inappropriate. A finding that rebuts the child support guidelines and basic child support schedule shall state the amount of support that would have been required under the guidelines and basic child support schedule and the justification of why the order varies from the guidelines and the basic child support schedule. Circumstances creating a substantial hardship in the obligor, obligee or subject children may justify a deviation upward or downward from the amount that would otherwise be payable under the guidelines and basic child support schedule.
History:
1978 Comp., § 40-4-11.2, enacted by Laws 1989, ch. 36, § 1; 2021, ch. 20, § 2; 2023, ch. 106, § 2.
ANNOTATIONS
The 2023 amendment,
effective January 1, 2024, added references to the basic child support schedule that the human services department is required to update by rule; and after "Any deviation from the child support", deleted "guideline amounts" and added "guidelines", after "Section 40-4-11.1 NMSA 1978", added "and the basic child support schedule promulgated by the human services department", and after each occurrence of "guidelines", added "and basic child support schedule" throughout the section.
Applicability.
— Laws 2023, ch. 106, § 5, provided that Laws 2023, ch. 106, apply to all decrees, judgments or orders of child support made on or after January 1, 2024.
Temporary provisions.
— Laws 2023, ch. 106, § 4, effective January 1, 2024, provided that the initial child support schedule established by the human services department shall:
A. not decrease the yearly basic support obligation for any level of combined parental income by more than the dollar change in the federal poverty guidelines for one person since 2018;
B. not increase the yearly support obligation for any level of combined parental income by more than one and one-half times the change in the consumer price index since 2018. Any increase in support obligation that is larger than the increase in the consumer price index since 2018 must be specifically supported by economic data and evidence;
C. not change the format of the child support schedule in a way that would be inconsistent with Worksheet A or Worksheet B in Subsection M of 40-4-11.1 NMSA 1978; and
D. be promulgated, published and available to the public through the New Mexico Administrative Code, the New Mexico supreme court's website and the human services department's website no later than January 1, 2024.
2023 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 [health care authority 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 [health care authority 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.
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.
The 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.
2023 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.
ANNOTATIONS
Review 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Law 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4 - Dissolution of Marriage › Section 40-4-19.2 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Cross 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.