reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-314 - Limited immunity of petitioner.

A. Participation by a petitioner in a proceeding pursuant to the Uniform Interstate Family Support Act before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
B. A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding pursuant to the Uniform Interstate Family Support Act.
C. The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding pursuant to the Uniform Interstate Family Support Act committed by a party while present in this state to participate in the proceeding.
History:
Laws 1994, ch. 107, § 314; 2005, ch. 166, § 25; 2011, ch. 159, § 25.
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— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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 a reference to the Uniform Interstate Family Support Act in Subsection (a).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-315 - Nonparentage as defense.

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding pursuant to the Uniform Interstate Family Support Act.
History:
Laws 1994, ch. 107, § 315; 2011, ch. 159, § 26.
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— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-317 - Communications between tribunals.

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail or other means to obtain information concerning the laws, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
History:
Laws 1994, ch. 107, § 317; 2005, ch. 166, § 27; 2011, ch. 159, § 28.
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, permitted communications between tribunals by electronic mail.
The 2005 amendment,
effective June 17, 2005, permitted a New Mexico tribunal to communicate with a tribunal in a foreign country or political subdivision to obtain information concerning the laws, legal effect of a judgment, order or decree of that tribunal and the status of a proceeding in the foreign country or political subdivision and may provide information to the tribunal of a foreign country or political subdivision.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-318 - Assistance with discovery.

A tribunal of this state may:
A. request a tribunal outside this state to assist in obtaining discovery; and
B. upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
History:
Laws 1994, ch. 107, § 318; 2011, ch. 159, § 29.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION › Section 40-6A-319 - Receipt and disbursement of payments.

A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
B. If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
C. The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to Subsection B of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
History:
Laws 1994, ch. 107, § 319; 2005, ch. 166, § 28; 2011, ch. 159, § 30.
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 A.
The 2005 amendment,
effective June 17, 2005, added Subsection (b) to provide that if the obligor, obligee or child resides in New Mexico, then upon request of a support enforcement agency, the New Mexico support agency or tribunal shall direct that support payments be made to the support enforcement agency and send to the obligor's employer a conforming income-withholding order or notice of change of payee and added Subsection (c) to provide that a New Mexico support enforcement agency that receives redirected payment from another state shall furnish to a requesting party or tribunal of the other state a statement of the amounts and dates of payments received.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 4 - ESTABLISHMENT OF SUPPORT ORDER › Section 40-6A-401 - Establishment of support order.

A. If a support order entitled to recognition pursuant to the Uniform Interstate Family Support Act has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1) the individual seeking the order resides outside this state; or
(2) the support enforcement agency seeking the order is located outside this state.
B. The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child;
(6) an acknowledged father as provided by applicable state law;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
C. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 40-6A-305 NMSA 1978.
History:
Laws 1994, ch. 107, § 401; 2005, ch. 166, § 29; 2011, ch. 159, § 31.
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 former criteria for the issuance of a temporary child support order in Subsections (b)(1) through (3) and added new criteria in Subsections (b)(1) through (8).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 4 - ESTABLISHMENT OF SUPPORT ORDER › Section 40-6A-402 - Proceeding to determine parentage.

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought pursuant to the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act.
History:
1978 Comp., § 40-6A-402, enacted by Laws 2011, ch. 159, § 32.
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.
Effective dates.
— Laws 2011, ch. 159, § 32 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-501 - Employer's receipt of income-withholding order of another state.

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency to the obligor's employer without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
History:
Laws 1994, ch. 107, § 501; 1997, ch. 9, § 11; 2005, ch. 166, § 30.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided that an income-withholding order issued by another state may be sent by or on behalf of the obligee, or a support enforcement agency to the obligor's employer.
The 1997 amendment,
effective July 1, 1997, substituted "Employer's receipt of" for "Recognition of" at the beginning of the section heading and rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-502 - Employer's compliance with income-withholding order of another state.

A. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
B. The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.
C. Except as otherwise provided in Subsection D of this section and Section 40-6A-503 NMSA 1978, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order that specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
D. An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an income-withholding order;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the times within which the employer shall implement the withholding order and forward the child-support payment.
History:
Laws 1997, ch. 9, § 12; 2005, ch. 166, § 31; 2011, ch. 159, § 33.
ANNOTATIONS
Repeals and reenactments.
— Laws 1997, ch. 9, § 12, repealed 40-6A-502 NMSA 1978, as enacted by Laws 1994, ch. 107, § 502, and enacted the above section, effective July 1, 1997.
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, corrected the spelling of "withholding" in Subsections (a) and (b) and deleted "or agency" in Subsection (c)(2).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-503 - Employee's compliance with two or more income-withholding orders.

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obligees.
History:
Laws 1997, ch. 9, § 13; 2005, ch. 166, § 32.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, replaced "multiple" with "two or more".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-504 - Immunity from civil liability.

An employer that complies with an income-withholding order issued in another state in accordance with Sections 40-6A-501 through 40-6A-507 NMSA 1978 is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
History:
1978 Comp., § 40-6A-504, enacted by Laws 1997, ch. 9, § 14; 2011, ch. 159, § 34.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-505 - Penalties for noncompliance.

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
History:
1978 Comp., § 40-6A-505, enacted by Laws 1997, ch. 9, § 15; 2011, ch. 159, § 35.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-506 - Contest by obligor.

A. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Sections 40-6A-601 through 40-6A-616 NMSA 1978, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
B. The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income-withholding order relating to the obligor; and
(3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
History:
Laws 1997, ch. 9, § 16; 2005, ch. 166, § 33; 2011, ch. 159, § 36.
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, expanded the scope of the sections under which an obligor may register and consent to an order to Section 40-6A-601 through 40-6A-616 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 5 - DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION › Section 40-6A-507 - Administrative enforcement of orders.

A. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state, or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
B. Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to the Uniform Interstate Family Support Act.
History:
Laws 1997, ch. 9, § 17; 2005, ch. 166, § 34; 2011, ch. 159, § 37.
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 support orders within the scope of Subsection A.
The 2005 amendment,
effective June 17, 2005, added "or support enforcement agency" to Subsection (a).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part A - REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER › Section 40-6A-601 - Registration of order for enforcement.

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
History:
Laws 1994, ch. 107, § 601; 2005, ch. 166, § 35; 2011, ch. 159, § 38.
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 support orders within the scope of this section.
The 2005 amendment,
effective June 17, 2005, deleted "an".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part A - REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER › Section 40-6A-603 - Effect of registration for enforcement.

A. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
B. A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
C. Except as otherwise provided in Sections 40-6A-601 through 40-6A-616 NMSA 1978, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
History:
Laws 1994, ch. 107, § 603; 2011, ch. 159, § 40.
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 support orders within the scope of Subsections A and B.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part A - REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER › Section 40-6A-604 - Choice of law.

A. Except as otherwise provided in Subsection D of this section, the law of the issuing state or foreign country governs:
(1) the nature, extent, amount and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
D. After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History:
Laws 1994, ch. 107, § 604; 2005, ch. 166, § 37; 2011, ch. 159, § 41.
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 the law of foreign countries within the scope of this section.
The 2005 amendment,
effective June 17, 2005, added the qualification in Subsection (a) that except as otherwise provided in Subsection (d), the law of the issuing state governs payments under a registered support order; added Subsections (a)(2) and (3) to provide respectively that the law of the issuing state governs the computation and payment of arrearages and interest and that the existence and satisfaction of other obligations under the support order; added Subsection (c) to provide that a New Mexico responding tribunal shall apply the procedures and remedies of New Mexico to enforce current support and collect arrearages and interest of a support order of another state; and added Subsection (d) to provide that after a tribunal determines the controlling order and issues an order consolidating arrears, a New Mexico tribunal shall prospectively apply the law of the state issuing the controlling order.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part B - CONTEST OF VALIDITY OR ENFORCEMENT › Section 40-6A-606 - Procedure to contest validity or enforcement of registered support order.

A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 40-6A-605 NMSA 1978. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered support order or to contest the remedies being sought or the amount of any alleged arrearage pursuant to Section 40-6A-607 NMSA 1978.
B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
History:
Laws 1994, ch. 107, § 606; 1997, ch. 9, § 19; 2011, ch. 159, § 43.
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, required a nonregistering party to request a hearing within twenty days after notice of registration of an order as required by Section 40-6A-605 NMSA 1978.
The 1997 amendment,
effective July 1, 1997, substituted "40-6A-607 NMSA 1978" for "607 of the Uniform Interstate Family Support Act" at the end of Subsection (a) and deleted "by first class mail" following "notice to the parties" near the end of Subsection (c).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part B - CONTEST OF VALIDITY OR ENFORCEMENT › Section 40-6A-607 - Contest of registration or enforcement.

A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under Section 40-6A-604 NMSA 1978 precludes enforcement of some or all of the alleged arrearage; or
(8) the alleged controlling order is not the controlling order.
B. If a party presents evidence establishing a full or partial defense under Subsection A of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
C. If the contesting party does not establish a defense under Subsection A of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
History:
Laws 1994, ch. 107, § 607; 2005, ch. 166, § 39; 2011, ch. 159, § 44.
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 Subsection (a)(8) to provide the defense that the alleged controlling order is not the controlling order.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part B - CONTEST OF VALIDITY OR ENFORCEMENT › Section 40-6A-608 - Confirmed order.

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History:
Laws 1994, ch. 107, § 608; 2011, ch. 159, § 45.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-609 - Procedure to register child support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in Sections 40-6A-601 through 40-6A-608 NMSA 1978 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading shall specify the grounds for modification.
History:
Laws 1994, ch. 107, § 609; 2011, ch. 159, § 46.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-610 - Effect of registration for modification.

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Section 40-6A-611 or 40-6A-613 NMSA 1978 have been met.
History:
Laws 1994, ch. 107, § 610; 2005, ch. 166, § 40; 2011, ch. 159, § 47.
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, changed the statutory reference to Sections 40-6A-611 and 40-6A-613 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-612 - Recognition of order modified in another state.

If a child-support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
A. may enforce its order that was modified only as to arrears and interest accruing before the modification;
B. may provide appropriate relief for violations of its order that occurred before the effective date of the modification; and
C. shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
History:
Laws 1994, ch. 107, § 612; 2005, ch. 166, § 42; 2011, ch. 159, § 49.
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 that if a child-support order issued by a New Mexico tribunal is modified by a tribunal of another state, then a New Mexico tribunal may enforce its order only as to arrears and interest; provide appropriate relief for violations of the order and must recognize the modifying order of the other state for enforcement purposes; and deleted former Subsection (2), which provided that the New Mexico tribunal may enforce only non-modifiable aspects of its order.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-613 - Jurisdiction to modify child-support order of another state when individual parties reside in this state.

A. If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.
B. A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Sections 40-6A-101 through 40-6A-211 and 40-6A-601 through 40-6A-616 NMSA 1978 and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 40-6A-301 through 40-6A-507 and 40-6A-701 through 40-6A-802 NMSA 1978 do not apply.
History:
1978 Comp., § 40-6A-613, enacted by Laws 1997, ch. 9, § 21; 2011, ch. 159, § 50.
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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-614 - Notice to issuing tribunal of modification.

Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
History:
1978 Comp., § 40-6A-614, enacted by Laws 1997, ch. 9, § 22.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-615 - Jurisdiction to modify child-support order of foreign country.

A. Except as otherwise provided in Section 40-6A-711 NMSA 1978, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the individual pursuant to Section 40-6A-611 NMSA 1978 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
B. An order issued by a tribunal of this state modifying a foreign child-support order pursuant to this section is the controlling order.
History:
Laws 2005, ch. 166, § 43; 2011, ch. 159, § 51.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
The 2011 amendment,
effective May 18, 2016, in Subsection A, excepted the modification of child-support convention orders pursuant to Section 40-6A-711 NMSA 1978 from the application of this section and granted jurisdiction to New Mexico courts if a foreign country lacks or refuses to exercise jurisdiction to modify its child support orders; and in Subsection B, made an order issued by a New Mexico tribunal modifying a foreign child-support order controlling.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION › Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER › Section 40-6A-616 - Procedure to register child-support order of foreign country for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not pursuant to the convention may register that order in this state pursuant to Sections 40-6A-601 through 40-6A-608 NMSA 1978 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition shall specify the grounds for modification.
History:
1978 Comp., § 40-6A-616, enacted by Laws 2011, ch. 159, § 52.
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.
Effective dates.
— Laws 2011, ch. 159, § 52 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-701 - Definitions.

As used in Sections 40-6A-701 through 40-6A-713 NMSA 1978:
A. "application" means a request pursuant to the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;
B. "central authority" means the entity designated by the United States or a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;
C. "convention child-support order" means a child-support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;
D. "convention support order" means a support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;
E. "direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States;
F. "foreign central authority" means the entity designated by a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;
G. "foreign support agreement":
(1) means an agreement for support in a record that:
(a) is enforceable as a support order in the country of origin;
(b) has been: 1) formally drawn up or registered as an authentic instrument by a foreign tribunal; or 2) authenticated by or concluded, registered or filed with a foreign tribunal; and
(c) may be reviewed and modified by a foreign tribunal; and
(2) includes a maintenance arrangement or authentic instrument pursuant to the convention; and
H. "United States central authority" means the secretary of the United States department of health and human services.
History:
Laws 1994, ch. 107, § 701; 2005, ch. 166, § 44; repealed and reenacted by Laws 2011, ch. 159, § 53.
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.
Repeals and reenactments.
— Laws 2011, ch. 159, § 53 repealed former 40-6A-701 NMSA 1978, as enacted by Laws 1994, ch. 107, § 701, and enacted a new 40-6A-701 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-702 - Applicability.

Sections 40-6A-701 through 40-6A-713 NMSA 1978 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-702, enacted by Laws 2011, ch. 159, § 54.
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.
Effective dates.
— Laws 2011, ch. 159, § 54 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-703 - Relationship of human services department [health care authority department] to United States central authority.

The human services department [health care authority department] of this state is recognized as the agency designated by the United States central authority to perform specific functions pursuant to the convention.
History:
1978 Comp., § 40-6A-703, enacted by Laws 2011, ch. 159, § 55.
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.
Effective dates.
— Laws 2011, ch. 159, § 55 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.