2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-708 - Recognition and enforcement of registered convention support order.

A. Except as otherwise provided in Subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order.
B. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with the requirements of Section 40-6A-201 NMSA 1978 if those requirements were applied to the foreign country where the tribunal is located;
(3) the order is not enforceable in the issuing foreign country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with Section 40-6A-706 NMSA 1978 lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978 in this state;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(a) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(b) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of Section 40-6A-711 NMSA 1978.
C. If a tribunal of this state does not recognize a convention support order pursuant to Paragraph (2), (4), (6) or (9) of Subsection B of this section:
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(2) the human services department [health care authority department] of this state shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received pursuant to Section 40-6A-704 NMSA 1978.
History:
1978 Comp., § 40-6A-708, enacted by Laws 2011, ch. 159, § 60.
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, § 60 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.