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.
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.
Structure 2021 New Mexico Statutes
Article 4 - Dissolution of Marriage
Section 40-4-1 - Dissolution of marriage.
Section 40-4-2 - Incompatibility.
Section 40-4-4 - Venue; jurisdiction over property.
Section 40-4-5 - Dissolution of marriage; jurisdiction; domicile.
Section 40-4-6 - Verification of petition.
Section 40-4-7 - Proceedings; spousal support; support of children; division of property.
Section 40-4-7.1 - Use of life insurance policy as security.
Section 40-4-7.2 - Binding arbitration option; procedure.
Section 40-4-7.3 - Accrual of interest; delinquent child and spousal support.
Section 40-4-8 - Contested custody; appointment of guardian ad litem.
Section 40-4-9 - Standards for the determination of child custody; hearing.
Section 40-4-9.1 - Joint custody; standards for determination; parenting plan.
Section 40-4-10 - Appointment of guardian ad litem.
Section 40-4-11 - Determination of award of child support; notice to withhold income.
Section 40-4-11.1 - Child support; guidelines.
Section 40-4-11.2 - Grounds for deviation from child support guidelines.
Section 40-4-11.4 - Modification of child support orders; exchange of financial information.
Section 40-4-11.6 - Attachment of guideline worksheet to order.
Section 40-4-12 - Allowance from spouse's separate property as alimony.
Section 40-4-13 - Spousal support to constitute lien on real estate.
Section 40-4-14 - Allowance in property; appointment and removal of guardian.
Section 40-4-15 - Child support to constitute lien on real and personal property.
Section 40-4-16 - [Satisfaction of liens.]
Section 40-4-17 - [Motion to remove lien; bond for alimony or support payments.]
Section 40-4-18 - [Limitation of liens under Laws 1901, ch. 62, 28, 29.]