A. Any action for enforcement, establishment or modification of a child support obligation shall be given priority in scheduling for hearing. A hearing or trial shall be scheduled before the court or an authorized quasi-judicial officer within sixty days of the filing of the request for hearing; provided, however, a petition to stay service shall be resolved in accordance with Subsection A of Section 9 [40-4A-9 NMSA 1978] of the Support Enforcement Act.
B. The powers of an authorized quasi-judicial officer shall include at a minimum:
(1) authority to take testimony and establish a record;
(2) authority to evaluate evidence and make initial decisions and recommendations; and
(3) authority to accept voluntary acknowledgement of support liability and to approve stipulated agreements to pay support.
C. If a party seeks to invoke the contempt powers of the court, the matter shall not be delegated to an authorized quasi-judicial officer.
D. Failure to meet the time requirements shall not constitute a defense to the action for support.
History: Laws 1985, ch. 105, ยง 13.
Structure 2021 New Mexico Statutes
Article 4A - Support Enforcement
Section 40-4A-1 - Short title.
Section 40-4A-2 - Definitions.
Section 40-4A-3 - Purpose of income withholding.
Section 40-4A-4 - Notice of delinquency.
Section 40-4A-4.1 - Immediate child support income withholding.
Section 40-4A-5 - Notice to withhold income.
Section 40-4A-6 - Amount of income subject to withholding.
Section 40-4A-7 - Procedure to avoid income withholding.
Section 40-4A-8 - Duties of payor.
Section 40-4A-9 - Petitions to modify, suspend or terminate notice of withholding.
Section 40-4A-10 - Additional duties.
Section 40-4A-12 - Interstate withholding by registration of foreign support order.
Section 40-4A-13 - Expedited process.
Section 40-4A-15 - Consumer reporting agencies.
Section 40-4A-16 - Remedies in addition to other laws.
Section 40-4A-17 - Publication of names of obligors; amount owed.
Section 40-4A-18 - Information regarding delinquency payments.
Section 40-4A-20 - Unpaid child support interest arrears management program.