2021 New Mexico Statutes
Part C - RECONCILIATION WITH ORDERS OF OTHER STATES
Section 40-6A-207 - Determination of controlling child-support order.

A. If a proceeding is brought pursuant to the Uniform Interstate Family Support Act and only one tribunal has issued a child-support order, the order of that tribunal controls and shall be so recognized.
B. If a proceeding is brought pursuant to the Uniform Interstate Family Support Act and two or more child-support orders have been issued by tribunals of this state, another state or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
(1) if only one of the tribunals would have continuing, exclusive jurisdiction pursuant to the Uniform Interstate Family Support Act, the order of that tribunal controls;
(2) if more than one of the tribunals would have continuing, exclusive jurisdiction pursuant to the Uniform Interstate Family Support Act:
(a) an order issued by a tribunal in the current home state of the child controls; or
(b) if an order has not been issued in the current home state of the child, the order most recently issued controls; and
(3) if none of the tribunals would have continuing, exclusive jurisdiction pursuant to the Uniform Interstate Family Support Act, the tribunal of this state shall issue a child-support order, which controls.
C. If two or more child-support orders have been issued for the same obligor and same child upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls pursuant to Subsection B of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to Sections 40-6A-601 through 40-6A-615 NMSA 1978, or may be filed as a separate proceeding.
D. A request to determine which is the controlling order shall be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
E. The tribunal that issued the controlling order under Subsection A, B or C of this section has continuing jurisdiction to the extent provided in Section 40-6A-205 or 40-6A-206 NMSA 1978.
F. A tribunal of this state that determines by order which is the controlling order pursuant to Paragraph (1) or (2) of Subsection B or Subsection C of this section or that issues a new controlling order pursuant to Paragraph (3) of Subsection B of this section shall state in that order:
(1) the basis on which the tribunal made its determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 40-6A-209 NMSA 1978.
G. Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that 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 controlling order.
H. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under the Uniform Interstate Family Support Act.
History: Laws 1994, ch. 107, § 207; 1997, ch. 9, § 5; 2005, ch. 166, § 8; 2011, ch. 159, § 10.
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 B.
The 2005 amendment, effective June 17, 2005, provided in Subsection (b) that in a proceeding under the Uniform Interstate Family Support Act, if more than one child-support order has been issued with regard to the same obligor and the same child, then a New Mexico tribunal that has personal jurisdiction of the obligor and the obligee shall apply the rules in Subsection (b) to determine which order controls; provided in Subsection (c) that if more than one child-support order has been issued with regard to the same obligor and the same child, then upon request of a party or a support enforcement agency, a New Mexico tribunal which has personal jurisdiction over the obligor and the obligee shall determine which order controls and that the request may be filed with a registration for enforcement or modification or as a separate proceeding; added Subsection (d) to provide that a request to determine a controlling order shall be accompanied by a copy of every child-support order in effect and payment records; added the reference to Section 40-6A-206 NMSA 1978 in Subsection (e); added Subsections (f)(2) and (3) to require that an order shall state the amount of the prospective support and the amount of arrears and accrued interest; provided in Subsection (g) that a support enforcement agency that fails to file a copy of the order as required may be subject to sanctions; and added Subsection (h) to provide that a controlling order or a judgment for consolidated arrears of support and interest must be recognized in a proceeding under the Uniform Interstate Family Support Act.
The 1997 amendment, effective July 1, 1997, substituted "controlling child-support order" for "child support orders" in the section heading and rewrote this section to the extent that a detailed comparison is impracticable.
Laws of New Mexico have long required father to support children and such a duty is emphasized under the provisions of the Reciprocal Enforcement Act. State ex rel. Terry v. Terry, 1969-NMSC-040, 80 N.M. 185, 453 P.2d 206 (decided under prior law).
Law of state where respondent present applicable. — Under former 40-6-4 and 40-6-7 NMSA 1978, the duty of support imposed by the laws of this state or the laws of the state where respondent was present for any period during which support is sought were binding upon the respondent regardless of the presence or residence of the petitioner-obligee. State ex rel. Alleman v. Shoats, 1984-NMCA-072, 101 N.M. 512, 684 P.2d 1177 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of provision of Uniform Reciprocal Enforcement of Support Act that no support order shall supersede or nullify any other order, 31 A.L.R.4th 347.
Postmajority disability as reviving parental duty to support child, 48 A.L.R.4th 919.

Structure 2021 New Mexico Statutes