2021 New Mexico Statutes
Part C - RECONCILIATION WITH ORDERS OF OTHER STATES
Section 40-6A-211 - Continuing, exclusive jurisdiction to modify spousal-support order.

A. A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order through the existence of the support obligation.
B. A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order pursuant to the law of that state or foreign country.
C. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or
(2) a responding tribunal to enforce or modify its own spousal-support order.
History: Laws 2005, ch. 166, § 12; 2011, ch. 159, § 14.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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.
Collateral attack on foreign order of child support. — Where, in a neglect case, the New Mexico court ordered the father to reimburse the children, youth and families department for child support due for the time the child was in the custody of the department and dismissed the mother's claim for child support from the father and the mother then invoked the jurisdiction of the Texas court to establish child support from the father, the human services department was precluded from collaterally attacking the Texas order in the New Mexico neglect case and from relitigating the mother's claims of child support from the father. State ex rel. CYFD v. Andree G., 2007-NMCA-156, 143 N.M. 195, 174 P.3d 531.

Structure 2021 New Mexico Statutes