A. Except as otherwise provided in the Uniform Interstate Family Support Act, Sections 40-6A-301 through 40-6A-319 NMSA 1978 apply to all proceedings pursuant to that act.
B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized pursuant to the Uniform Interstate Family Support Act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
History: Laws 1994, ch. 107, § 301; 2005, ch. 166, § 13; 2011, ch. 159, § 15.
Cross references. — For service of process outside this state, see Paragraph M of Rule 1-004 NMRA.
For depositions within this state in an action pending in another state, see Paragraph B(6) of Rule 1-045 NMRA.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, changed the reference in Subsection (a) from "this article" to "Sections 40-6A-301 through 40-6A-319 NMSA 1978"; and deleted former Subsection (b) which listed the proceeding that were provided in the Uniform Interstate Family Support Act.
Structure 2021 New Mexico Statutes
Article 6A - Uniform Interstate Family Support
Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION
Section 40-6A-301 - Proceedings under the Uniform Interstate Family Support Act.
Section 40-6A-302 - Proceeding by minor parent.
Section 40-6A-303 - Application of law of state.
Section 40-6A-304 - Duties of initiating tribunal.
Section 40-6A-305 - Duties and powers of responding tribunal.
Section 40-6A-306 - Inappropriate tribunal.
Section 40-6A-307 - Duties of support enforcement agency.
Section 40-6A-308 - Duty of attorney general.
Section 40-6A-310 - Duties of state information agency.
Section 40-6A-311 - Pleadings and accompanying documents.
Section 40-6A-312 - Nondisclosure of information in exceptional circumstances.
Section 40-6A-313 - Costs and fees.
Section 40-6A-314 - Limited immunity of petitioner.
Section 40-6A-315 - Nonparentage as defense.
Section 40-6A-316 - Special rules of evidence and procedure.
Section 40-6A-317 - Communications between tribunals.