Except as otherwise provided by the Uniform Interstate Family Support Act, a responding tribunal of this state shall:
A. apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
B. determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
History: Laws 1994, ch. 107, § 303; 1997, ch. 9, § 6; 2005, ch. 166, § 15; 2011, ch. 159, § 16.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, made stylistic changes.
The 2005 amendment, effective June 17, 2005, deleted the provision in Subsection (1) that a responding tribunal shall apply the rules on choice of law.
The 1997 amendment, effective July 1, 1997, deleted "this" preceding "state" in the section heading.
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.