A. Upon the filing of a petition authorized pursuant to the Uniform Interstate Family Support Act, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is in a foreign country, upon request, the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
History: Laws 1994, ch. 107, § 304; 1997, ch. 9, § 7; 2005, ch. 166, § 16; 2011, ch. 159, § 17.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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 foreign tribunals within the scope of Subsection B.
The 2005 amendment, effective June 17, 2005, deleted the requirement that three copies of the petition be forwarded to the responding tribunal in Subsection (a); deleted the qualification in Subsection (b) that the responding state not have enacted the Uniform Interstate Family Support Act or a similar law or procedure; provided that upon request of a responding tribunal, a New Mexico tribunal shall issue a certificate or document and make finding required by the other state; and provided that if the responding state is a foreign country or political subdivision that, upon request, a New Mexico tribunal shall convert the amount of child support into the equivalent amount of foreign currency under the exchange rate that is publicly reported
The 1997 amendment, effective July 1, 1997, designated the existing language as Subsection (a) and added Subsection (b).
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.