2021 New Mexico Statutes
Part A - REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
Section 40-6A-602 - Procedure to register order for enforcement.

A. Except as otherwise provided in Section 40-6A-706 NMSA 1978, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
(1) a letter of transmittal to the tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(a) the obligor's address and social security number;
(b) the name and address of the obligor's employer and any other source of income of the obligor; and
(c) a description and the location of property of the obligor in this state not exempt from execution; and
(5) except as otherwise provided in Section 40-6A-312 NMSA 1978, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or as a foreign support order, together with one copy of the documents and information, regardless of their form.
C. A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.
D. If two or more orders are in effect, the person requesting registration shall:
(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) specify the order alleged to be the controlling order, if any; and
(3) specify the amount of consolidated arrears, if any.
E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
History: Laws 1994, ch. 107, § 602; 2005, ch. 166, § 36; 2011, ch. 159, § 39.
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 an exception for the registration of convention support orders pursuant to Section 40-6A-706 NMSA 1978; included foreign support orders within the scope of Subsection A; and required the registering tribunal to cause an order to be filed as an order of a tribunal of another state or as a foreign support order.
The 2005 amendment, effective June 17, 2005, added the qualification in Subsection (a)(5) that except as otherwise provided in Section 40-6A-312 NMSA 1978, the information shall contain name and address of the obligee; added Subsection (d) to provide that if more than one order is in effect, the person registering the order shall furnish a copy of every support order asserted to be in effect, specify the order alleged to be the controlling order and specify the amount of the arrears; and added Subsection (e) to provide that a request for a determination of the controlling order may be filed separately or with a request for registration and enforcement and modification and that the person requesting registration shall give notice to all affected parties.
Filing petition to enforce foreign judgment. — A support order in a Texas judgment was registered in New Mexico when a parent filed the judgment in the district court for purposes of enforcing the visitation provisions. Harbison v. Johnston, 2001-NMCA-051, 130 N.M. 595, 28 P.3d 1136.

Structure 2021 New Mexico Statutes