2021 New Mexico Statutes
Part A - REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
Section 40-6A-604 - Choice of law.

A. Except as otherwise provided in Subsection D of this section, the law of the issuing state or foreign country governs:
(1) the nature, extent, amount and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
B. In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
D. After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History: Laws 1994, ch. 107, § 604; 2005, ch. 166, § 37; 2011, ch. 159, § 41.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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 the law of foreign countries within the scope of this section.
The 2005 amendment, effective June 17, 2005, added the qualification in Subsection (a) that except as otherwise provided in Subsection (d), the law of the issuing state governs payments under a registered support order; added Subsections (a)(2) and (3) to provide respectively that the law of the issuing state governs the computation and payment of arrearages and interest and that the existence and satisfaction of other obligations under the support order; added Subsection (c) to provide that a New Mexico responding tribunal shall apply the procedures and remedies of New Mexico to enforce current support and collect arrearages and interest of a support order of another state; and added Subsection (d) to provide that after a tribunal determines the controlling order and issues an order consolidating arrears, a New Mexico tribunal shall prospectively apply the law of the state issuing the controlling order.

Structure 2021 New Mexico Statutes