A. A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 40-6A-605 NMSA 1978. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered support order or to contest the remedies being sought or the amount of any alleged arrearage pursuant to Section 40-6A-607 NMSA 1978.
B. If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
C. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
History: Laws 1994, ch. 107, § 606; 1997, ch. 9, § 19; 2011, ch. 159, § 43.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, required a nonregistering party to request a hearing within twenty days after notice of registration of an order as required by Section 40-6A-605 NMSA 1978.
The 1997 amendment, effective July 1, 1997, substituted "40-6A-607 NMSA 1978" for "607 of the Uniform Interstate Family Support Act" at the end of Subsection (a) and deleted "by first class mail" following "notice to the parties" near the end of Subsection (c).
Structure 2021 New Mexico Statutes
Article 6A - Uniform Interstate Family Support
Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION
Part B - CONTEST OF VALIDITY OR ENFORCEMENT
Section 40-6A-605 - Notice of registration of order.
Section 40-6A-606 - Procedure to contest validity or enforcement of registered support order.