A. Except as otherwise provided in Section 40-6A-711 NMSA 1978, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the individual pursuant to Section 40-6A-611 NMSA 1978 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
B. An order issued by a tribunal of this state modifying a foreign child-support order pursuant to this section is the controlling order.
History: Laws 2005, ch. 166, § 43; 2011, ch. 159, § 51.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, in Subsection A, excepted the modification of child-support convention orders pursuant to Section 40-6A-711 NMSA 1978 from the application of this section and granted jurisdiction to New Mexico courts if a foreign country lacks or refuses to exercise jurisdiction to modify its child support orders; and in Subsection B, made an order issued by a New Mexico tribunal modifying a foreign child-support order controlling.
Structure 2021 New Mexico Statutes
Article 6A - Uniform Interstate Family Support
Article 6 - ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION
Part C - REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER
Section 40-6A-609 - Procedure to register child support order of another state for modification.
Section 40-6A-610 - Effect of registration for modification.
Section 40-6A-611 - Modification of child-support order of another state.
Section 40-6A-612 - Recognition of order modified in another state.
Section 40-6A-614 - Notice to issuing tribunal of modification.
Section 40-6A-615 - Jurisdiction to modify child-support order of foreign country.
Section 40-6A-616 - Procedure to register child-support order of foreign country for modification.