As used in Sections 40-6A-701 through 40-6A-713 NMSA 1978:
A. "application" means a request pursuant to the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;
B. "central authority" means the entity designated by the United States or a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;
C. "convention child-support order" means a child-support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;
D. "convention support order" means a support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;
E. "direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States;
F. "foreign central authority" means the entity designated by a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;
G. "foreign support agreement":
(1) means an agreement for support in a record that:
(a) is enforceable as a support order in the country of origin;
(b) has been: 1) formally drawn up or registered as an authentic instrument by a foreign tribunal; or 2) authenticated by or concluded, registered or filed with a foreign tribunal; and
(c) may be reviewed and modified by a foreign tribunal; and
(2) includes a maintenance arrangement or authentic instrument pursuant to the convention; and
H. "United States central authority" means the secretary of the United States department of health and human services.
History: Laws 1994, ch. 107, § 701; 2005, ch. 166, § 44; repealed and reenacted by Laws 2011, ch. 159, § 53.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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.
Repeals and reenactments. — Laws 2011, ch. 159, § 53 repealed former 40-6A-701 NMSA 1978, as enacted by Laws 1994, ch. 107, § 701, and enacted a new 40-6A-701 NMSA 1978.
Structure 2021 New Mexico Statutes
Article 6A - Uniform Interstate Family Support
Article 7 - DETERMINATION OF PARENTAGE
Section 40-6A-701 - Definitions.
Section 40-6A-702 - Applicability.
Section 40-6A-703 - Relationship of human services department to United States central authority.
Section 40-6A-704 - Initiation by human services department of support proceeding under convention.
Section 40-6A-705 - Direct request.
Section 40-6A-706 - Registration of convention support order.
Section 40-6A-707 - Contest of registered convention support order.
Section 40-6A-708 - Recognition and enforcement of registered convention support order.
Section 40-6A-709 - Partial enforcement.
Section 40-6A-710 - Foreign support agreement.
Section 40-6A-711 - Modification of convention child-support order.
Section 40-6A-712 - Personal information; limit on use.
Section 40-6A-713 - Record in original language; English translation.