A. Except as otherwise provided in Sections 40-6A-701 through 40-6A-713 NMSA 1978, Sections 40-6A-605 through 40-6A-608 NMSA 1978 apply to a contest of a registered convention support order.
B. A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
C. If the nonregistering party fails to contest the registered convention support order by the time specified in Subsection B of this section, the order is enforceable.
D. A contest of a registered convention support order may be based only on grounds set forth in Section 40-6A-708 NMSA 1978. The contesting party bears the burden of proof.
E. In a contest of a registered convention support order, a tribunal of this state:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
F. A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
G. A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History: 1978 Comp., § 40-6A-707, enacted by Laws 2011, ch. 159, § 59.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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.
Effective dates. — Laws 2011, ch. 159, § 59 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
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.