A. Any proceeding to adjudicate child support shall be brought not later than three years after the child has reached the age of majority.
B. Except as otherwise specifically provided in another provision of the New Mexico Uniform Parentage Act, any proceeding to adjudicate the parentage of a child shall be commenced not later than three years after the child has reached the age of majority.
History: Laws 2009, ch. 215, § 6-607.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Applicability. — This article's twenty-one-year statute of limitations applies to claims for paternity and for claims for past child support based on such paternity. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167.
Action for back child support. — The trial court erred in applying the "catch-all" statute of limitations of 37-1-4 NMSA 1978 to a cause of action for back child support. Rather, in order to effectuate the purposes of this act, the applicable statute of limitations for support proceedings is that of this section. Padilla v. Montano, 1993-NMCA-127, 116 N.M. 398, 862 P.2d 1257.
Retroactive support. — This article authorized an adult daughter to pursue a cause of action for retroactive child support against her alleged father, in conjunction with a paternity action, prior to her twenty-first birthday. Tedford v. Gregory, 1998-NMCA-067, 125 N.M. 206, 959 P.2d 540, cert. denied, 125 N.M. 147, 958 P.2d 105.
Department without standing after child reaches majority. — The department's child support enforcement division could not bring action for paternity and past child support on behalf of twenty-year-old child; although such action could be maintained by the child, its outcome had no bearing upon the department, and therefore department had no standing. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167.
Structure New Mexico Statutes
Article 11A - New Mexico Uniform Parentage Act
Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE
Section 40-11A-601 - Proceeding authorized.
Section 40-11A-602 - Standing to maintain proceeding.
Section 40-11A-603 - Parties to proceeding.
Section 40-11A-604 - Personal jurisdiction.
Section 40-11A-606 - No limitation; child having no presumed, acknowledged or adjudicated father.
Section 40-11A-607 - Limitation; general.
Section 40-11A-608 - Authority to deny motion for genetic testing.
Section 40-11A-609 - Limitation; child having acknowledged or adjudicated father.
Section 40-11A-610 - Joinder of proceedings.