A. A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
B. A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
History: Laws 1994, ch. 107, § 206; 2005, ch. 166, § 7; 2011, ch. 159, § 9.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, made stylistic changes.
The 2005 amendment, effective June 17, 2005, added Subsections (a)(1) and (2) to provide that a New Mexico tribunal may request a tribunal of another state to enforce a New Mexico child-support order or a money judgment for arrears of support; deleted language in Subsection (b) which provided that if a party did not reside in the issuing state, then a tribunal could receive evidence or discovery from another state; and deleted Subsection (c) which provided that a New Mexico tribunal that lacks jurisdiction over a spousal order cannot serve as a responding tribunal to modify the other of another state.
Structure New Mexico Statutes
Article 6A - Uniform Interstate Family Support
Part B - PROCEEDINGS INVOLVING TWO OR MORE STATES
Section 40-6A-203 - Initiating and responding tribunal of state.
Section 40-6A-204 - Simultaneous proceedings.
Section 40-6A-205 - Continuing, exclusive jurisdiction to modify child-support order.
Section 40-6A-206 - Continuing jurisdiction to enforce child-support order.