A. In a proceeding pursuant to the Uniform Interstate Family Support Act, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country shall file a petition. Unless otherwise ordered pursuant to Section 40-6A-312 NMSA 1978, the petition or accompanying documents shall provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
B. The petition shall specify the relief sought. The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
History: Laws 1994, ch. 107, § 311; 2005, ch. 166, § 22; 2011, ch. 159, § 23.
Cross references. — For New Mexico Uniform Parentage Act, see 40-11A-1 NMSA 1978 et seq.
For rules of procedure, see Rule 1-001 NMRA.
For petition to establish parentage, see Form 4A-402 NMRA.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, included tribunals of a foreign country within the scope of Subsection A.
The 2005 amendment, effective June 17, 2005, provided in Subsection (a) that in a proceeding under the Uniform Interstate Family Support Act, a petitioner seeking to register and modify a support order of another state shall file a petition; provided that the petition provide name, residential address and social security numbers of the parent and alleged parent for whose benefit support is sought or whose parentage is to be determined; and provided that a copy of any support order known to have been issued by another tribunal shall be filed.
Structure New Mexico Statutes
Article 6A - Uniform Interstate Family Support
Article 3 - CIVIL PROVISIONS OF GENERAL APPLICATION
Section 40-6A-301 - Proceedings under the Uniform Interstate Family Support Act.
Section 40-6A-302 - Proceeding by minor parent.
Section 40-6A-303 - Application of law of state.
Section 40-6A-304 - Duties of initiating tribunal.
Section 40-6A-305 - Duties and powers of responding tribunal.
Section 40-6A-306 - Inappropriate tribunal.
Section 40-6A-307 - Duties of support enforcement agency.
Section 40-6A-308 - Duty of attorney general.
Section 40-6A-309 - Private counsel.
Section 40-6A-310 - Duties of state information agency.
Section 40-6A-311 - Pleadings and accompanying documents.
Section 40-6A-312 - Nondisclosure of information in exceptional circumstances.
Section 40-6A-313 - Costs and fees.
Section 40-6A-314 - Limited immunity of petitioner.
Section 40-6A-315 - Nonparentage as defense.
Section 40-6A-316 - Special rules of evidence and procedure.
Section 40-6A-317 - Communications between tribunals.