A. A tribunal of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
B. If a tribunal of this state does not modify a convention child-support order because the order is not recognized in this state, Subsection C of Section 40-6A-708 NMSA 1978 applies.
History: 1978 Comp., § 40-6A-711, enacted by Laws 2011, ch. 159, § 63.
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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, § 63 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
Structure 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.