A. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

B. A notice shall inform the nonregistering party:

1. (1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
2. (2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is pursuant to Section 40-6A-707 NMSA 1978;
3. (3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearage and precludes further contest of that order with respect to any matter that could have been asserted; and

4. (4) of the amount of any alleged arrearage.

   C. If the registering party asserts that two or more orders are in effect, a notice shall also:

5. (1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
6. (2) notify the nonregistering party of the right to a determination of which is the controlling order;
7. (3) state that the procedures provided in Subsection B of this section apply to the determination of which is the controlling order; and

8. (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

   D. Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer.

History: Laws 1994, ch. 107, § 605; 1997, ch. 9, § 18; 2005, ch. 166, § 38; 2011, ch. 159, § 42.

ANNOTATIONS

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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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 foreign support orders within the scope of Subsection A; exempted orders registered pursuant to Section 40-6A-707 NMSA 1978 from the requirement that the nonregistering party be notified that a hearing may be requested; and required support enforcement agencies to notify the obligor’s employer upon registration of a withholding order.

The 2005 amendment, effective June 17, 2005, added Subsection (c) to specify the content of the notice if the registering party asserts that more than one order is in effect.

The 1997 amendment, effective July 1, 1997, deleted the former second sentence in Subsection (a), and substituted "shall" for "must" in the present second sentence; substituted "shall" for "must" following "notice" in Subsection (b); and deleted "the date of mailing or personal service of the notice" following "twenty days after" in Paragraph (b)(2).