A. In a support proceeding pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978, the human services department [health care authority department] of this state shall:

1. (1) transmit and receive applications; and

2. (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

   B. The following support proceedings are available to an obligee pursuant to the convention:

3. (1) recognition or recognition and enforcement of a foreign support order;
4. (2) enforcement of a support order issued or recognized in this state;
5. (3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
6. (4) establishment of a support order if recognition of a foreign support order is refused pursuant to Paragraph (2), (4) or (9) of Subsection B of Section 40-6A-708 NMSA 1978;
7. (5) modification of a support order of a tribunal of this state; and

8. (6) modification of a support order of a tribunal of another state or a foreign country.

   C. The following support proceedings are available pursuant to the convention to an obligor against which there is an existing support order:

9. (1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
10. (2) modification of a support order of a tribunal of this state; and

11. (3) modification of a support order of a tribunal of another state or a foreign country.

    D. A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings pursuant to the convention.

History: 1978 Comp., § 40-6A-704, enacted by Laws 2011, ch. 159, § 56.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.

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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, § 56 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.