Chapter 40 — Chapter 40

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of Sectio…

A. If Section 40-6A-613 NMSA 1978 does not apply, upon petition, a tribunal of this state may modify a child-support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that: (1) the following requirements are met: (a) n…

If a child-support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: A. may enforce its order that was modified only as to arrears and inte…

state when individual parties reside in this state. A. If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child-support order in …

Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party…

country. A. Except as otherwise provided in Section 40-6A-711 NMSA 1978, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child- support order and …

country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not pursuant to the convention may register that order in this state pursuant to Sections 40-6A-601 through 40-6A-608 NMSA 1978 if the order …

As used in Sections 40-6A-701 through 40-6A-713 NMSA 1978: A. "application" means a request pursuant to the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority; B. "central authority" means t…

Sections 40-6A-701 through 40-6A-713 NMSA 1978 apply only to a support proceeding pursuant to the convention. In such a proceeding, if a provision of Sections 40-6A-701 through 40-6A-713 NMSA 1978 is inconsistent with Sections 40-6A-101 through 40-6A-616 NMSA 1978, the provisions…

authority department] to United States central authority. The human services department [health care authority department] of this state is recognized as the agency designated by the United States central authority to perform specific functions pursuant to the convention. History…

authority department] of support proceeding under convention. 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) transmit and receive applications; and (2…

A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. B. A petitioner may file a direct request seeking recognition and enforcement of a suppor…

A. Except as otherwise provided in Sections 40-6A-701 through 40-6A-713 NMSA 1978, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Sections 40-6A-601 through 40-6A…

A. Except as otherwise provided in Sections 40-6A-701 through 40-6A-713 NMSA 1978, Sections 40-6A-605 through 40-6A-608 NMSA 1978 apply to a contest of a registered convention support order. B. A party contesting a registered convention support order shall file a contest not late…

support order. A. Except as otherwise provided in Subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order. B. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and e…

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order. History: 1978 Comp…

A. Except as otherwise provided in Subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. B. An application or direct request for recognition and enforcement of a foreign support agreement mu…

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 defendin…

Personal information gathered or transmitted pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978 may be used only for the purposes for which it was gathered or transmitted. History: 1978 Comp., § 40-6A-712, enacted by Laws 2011, ch. 159, § 64.

A record filed with a tribunal of this state pursuant to Sections 40-6A-701 through 40- 6A-713 NMSA 1978 must be in the original language and, if not in English, must be accompanied by an English translation. The cost of the translation shall be paid by the state or foreign count…

A. For purposes of Section 40-6A-802 NMSA 1978, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by the Uniform Interstate Family Support Act. B. The governor of this state may: (1) demand that the governor of an…

A. Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty da…

The Uniform Interstate Family Support Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it. History: Laws 1994, ch. 107, § 901.

ANNOTATIONS Recompilations. — Laws 2005, ch. 166, § 47 recompiled former 40-6A-902 NMSA 1978 as 40-6A-100 NMSA 1978, effective June 17, 2005.

If any provision of the Uniform Interstate Family Support Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and …

Chapter 40, Article 7A NMSA 1978 may be cited as the "Child Placement Agency Licensing Act". History: Laws 1981, ch. 171, § 1; 2011, ch. 130, § 1.

The purpose of the Child Placement Agency Licensing Act is to facilitate the licensing of child placement agencies for the placement of abused, neglected, dependent or homeless children in a stable and loving environment where a healthy and normal parent-child relationship may ex…

As used in the Child Placement Agency Licensing Act: A. "child" means an individual under the age of eighteen years; B. "child placement agency" means any individual, partnership, unincorporated association or corporation undertaking to place a child in a home in this or any othe…

A. An application for a license to operate a child placement agency shall be made to the division on forms provided and in the manner prescribed by the division. A child placement agency may be licensed either to place children in foster homes or in homes for adoption, or both. T…

Upon written application from a child placement agency, the division in exercise of its sole discretion may issue a variance that permits a noncompliance with the division's rules. The variance shall be in writing and may be temporary or permanent. No variance shall be issued tha…

reinstatement; appeal. A. The division may deny, revoke, suspend, place on probation or refuse to renew the license of any child placement agency for failure to comply with the division's rules. The holder of the license that is to be denied, revoked, suspended or placed on proba…

The filing of a petition with the district court shall not stay the enforcement of the decision of the division, but the court may order a stay upon a showing of good cause. History: Laws 1981, ch. 171, § 7.

Any person who operates a child placement agency or foster home without a license as provided for in the Child Placement Agency Licensing Act shall be guilty of a misdemeanor. History: Laws 1981, ch. 171, § 8. ARTICLE 7B Interstate Compact on Adoption and Medical Assistance

The "Interstate Compact on Adoption and Medical Assistance" is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: ARTICLE I. FINDINGS The party states find that: 1. in order to obtain adoptive families f…

department] to administer compact; rules and regulations. The New Mexico human services department [health care authority department], hereinafter called "the department", or its successor agency is the compact administrator of the Interstate Compact on Adoption and Medical Assis…

The compact administrator of the Interstate Compact on Adoption and Medical Assistance may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If any supplementary agreement requires or contemplates the use of any institution or…

Subject to legislative appropriations, the compact administrator of the Interstate Compact on Adoption and Medical Assistance shall arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or any supplementary agreement ente…

A. A child with special needs, resident in this state, who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon filing with the department a certified copy of the adoption assis…

Consistent with federal law, the department, in connection with the administration of the compact entered into pursuant to this act, shall include in any state plan made pursuant to the federal Adoption Assistance and Child Welfare Act of 1980 (P.L. 96- 272), Titles IV(e) and XIX…

A. Any resident of this state fourteen years of age or older may, upon petition to the district court of the district in which the petitioner resides, if no sufficient cause is shown to the contrary, have the petitioner's name changed or established by order of the court. The leg…

History: Laws 1889, ch. 3, § 2; C.L. 1897, § 2911; Code 1915, § 3808; C.S. 1929, § 92- 102; 1941 Comp., § 25-502; 1953 Comp., § 22-5-2; 1978 Comp., § 40-8-2; 2001, ch. 125, § 1; repealed by Laws 2023, ch. 28, § 2.

That the hearing and determination of all proceedings instituted under the provisions of this chapter [40-8-1, 40-8-3 NMSA 1978], and the final order of the court therein, shall be had and made at some regular term of the district court sitting within and for the county wherein s…

Chapter 40, Article 9 NMSA 1978 may be cited as the "Grandparent's Visitation Privileges Act". History: 1978 Comp., § 40-9-1, enacted by Laws 1993, ch. 93, § 1.

As used in the Grandparent's Visitation Privileges Act, "grandparent" means: A. the biological grandparent or great-grandparent of a minor child; or B. a person who becomes a grandparent or great-grandparent due to the adoption of a minor child by a member of that person's family…

A. In rendering a judgment of dissolution of marriage, legal separation or the existence of the parent and child relationship pursuant to the provisions of the Uniform Parentage Act [New Mexico Uniform Parentage Act, 40-11A-101 to 40-11A-903 NMSA 1978], or at any time after the e…

A. When the district court grants reasonable visitation privileges to a grandparent pursuant to the provisions of the Grandparent's Visitation Privileges Act, the court shall issue any necessary order to enforce the visitation privileges and may modify the privileges or order upo…

A. When a grandparent is granted visitation privileges with respect to a minor child pursuant to the provisions of the Grandparent's Visitation Privileges Act and the child's custodian intends to depart the state or to relocate within the state with the intention of changing that…

This act [40-10A-101 to 40-10A-403 NMSA 1978] may be cited as the "Uniform Child-Custody Jurisdiction and Enforcement Act". History: Laws 2001, ch. 114, § 101.

As used in the Uniform Child-Custody Jurisdiction and Enforcement Act: (1) "abandoned" means left without provision for reasonable and necessary care or supervision; (2) "child" means an individual who has not attained eighteen years of age; (3) "child-custody determination" mean…

The Uniform Child-Custody Jurisdiction and Enforcement Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. History: Laws 2001, ch. 114, § 103.