A. A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding pursuant to the Uniform Interstate Family Support Act.
B. A support enforcement agency of this state that is providing services to the petitioner shall:
(1) take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
(5) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.
C. A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the controlling order; or
(2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
D. A support enforcement agency of this state that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
E. A support enforcement agency of the state shall issue or request a tribunal of this state to issue a child-support order and an income-withholding order that redirect payment of current support, arrears and interest if requested to do so by a support enforcement agency of another state pursuant to Section 40-6A-319 NMSA 1978.
F. The Uniform Interstate Family Support Act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
History: Laws 1994, ch. 107, § 307; 1997, ch. 9, § 10; 2005, ch. 166, § 19; 2011, ch. 159, § 20.
ANNOTATIONSCross references. — For the human services department, see 9-8-1 to 9-8-14 NMSA 1978.
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 another state or a foreign country within the scope of Subsection B.
The 2005 amendment, effective June 17, 2005, added Subsection (c) to provide that a New Mexico support enforcement agency that requests registration of a child-support order shall ensure that the order is the controlling order and that if there are more that one orders, ensure that a request is made to determine the identity of the controlling order; added Subsection (d) to provide that a New Mexico support enforcement agency that requests the registration and enforcement of an order or judgment stated in a foreign currency shall convert the amount to the equivalent amount in dollars under an exchange rate as publicly reported; and added Subsection (e) to provide that a New Mexico support enforcement agency shall issue or request a New Mexico tribunal to issue a child-support order and an income-withholding order that redirects payment if requested by a support enforcement agency of another state.
The 1997 amendment, effective July 1, 1997, deleted "by first class mail" following "copy of the notice" in Paragraph (b)(4), and deleted "by first class mail" following "a copy of the communication" in Paragraph (b)(5).
The human services department has the authority to bring an action in district court under the Uniform Interstate Family Support Act to modify the child support obligation of a non-custodial parent residing in another state. State ex rel., Washington HSD v. Jackson, 2007-NMCA-061, 141 N.M. 647, 159 P.3d 1132.