Recognition of order modified in another state.

Checkout our iOS App for a better way to browser and research.

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 interest accruing before the modification;

B. may provide appropriate relief for violations of its order that occurred before the effective date of the modification; and

C. shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

History: Laws 1994, ch. 107, § 612; 2005, ch. 166, § 42; 2011, ch. 159, § 49.

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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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, made stylistic changes.

The 2005 amendment, effective June 17, 2005, provided that if a child-support order issued by a New Mexico tribunal is modified by a tribunal of another state, then a New Mexico tribunal may enforce its order only as to arrears and interest; provide appropriate relief for violations of the order and must recognize the modifying order of the other state for enforcement purposes; and deleted former Subsection (2), which provided that the New Mexico tribunal may enforce only non-modifiable aspects of its order.


Download our app to see the most-to-date content.