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Section 40-6A-701 – Definitions

May 17, 2021 | Family Law, New Mexico

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 the entity designated by the United States or a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;
C. “convention child-support order” means a child-support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;
D. “convention support order” means a support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;
E. “direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States;
F. “foreign central authority” means the entity designated by a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;
G. “foreign support agreement”:

(1) means an agreement for support in a record that:

(a) is enforceable as a support order in the country of origin;
(b) has been:

1) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
2) authenticated by or concluded, registered or filed with a foreign tribunal; and
(c) may be reviewed and modified by a foreign tribunal; and
(2) includes a maintenance arrangement or authentic instrument pursuant to the convention; and
H. “United States central authority” means the secretary of the United States department of health and human services. § 40-6A-701 NMSA 1978 repealed and re enacted by Laws 2011, ch. 159, § 53.

NMS § 40-6A-701

§ 40-6A-701 NMSA 1978 repealed and re enacted by Laws 2011, ch. 159, § 53.
Added by 2011, c. 159,s. 53, eff. the later of the date that the United States deposits the instrument of ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague conference on private international law or 1/1/2012.