A. In a support proceeding pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978, the human services department of this state shall:
(1) transmit and receive applications; and(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:
(1) recognition or recognition and enforcement of a foreign support order;(2) enforcement of a support order issued or recognized in this state;(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;(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;(5) modification of a support order of a tribunal of this state; and(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:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;(2) modification of a support order of a tribunal of this state; and(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.
NMS § 40-6A-704
1978 Comp., § 40-6A-704, enacted by Laws 2011, ch. 159, § 56.Added by 2011, c. 159,s. 56, eff. Effective 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.
