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 support order or foreign support agreement. In the proceeding, Sections 40-6A-706 through 40-6A-713 NMSA 1978 apply.C. In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) a security, bond or deposit is not required to guarantee the payment of costs and expenses; and(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.D. A petitioner filing a direct request is not entitled to assistance from the human services department of this state.E. Sections 40-6A-701 through 40-6A-713 NMSA 1978 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
NMS § 40-6A-705
1978 Comp., § 40-6A-705, enacted by Laws 2011, ch. 159, § 57.Added by 2011, c. 159,s. 57, 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.
