Section 40-6A-105 – Application of Uniform Interstate Family Support Act to resident of foreign country and foreign support proceeding

May 17, 2021 | Family Law, New Mexico

A. A tribunal of this state shall apply Sections 40-6A-101 through 40-6A-616 NMSA 1978 and, as applicable, Sections 40-6A-701 through 40-6A-713 NMSA 1978, to a support proceeding involving:

(1) a foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor or child residing in a foreign country.
B. A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Sections 40-6A-101 through 40-6A-616 NMSA 1978.
C. Sections 40-6A-701 through 40-6A-713 NMSA 1978 shall apply only to a support proceeding pursuant to the convention. In such a proceeding, if a provision of Sections 40-6A-701 through 40-6A-713 NMSA 1978 is inconsistent with Sections 40-6A-101 through 40-6A-616 NMSA 1978, the provisions of Sections 40-6A-701 through 40-6A-713 NMSA 1978 control.

NMS § 40-6A-105

1978 Comp., § 40-6A-105, enacted by Laws 2011, ch. 159, § 4.