2005 Senate Bill text for SB0838

SENATE BILL 838

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Cisco McSorley

AN ACT

RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; CLARIFYING JURISDICTION PROCEEDINGS; MODIFYING SUPPORT ORDERS; EXPANDING CIVIL PROVISIONS; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE UNIFORM INTERSTATE FAMILY SUPPORT ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 40-6A-101 NMSA 1978 (being Laws 1994, Chapter 107, Section 101, as amended) is recompiled as Section 40-6A-102 NMSA 1978 and is amended to read:

"40-6A-102. DEFINITIONS.--As used in the Uniform Interstate Family Support Act:

(1) "child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent;

(2) "child-support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state;

(3) "duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support;

(4) "home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period;

(5) "income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state;

(6) "income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor to withhold support from the income of the obligor;

(7) "initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act [the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act];

(8) "initiating tribunal" means the authorized tribunal in an initiating state;

(9) "issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage;

(10) "issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage;

(11) "law" includes decisional and statutory law and rules and regulations having the force of law;

(12) "obligee" means:

(i) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(ii) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(iii) an individual seeking a judgment determining parentage of the individual's child;

(13) "obligor" means an individual or the estate of a decedent who:

(i) [who] owes or is alleged to owe a duty of support;

(ii) [who] is alleged but has not been adjudicated to be a parent of a child; or

(iii) [who] is liable under a support order;

(14) "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity;

(15) "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

[(14)] (16) "register" means to record a support order or judgment determining parentage in the appropriate tribunal of this state;

[(15)] (17) "registering tribunal" means a tribunal in which a support order is registered;

[(16)] (18) "responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under the Uniform Interstate Family Support Act or law or procedure substantially similar to that act; [the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act;

(17)] (19) "responding tribunal" means the authorized tribunal in a responding state;

[(18)] (20) "spousal support order" means a support order for a spouse or former spouse of the obligor;

[(19)] (21) "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an Indian tribe, pueblo, nation or band and a foreign [jurisdiction] country or subdivision that has:

(i) been declared to be a foreign reciprocating country or political subdivision under federal law;

(ii) established a reciprocal arrangement for child support with this state as provided in Section 40-6A-308 NMSA 1978; or

(iii) enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under the Uniform Interstate Family Support Act; [the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act;

(20)] (22) "support enforcement agency" means a public official or agency authorized to [seek]:

(i) seek enforcement of support orders or laws relating to the duty of support;

(ii) seek establishment or modification of child support;

(iii) seek determination of parentage; [or]

(iv) [to] locate obligors or their assets; or

(v) determine the controlling child-support order;

[(21)] (23) "support order" means a judgment, decree, [or] order or directive, whether temporary, final or subject to modification, issued by a tribunal for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest, income withholding, attorney's fees and other relief; and

[(22)] (24) "tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage."

Section 2. Section 40-6A-103 NMSA 1978 (being Laws 1994, Chapter 107, Section 103) is recompiled as Section 40-6A-104 NMSA 1978 and is amended to read:

"40-6A-104. REMEDIES CUMULATIVE.--

(a) Remedies provided by the Uniform Interstate Family Support Act are cumulative and do not affect the availability of remedies under other law, including the recognition of a support order of a foreign country or political subdivision on the basis of comity.

(b) The Uniform Interstate Family Support Act does not:

(1) provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under the Uniform Interstate Family Support Act."

Section 3. Section 40-6A-201 NMSA 1978 (being Laws 1994, Chapter 107, Section 201) is amended to read:

"40-6A-201. BASES FOR JURISDICTION OVER NONRESIDENT.--

(a) In a proceeding to establish or enforce [or modify] a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with notice within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage in the putative father registry maintained in this state by the department of health; or

(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in Subsection (a) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a child support order of another state unless the requirements of Section 40-6A-611 or 40-6A-615 NMSA 1978 are met."

Section 4. Section 40-6A-202 NMSA 1978 (being Laws 1994, Chapter 107, Section 202) is repealed and a new Section 40-6A-202 NMSA 1978 is enacted to read:

"40-6A-202. [NEW MATERIAL] DURATION OF PERSONAL JURISDICTION.--Personal jurisdiction acquired by a tribunal of this state in a proceeding under the Uniform Interstate Family Support Act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 40-6A-205, 40-6A-206 and 40-6A-211 NMSA 1978."

Section 5. Section 40-6A-204 NMSA 1978 (being Laws 1994, Chapter 107, Section 204) is amended to read:

"40-6A-204. SIMULTANEOUS PROCEEDINGS [IN ANOTHER

STATE].--

(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

(1) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

(2) the contesting party timely challenges the exercise of jurisdiction in the other state; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

(1) the petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(2) the contesting party timely challenges the exercise of jurisdiction in this state; and

(3) if relevant, the other state is the home state of the child."

Section 6. Section 40-6A-205 NMSA 1978 (being Laws 1994, Chapter 107, Section 205, as amended) is amended to read:

"40-6A-205. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD-SUPPORT ORDER.--

(a) A tribunal of this state [issuing] that has issued a [support] child-support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction [over a] to modify its child-support order if the order is the controlling order and:

(1) [as long as] at the time of the filing of a request for modification this state [remains] is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or

(2) [until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction] even if this state is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

(b) A tribunal of this state [issuing] that has issued a child-support order consistent with the law of this state may not exercise [its] continuing exclusive jurisdiction to modify the order if: [the order has been modified by a tribunal of another state pursuant to a law substantially similar to the Uniform Interstate Family Support Act.

(c) If a child-support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to the Uniform Interstate Family Support Act, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state and may only:

(1) enforce the order that was modified as to amounts accruing before the modification;

(2) enforce nonmodifiable aspects of that order; and

(3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of]

(1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of all the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) its order is not the controlling order.

(c) If a tribunal of another state [which] has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to [the Uniform Interstate Family Support Act] that act that modifies a child-support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

[(f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.]"

Section 7. Section 40-6A-206 NMSA 1978 (being Laws 1994, Chapter 107, Section 206) is amended to read:

"40-6A-206. [ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING] CONTINUING JURISDICTION TO ENFORCE CHILD-SUPPORT ORDER.--

(a) A tribunal of this state that has issued a child-support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce [or modify a support order issued in that state]:

(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of another state is the controlling order.

(b) A tribunal of this state having continuing [exclusive] jurisdiction over a support order may act as a responding tribunal to enforce [or modify] the order. [If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Section 316 of the Uniform Interstate Family Support Act to receive evidence from another state and Section 318 of that act to obtain discovery through a tribunal of another state.

(c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.]"

Section 8. Section 40-6A-207 NMSA 1978 (being Laws 1994, Chapter 107, Section 207, as amended) is amended to read:

"40-6A-207. [RECOGNITION] DETERMINATION OF CONTROLLING CHILD-SUPPORT ORDER.--

(a) If a proceeding is brought under the Uniform Interstate Family Support Act and only one tribunal has issued a child-support order, the order of that tribunal controls and [must] shall be so recognized.

(b) If a proceeding is brought under the Uniform Interstate Family Support Act and two or more child-support orders have been issued by tribunals of this state or another state with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules [in determining] and by order shall determine which order [to recognize for purposes of continuing, exclusive jurisdiction] controls:

(1) if only one of the tribunals would have continuing, exclusive jurisdiction under the Uniform Interstate Family Support Act, the order of that tribunal controls and shall be so recognized;

(2) if more than one of the tribunals would have continuing, exclusive jurisdiction under the Uniform Interstate Family Support Act, an order issued by a tribunal in the current home state of the child controls [and must be so recognized], but if an order has not been issued in the current home state of the child, the order most recently issued controls [and must be so recognized]; and

(3) if none of the tribunals would have continuing, exclusive jurisdiction under the Uniform Interstate Family Support Act, the tribunal of this state [having jurisdiction over the parties] shall issue a child-support order, which controls [and must be so recognized].

(c) If two or more child-support orders have been issued for the same obligor and same child [and if the obligor or the individual obligee resides in this state] upon request of a party [may request] who is an individual or support enforcement agency, a tribunal of this state [to] having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls [and must be so recognized] under Subsection (b) of this section. The request [must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination] may be filed with a registration for enforcement or registration for modification pursuant to Sections 40-6A-601 through 40-6A-615 NMSA 1978, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order shall be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

[(d)] (e) The tribunal that issued the controlling order under Subsection (a), (b) or (c) of this section [is the tribunal that] has continuing [exclusive] jurisdiction [under] to the extent provided in Section 40-6A-205 or 40-6A-206 NMSA 1978.

[(e)] (f) A tribunal of this state that determines by order [the identity of] which is the controlling order under Paragraph (1) or (2) of Subsection (b) or Subsection (c) of this section or [which] that issues a new controlling order under Paragraph (3) of Subsection (b) of this section shall state in that order:

(1) the basis [upon] on which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 40-6A-209 NMSA 1978.

[(f)] (g) Within thirty days after issuance of an order determining [the identity of] which is the controlling order, the party obtaining the order shall file a certified copy of it [with] in each tribunal that issued or registered an earlier order of child support. A party [who obtains] or support enforcement agency obtaining the order [and] that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under the Uniform Interstate Family Support Act."

Section 9. Section 40-6A-208 NMSA 1978 (being Laws 1994, Chapter 107, Section 208) is amended to read:

"40-6A-208. [MULTIPLE] CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.--In responding to [multiple] registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the [multiple] orders had been issued by a tribunal of this state."

Section 10. Section 40-6A-209 NMSA 1978 (being Laws 1994, Chapter 107, Section 209) is amended to read:

"40-6A-209. CREDIT FOR PAYMENTS.--[Amounts] A tribunal of this state shall credit amounts collected [and credited] for a particular period pursuant to [a support order] any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this or another state [must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state]."

Section 11. A new section of the Uniform Interstate Family Support Act, Section 40-6A-210 NMSA 1978, is enacted to read:

"40-6A-210. [NEW MATERIAL] APPLICATION OF THE UNIFORM INTERSTATE FAMILY SUPPORT ACT TO A NONRESIDENT SUBJECT TO PERSONAL JURISDICTION.--A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under the Uniform Interstate Family Support Act, under other law of this state relating to a support order or recognizing a support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state pursuant to Section 40-6A-316 NMSA 1978, communicate with a tribunal or another state pursuant to Section 40-6A-317 NMSA 1978 and obtain discovery through a tribunal of another state pursuant to Section 40-6A-318 NMSA 1978. In all other respects, Sections 40-6A-301 through 40-6A-701 NMSA 1978 do not apply and the tribunal shall apply the procedural and substantive law of this state."

Section 12. A new section of the Uniform Interstate Family Support Act, Section 40-6A-211 NMSA 1978, is enacted to read:

"40-6A-211. [NEW MATERIAL] CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL-SUPPORT ORDER.--

(a) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order through the existence of the support obligation.

(b) A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

(1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or

(2) a responding tribunal to enforce or modify its own spousal-support order."

Section 13. Section 40-6A-301 NMSA 1978 (being Laws 1994, Chapter 107, Section 301) is amended to read:

"40-6A-301. PROCEEDINGS UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT.--

(a) Except as otherwise provided in the Uniform Interstate Family Support Act, [this article applies] Sections 40-6A-301 through 40-6A-319 NMSA 1978 apply to all proceedings under that act.

[(b) The Uniform Interstate Family Support Act provides for the following proceedings:

(1) establishment of an order for spousal support or child support pursuant to Article 4 of that act;

(2) enforcement of a support order and income-withholding order of another state without registration pursuant to Article 5 of that act;

(3) registration of an order for spousal support or child support of another state for enforcement pursuant to Article 6 of that act;

(4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to Article 2, Part B of that act;

(5) registration of an order for child support of another state for modification pursuant to Article 6 of that act;

(6) determination of parentage pursuant to Article 7 of that act; and

(7) assertion of jurisdiction over nonresidents pursuant to Article 2, Part A of that act.

(c)] (b) An individual petitioner or a support enforcement agency may [commence] initiate a proceeding authorized under the Uniform Interstate Family Support Act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent."

Section 14. Section 40-6A-302 NMSA 1978 (being Laws 1994, Chapter 107, Section 302) is amended to read:

"40-6A-302. [ACTION] PROCEEDING BY MINOR PARENT.--A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child."

Section 15. Section 40-6A-303 NMSA 1978 (being Laws 1994, Chapter 107, Section 303, as amended) is amended to read:

"40-6A-303. APPLICATION OF LAW OF STATE.--Except as otherwise provided by the Uniform Interstate Family Support Act, a responding tribunal of this state shall:

(1) [shall] apply the procedural and substantive law [including the rules on choice of law] generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) [shall] determine the duty of support and the amount payable in accordance with the law and support guidelines of this state."

Section 16. Section 40-6A-304 NMSA 1978 (being Laws 1994, Chapter 107, Section 304, as amended) is amended to read:

"40-6A-304. DUTIES OF INITIATING TRIBUNAL.--

(a) Upon the filing of a petition authorized by the Uniform Interstate Family Support Act, an initiating tribunal of this state shall forward [three copies of] the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If [a responding state has not enacted the Uniform Interstate Family Support Act or a law or procedure substantially similar to that act] requested by the responding tribunal, a tribunal of this state [may] shall issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign [jurisdiction] country or political subdivision, upon request, the tribunal [may] shall specify the amount of support sought, [and] convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding state."

Section 17. Section 40-6A-305 NMSA 1978 (being Laws 1994, Chapter 107, Section 305, as amended) is amended to read:

"40-6A-305. DUTIES AND POWERS OF RESPONDING TRIBUNAL.--

(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Subsection [(c)] (b) of Section 40-6A-301 NMSA 1978, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b) A responding tribunal of this state, to the extent [otherwise authorized] not prohibited by other law, may do one or more of the following:

(1) issue or enforce a support order, modify a child-support order, determine the controlling child-support order or [render a judgment to] determine parentage;

(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearage and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under the Uniform Interstate Family Support Act, or in the documents accompanying the order, the calculations on which the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support order issued under the Uniform Interstate Family Support Act upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under the Uniform Interstate Family Support Act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f) If requested to enforce a support order, arrears or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under applicable official or market exchange rate as publicly reported."

Section 18. Section 40-6A-306 NMSA 1978 (being Laws 1994, Chapter 107, Section 306, as amended) is amended to read:

"40-6A-306. INAPPROPRIATE TRIBUNAL.--If a petition or comparable pleading is received by an inappropriate tribunal of this state, [it] the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent."

Section 19. Section 40-6A-307 NMSA 1978 (being Laws 1994, Chapter 107, Section 307, as amended) is amended to read:

"40-6A-307. DUTIES OF SUPPORT ENFORCEMENT AGENCY.--

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under the Uniform Interstate Family Support Act.

(b) A support enforcement agency of this state that is providing services to the petitioner [as appropriate] shall:

(1) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

(2) request an appropriate tribunal to set a date, time and place for a hearing;

(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

(5) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:

(1) to ensure that the order to be registered is the controlling order; or

(2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of the state shall issue or request a tribunal of this state to issue a child-support order and an income-withholding order that redirect payment of current support, arrears and interest if requested to do so by a support enforcement agency of another state pursuant to Section 40-6A-319 NMSA 1978.

[(c)] (f) The Uniform Interstate Family Support Act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency."

Section 20. Section 40-6A-308 NMSA 1978 (being Laws 1994, Chapter 107, Section 308) is amended to read:

"40-6A-308. DUTY OF ATTORNEY GENERAL.--

(a) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under the Uniform Interstate Family Support Act or may provide those services directly to the individual.

(b) The attorney general may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination."

Section 21. Section 40-6A-310 NMSA 1978 (being Laws 1994, Chapter 107, Section 310) is amended to read:

"40-6A-310. DUTIES OF STATE INFORMATION AGENCY.--

(a) The human services department is the state information agency under the Uniform Interstate Family Support Act.

(b) The state information agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under the Uniform Interstate Family Support Act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(3) forward to the appropriate tribunal in the [place] county in this state in which the [individual] obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under the Uniform Interstate Family Support Act received from an initiating tribunal or the state information agency of the initiating state; and

(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security."

Section 22. Section 40-6A-311 NMSA 1978 (being Laws 1994, Chapter 107, Section 311) is amended to read:

"40-6A-311. PLEADINGS AND ACCOMPANYING DOCUMENTS.--

(a) In a proceeding under the Uniform Interstate Family Support Act, a petitioner seeking to establish [or modify] a support order, [or] to determine parentage [in a proceeding under the Uniform Interstate Family Support Act must verify the] or to register and modify a support order of another state shall file a petition. Unless otherwise ordered under Section [312 of the Uniform Interstate Family Support Act] 40-6A-312 NMSA 1978, the petition or accompanying documents [must] shall provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent and the name, sex, residential address, social security number and date of birth of each child for [whom] whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition [must] shall be accompanied by a [certified] copy of any support order [in effect] known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

(b) The petition [must] shall specify the relief sought. The petition and accompanying documents [must] shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency."

Section 23. Section 40-6A-312 NMSA 1978 (being Laws 1994, Chapter 107, Section 312) is amended to read:

"40-6A-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.--[Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under the Uniform Interstate Family Support Act] If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure or specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be the interest of justice."

Section 24. Section 40-6A-313 NMSA 1978 (being Laws 1994, Chapter 107, Section 313) is amended to read:

"40-6A-313. COSTS AND FEES.--

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under [Article 6 of the Uniform Interstate Family Support Act] Sections 40-6A-601 through 40-6A-615 NMSA 1978, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change."

Section 25. Section 40-6A-314 NMSA 1978 (being Laws 1994, Chapter 107, Section 314) is amended to read:

"40-6A-314. LIMITED IMMUNITY OF PETITIONER.--

(a) Participation by a petitioner in a proceeding under the Uniform Interstate Family Support Act before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under the Uniform Interstate Family Support Act.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under the Uniform Interstate Family Support Act committed by a party while present in this state to participate in the proceeding."

Section 26. Section 40-6A-316 NMSA 1978 (being Laws 1994, Chapter 107, Section 316) is amended to read:

"40-6A-316. SPECIAL RULES OF EVIDENCE AND PROCEDURE.--

(a) The physical presence of [the petitioner] a nonresident party who is an individual in a [responding] tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage.

(b) [A verified petition] An affidavit, a document substantially complying with federally mandated forms, [and] or a document incorporated by reference in any of them that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under [oath] penalty of perjury by a party or witness residing in another state.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

(e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier or other means that do not provide an original [writing] record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under the Uniform Interstate Family Support Act, a tribunal of this state [may] shall permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under the Uniform Interstate Family Support Act.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under the Uniform Interstate Family Support Act.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child."

Section 27. Section 40-6A-317 NMSA 1978 (being Laws 1994, Chapter 107, Section 317) is amended to read:

"40-6A-317. COMMUNICATIONS BETWEEN TRIBUNALS.--A tribunal of this state may communicate with a tribunal of another state or foreign country or political subdivision in [writing] a record or by telephone or other means to obtain information concerning the laws [of that state], the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding in the other state or foreign country or political subdivision. A tribunal of this state may furnish similar information by similar means to a tribunal of another state or foreign country or political subdivision."

Section 28. Section 40-6A-319 NMSA 1978 (being Laws 1994, Chapter 107, Section 319) is amended to read:

"40-6A-319. RECEIPT AND DISBURSEMENT OF PAYMENTS.--

(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to Subsection (b) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received."

Section 29. Section 40-6A-401 NMSA 1978 (being Laws 1994, Chapter 107, Section 401) is amended to read:

"40-6A-401. PETITION TO ESTABLISH SUPPORT ORDER.--

(a) If a support order entitled to recognition under the Uniform Interstate Family Support Act has not been issued, a responding tribunal of this state may issue a support order if:

(1) the individual seeking the order resides in another state; or

(2) the support enforcement agency seeking the order is located in another state.

(b) The tribunal may issue a temporary child support order if [(1) the respondent has signed a verified statement acknowledging parentage;

(2) the respondent has been determined by or pursuant to law to be the parent; or

(3) there is other clear and convincing evidence that the respondent is the child's parent.] the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) a presumed father of the child;

(2) petitioning to have his paternity adjudicated;

(3) identified as the father of the child through genetic testing;

(4) an alleged father who has declined to submit to genetic testing;

(5) shown by clear and convincing evidence to be the father of the child;

(6) an acknowledged father as provided by applicable state law;

(7) the mother of the child; or

(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section [305 of the Uniform Interstate Family Support Act] 40-6A-305 NMSA 1978."

Section 30. Section 40-6A-501 NMSA 1978 (being Laws 1994, Chapter 107, Section 501, as amended) is amended to read:

"40-6A-501. EMPLOYER'S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.--An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency to the obligor's employer without first filing a petition or comparable pleading or registering the order with a tribunal of this state."

Section 31. Section 40-6A-502 NMSA 1978 (being Laws 1997, Chapter 9, Section 12) is amended to read:

"40-6A-502. EMPLOYER'S COMPLIANCE WITH [INCOME-WITHOLDING] INCOME-WITHHOLDING ORDER OF ANOTHER STATE.--

(a) Upon receipt of an [income-witholding] income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(b) The employer shall treat an [income-witholding] income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

(c) Except as otherwise provided in Subsection (d) of this section and Section 40-6A-503 NMSA 1978, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order that specify:

(1) the duration and amount of periodic payments of current child support, stated as a sum certain;

(2) the person [or agency] designated to receive payments and the address to which the payments are to be forwarded;

(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and

(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(1) the employer's fee for processing an income-withholding order;

(2) the maximum amount permitted to be withheld from the obligor's income; and

(3) the times within which the employer [must] shall implement the withholding order and forward the child-support payment."

Section 32. Section 40-6A-503 NMSA 1978 (being Laws 1997, Chapter 9, Section 13) is amended to read:

"40-6A-503. EMPLOYEE'S COMPLIANCE WITH [MULTIPLE] TWO OR MORE INCOME-WITHHOLDING ORDERS.--If an obligor's employer receives [multiple] two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the [multiple] orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for [multiple] two or more child-support obligees."

Section 33. Section 40-6A-506 NMSA 1978 (being Laws 1997, Chapter 9, Section 16) is amended to read:

"40-6A-506. CONTEST BY OBLIGOR.--

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Sections 40-6A-601 through 40-6A-615 NMSA 1978, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. [Section 40-6A-604 NMSA 1978 applies to the contest.]

(b) The obligor shall give notice of the contest to:

(1) a support enforcement agency providing services to the obligee;

(2) each employer that has directly received an income-withholding order relating to the obligor; and

(3) the person [or agency] designated to receive payments in the income-withholding order or, if no person [or agency] is designated, to the obligee."

Section 34. Section 40-6A-507 NMSA 1978 (being Laws 1997, Chapter 9, Section 17) is amended to read:

"40-6A-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS.--

(a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to the Uniform Interstate Family Support Act."

Section 35. Section 40-6A-601 NMSA 1978 (being Laws 1994, Chapter 107, Section 601) is amended to read:

"40-6A-601. REGISTRATION OF ORDER FOR ENFORCEMENT.--

A support order or [an] income-withholding order issued by a tribunal of another state may be registered in this state for enforcement."

Section 36. Section 40-6A-602 NMSA 1978 (being Laws 1994, Chapter 107, Section 602) is amended to read:

"40-6A-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.--

(a) A support order or income-withholding order of another state may be registered in this state by sending the following [documents] records and information to the appropriate tribunal in this state:

(1) a letter of transmittal to the tribunal requesting registration and enforcement;

(2) two copies, including one certified copy, of [all orders] the order to be registered, including any modification of [an] the order;

(3) a sworn statement by the [party seeking] person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:

(i) the obligor's address and social security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt from execution; and

(5) except as otherwise provided in Section 40-6A-312 NMSA 1978, the name and address of the obligee and, if applicable, the [agency or] person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading [must] shall specify the grounds for the remedy sought.

(d) If two or more orders are in effect, the person requesting registration shall:

(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(2) specify the order alleged to be the controlling order, if any; and

(3) specify the amount of consolidated arrears, if any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination."

Section 37. Section 40-6A-604 NMSA 1978 (being Laws 1994, Chapter 107, Section 604) is amended to read:

"40-6A-604. CHOICE OF LAW.--

(a) Except as otherwise provided in Subsection (d) of this section, the law of the issuing state governs:

(1) the nature, extent, amount and duration of current payments [and other obligations of support and the payment of arrearage] under [the] a registered support order;

(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(b) In a proceeding for [arrearage] arrears under a registered support order, the statute of limitation [under the laws] of this state or of the issuing state, whichever is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state registered in this state.

(d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears."

Section 38. Section 40-6A-605 NMSA 1978 (being Laws 1994, Chapter 107, Section 605, as amended) is amended to read:

"40-6A-605. NOTICE OF REGISTRATION OF ORDER.--

(a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b) [The] A notice shall inform the nonregistering party:

(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice;

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearage and precludes further contest of that order with respect to any matter that could have been asserted; and

(4) of the amount of any alleged arrearage.

(1) identify the two or more orders and the order alleged by the registering person to be the controlling order and the consolidated arrears, if any;

(2) notify the nonregistering party of the right to a determination of which is the controlling order;

(3) state that the procedures provided in Subsection (b) of this section apply to the determination of which is the controlling order; and

(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

[(c)] (d) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer."

Section 39. Section 40-6A-607 NMSA 1978 (being Laws 1994, Chapter 107, Section 607) is amended to read:

"40-6A-607. CONTEST OF REGISTRATION OR ENFORCEMENT.--

(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over the contesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended or modified by a later order;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedy sought;

(6) full or partial payment has been made; [or]

(7) the statute of limitation under Section [604 of the Uniform Interstate Family Support Act] 40-6A-604 NMSA 1978 precludes enforcement of some or all of the alleged arrearage; or

(8) the alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under Subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

(c) If the contesting party does not establish a defense under Subsection (a) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order."

Section 40. Section 40-6A-610 NMSA 1978 (being Laws 1994, Chapter 107, Section 610) is amended to read:

"40-6A-610. EFFECT OF REGISTRATION FOR MODIFICATION.--

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of [Section 611 of the Uniform Interstate Family Support Act] Sections 40-6A-611, 40-6A-613 and 40-6A-615 NMSA 1978 have been met."

Section 41. Section 40-6A-611 NMSA 1978 (being Laws 1994, Chapter 107, Section 611, as amended) is amended to read:

"40-6A-611. MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE.--

(a) [After] If Section 40-6A-613 NMSA 1978 does not apply, except as otherwise provided in Section 40-6A-615 NMSA 1978, upon petition a tribunal of this state may modify a child-support order issued in another state [has been] that is registered in this state [the responding tribunal of this state may modify that order only if Section 40-6A-613 NMSA 1978 does not apply and] if, after notice and hearing, [it] the tribunal finds that:

(1) the following requirements are met:

(i) neither the child, nor the [individual] obligee [and] who is an individual nor the obligor [do not reside] resides in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) this state is the state of residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed [written] consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction [over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under the Uniform Interstate Family Support Act, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child-support order].

(b) Modification of a registered child-support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

(c) Except as otherwise provided in Section 40-6A-615 NMSA 1978, a tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and shall be so recognized under Section 40-6A-207 NMSA 1978 establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of further obligation of support by a tribunal of this state.

[(d)] (e) On issuance of an order by a tribunal of this state modifying a child-support order issued in another state, [a] the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction."

Section 42. Section 40-6A-612 NMSA 1978 (being Laws 1994, Chapter 107, Section 612) is amended to read:

"40-6A-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.--If a child-support order issued by a tribunal of this state [shall recognize a modification of its earlier child support order] is modified by a tribunal of another state which assumed jurisdiction pursuant to [a law substantially similar to] the Uniform Interstate Family Support Act, [and, upon request, except as otherwise provided in that act, shall] a tribunal of this state:

(1) may enforce [the] its order that was modified only as to [amounts] arrears and interest accruing before the modification;

[(2) enforce only nonmodifiable aspects of that order;

(3)] (2) may provide [other] appropriate relief [only] for violations of [that] its order which occurred before the effective date of the modification; and

[(4)] (3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement."

Section 43. A new section of the Uniform Interstate Family Support Act, Section 40-6A-615 NMSA 1978, is enacted to read:

"40-6A-615. [NEW MATERIAL] JURISDICTION TO MODIFY CHILD-SUPPORT ORDER OF FOREIGN COUNTRY OR POLITICAL SUBDIVISION.--

(a) If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the individual pursuant to Section 40-6A-611 NMSA 1978 has been given or whether the individual seeking modification is a resident of this state or of the foreign country or political subdivision.

(b) An order issued pursuant to this section is the controlling order."

Section 44. Section 40-6A-701 NMSA 1978 (being Laws 1994, Chapter 107, Section 701) is amended to read:

"40-6A-701. PROCEEDING TO DETERMINE PARENTAGE.--[(a)] A [tribunal] court of this state authorized to determine parentage of a child may serve as [an initiating or] a responding tribunal in a proceeding to determine parentage brought under the Uniform Interstate Family Support Act or a law substantially similar to that act [the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law]."

Section 45. Section 40-6A-801 NMSA 1978 (being Laws 1994, Chapter 107, Section 801) is amended to read:

"40-6A-801. GROUNDS FOR RENDITION.--

(a) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by the Uniform Interstate Family Support Act.

(b) The governor of this state may:

(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(2) on the demand [by] of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with the Uniform Interstate Family Support Act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom."

Section 46. Section 40-6A-802 NMSA 1978 (being Laws 1994, Chapter 107, Section 802) is amended to read:

"40-6A-802. CONDITIONS OF RENDITION.--

(a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to the Uniform Interstate Family Support Act or that the proceeding would be of no avail.

(b) If, under the Uniform Interstate Family Support Act or a law substantially similar to that act, [the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act] the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order."

Section 47. RECOMPILATION.--

A. Section 40-6A-102 NMSA 1978 (being Laws 1994, Chapter 107, Section 102, as amended) is recompiled as Section 40-6A-103 NMSA 1978.

B. Section 40-6A-902 NMSA 1978 (being Laws 1994, Chapter 107, Section 902, as amended) is recompiled as Section 40-6A-101 NMSA 1978.

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