0001| AN ACT
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0002| RELATING TO DOMESTIC AFFAIRS; AMENDING SECTION 40-4-7 NMSA 1978 (BEING
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0003| LAWS 1901, CHAPTER 62, SECTION 27, AS AMENDED) TO PROVIDE FOR CHILD
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0004| SUPPORT IN CERTAIN CIRCUMSTANCES.
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0005|
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007| Section 1. Section 40-4-7 NMSA 1978 (being Laws 1901, Chapter
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0008| 62, Section 27, as amended) is amended to read:
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0009| "40-4-7. PROCEEDINGS--SPOUSAL SUPPORT--SUPPORT OF CHILDREN--
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0010| DIVISION OF PROPERTY.--
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0011| A. In any proceeding for the dissolution of marriage,
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0012| division of property, disposition of children or spousal support, the
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0013| court may make and enforce by attachment or otherwise an order to
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0014| restrain the use or disposition of the property of either party or for
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0015| the control of the children or to provide for the support of either
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0016| party during the pendency of the proceeding, as in its discretion may
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0017| seem just and proper. The court may make an order, relative to the
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0018| expenses of the proceeding, as will ensure either party an efficient
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0019| preparation and presentation of his case.
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0020| B. On final hearing, the court:
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0021| (1) may allow either party such a reasonable portion
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0022| of the spouse's property or such a reasonable sum of money to be paid
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0023| by either spouse either in a single sum or in installments, as spousal
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0024| support as under the circumstances of the case may seem just and
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0025| proper, including a court award of:
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0001| (a) rehabilitative spousal support that provides
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0002| the receiving spouse with education, training, work experience or
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0003| other forms of rehabilitation that increases the receiving spouse's
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0004| ability to earn income and become self-supporting. The court may
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0005| include a specific rehabilitation plan with its award of
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0006| rehabilitative spousal support and may condition continuation of the
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0007| support upon compliance with that plan;
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0008| (b) transitional spousal support to supplement
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0009| the income of the receiving spouse for a limited period of time;
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0010| provided that the period shall be clearly stated in the court's final
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0011| order;
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0012| (c) spousal support for an indefinite duration;
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0013| (d) a single sum to be paid in one or more
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0014| installments that specifies definite amounts, subject only to the
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0015| death of the receiving spouse; or
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0016| (e) a single sum to be paid in one or more
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0017| installments that specifies definite amounts, not subject to any
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0018| contingencies, including the death of the receiving spouse;
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0019| (2) may:
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0020| (a) modify and change any order in respect to
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0021| spousal support awarded pursuant to the provisions of Subparagraph
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0022| (a), (b) or (c) of Paragraph (1) of this subsection whenever the
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0023| circumstances render such change proper; or
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0024| (b) designate spousal support awarded pursuant
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0025| to the provisions of Subparagraph (a) or (b) of Paragraph (1) of this
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0001| subsection as nonmodifiable with respect to the amount or duration of
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0002| the support payments;
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0003| (3) may set apart out of the property or income of
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0004| the respective parties such portion for the maintenance and education
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0005| of:
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0006| (a) their unemancipated minor children as may
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0007| seem just and proper; or
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0008| (b) their children until the children's
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0009| graduation from high school if the children are emancipated only by
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0010| age, are under nineteen and are attending high school; and
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0011| (4) may make such an order for the guardianship,
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0012| care, custody, maintenance and education of the minor children, or
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0013| with reference to the control of the property of the respective
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0014| parties to the proceeding, or with reference to the control of the
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0015| property decreed or fund created by the court for the maintenance and
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0016| education of the minor children, as may seem just and proper.
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0017| C. The court may order and enforce the payment of support
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0018| for the maintenance and education after high school of emancipated
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0019| children of the marriage pursuant to a written agreement between the
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0020| parties.
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0021| D. An award of spousal support made pursuant to the
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0022| provisions of Subparagraph (a), (b), (c) or (d) of Paragraph (1) of
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0023| Subsection B of this section shall terminate upon the death of the
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0024| receiving spouse, unless the court order of spousal support provides
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0025| otherwise.
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0001| E. When making determinations concerning spousal support to
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0002| be awarded pursuant to the provisions of Paragraph (1) or (2) of
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0003| Subsection B of this section, the court shall consider:
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0004| (1) the age and health of and the means of support
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0005| for the respective spouses;
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0006| (2) the current and future earnings and the earning
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0007| capacity of the respective spouses;
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0008| (3) the good-faith efforts of the respective spouses
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0009| to maintain employment or to become self-supporting;
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0010| (4) the reasonable needs of the respective spouses,
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0011| including:
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0012| (a) the standard of living of the respective
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0013| spouses during the term of the marriage;
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0014| (b) the maintenance of medical insurance for the
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0015| respective spouses; and
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0016| (c) the appropriateness of life insurance,
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0017| including its availability and cost, insuring the life of the person
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0018| who is to pay support to secure the payments, with any life insurance
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0019| proceeds paid on the death of the paying spouse to be in lieu of
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0020| further support;
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0021| (5) the duration of the marriage;
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0022| (6) the amount of the property awarded or confirmed
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0023| to the respective spouses;
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0024| (7) the type and nature of the respective spouses'
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0025| assets; provided that potential proceeds from the sale of property by
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0001| either spouse shall not be considered by the court, unless required by
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0002| exceptional circumstances and the need to be fair to the parties;
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0003| (8) the type and nature of the respective spouses'
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0004| liabilities;
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0005| (9) income produced by property owned by the
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0006| respective spouses; and
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0007| (10) agreements entered into by the spouses in
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0008| contemplation of the dissolution of marriage or legal separation.
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0009| F. The court shall retain jurisdiction over proceedings
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0010| involving periodic spousal support payments when the parties have been
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0011| married for twenty years or more prior to the dissolution of the
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0012| marriage, unless the court order or decree specifically provides that
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0013| no spousal support shall be awarded.
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0014| G. The court may modify and change any order or
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0015| agreement merged into an order in respect to the guardianship,
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0016| care, custody, maintenance or education of the children whenever
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0017| circumstances render such change proper. The district court shall
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0018| have exclusive jurisdiction of all matters pertaining to the
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0019| guardianship, care, custody, maintenance and education of the
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0020| children until the parents' obligation of support for their
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0021| children terminates. The district court shall also have
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0022| exclusive, continuing jurisdiction with reference to the property
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0023| decreed or funds created for the children's maintenance and
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0024| education."
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