46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO DOMESTIC AFFAIRS; PROVIDING FOR A COURT PROCEEDING TO ENFORCE A CUSTODY, TIME-SHARING OR VISITATION ORDER.

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

Section 1. A new Section 40-4-9.2 NMSA 1978 is enacted to read:

"40-4-9.2. [NEW MATERIAL] ENFORCEMENT OF CUSTODY, TIME-SHARING OR VISITATION ORDER.--

A. A court order concerning custody, time-sharing or visitation arrangements may be enforced by a motion filed with the court by either party pursuant to the provisions of this section.

B. The court shall provide such forms as are necessary for a party to file a motion for an order to show cause for a violation of a custody, time-sharing or visitation order. A motion, seeking an order of contempt, shall be verified or have an affidavit attached setting forth the relevant order governing the conduct of the parties and the alleged specific act that violated the order. The court, upon reviewing the motion, may issue an order to show cause why the answering party should not be held in contempt at a hearing to be held as expeditiously as possible after the filing of the motion. The order shall be personally served upon the answering party.

C. If a court finds that a party has violated a custody, time-sharing or visitation order, the court may find the party in contempt and may issue such further orders as are in the best interest of the child, including, among other remedies:

(1) imposing additional terms and conditions consistent with the court's previous order;

(2) modifying the prior order to meet the best interests of the child;

(3) requiring the violator to post bond or security to ensure further compliance;

(4) requiring that makeup visitation or time-sharing be provided the aggrieved party or child within one year after the noncompliance but consistent with the type and duration that is in the best interests of the child;

(5) imposing a fine or jail sentence on the violator;

(6) scheduling a hearing for modification of custody or time-sharing to consider all relevant information;

(7) awarding the actual expenses, including reasonable attorney fees and costs incurred by an aggrieved party because of the violation;

(8) providing a plan for overseeing and supervising the custody, time-sharing or visitation plan by a court-approved volunteer, guardian ad litem, court clinic professional or other qualified person; or

(9) pursuant to Subsection D of this section, modifying child support payments if:

(a) the violator has repeatedly and without just cause violated the custody, time-sharing or visitation order; and

(b) other remedies are unlikely to compel compliance with the custody, time-sharing or visitation order.

D. An order modifying child support payments shall provide that:

(1) existing payments shall continue for a three-month period but shall be placed into a trust account;

(2) at the end of the three-month period, the payments shall be released to the obligee if the court finds that, during the three-month period, the obligee has abided by the custody, time-sharing or visitation order; and

(3) if the court finds that the contempt of the obligee has continued during the three-month period, the obligee shall forfeit the right to the payments, the payments shall be returned to the obligor and future payments shall again be subject to the provisions of this subsection.

E. The remedies provided in this section are in addition to other procedural and statutory remedies provided by law."