0001| HOUSE BILL 90
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| R. DAVID PEDERSON
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0005|
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO FAMILY LAW; PROVIDING PROCEDURES FOR RECONCILIATION
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0012| OF MULTIPLE CHILD-SUPPORT ORDERS; CLARIFYING PROCEDURES FOR
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0013| INCOME-WITHHOLDING ORDERS; AMENDING, REPEALING AND ENACTING
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0014| SECTIONS OF THE UNIFORM INTERSTATE FAMILY SUPPORT ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 40-6A-101 NMSA 1978 (being Laws 1994,
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0018| Chapter 107, Section 101) is amended to read:
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0019| "40-6A-101. DEFINITIONS.--As used in the Uniform
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0020| Interstate Family Support Act:
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0021| (1) "child" means an individual, whether over or
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0022| under the age of majority, who is or is alleged to be owed a
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0023| duty of support by the individual's parent or who is or is
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0024| alleged to be the beneficiary of a support order directed to
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0025| the parent;
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0001| (2) "child-support order" means a support order for
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0002| a child, including a child who has attained the age of majority
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0003| under the law of the issuing state;
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0004| (3) "duty of support" means an obligation imposed
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0005| or imposable by law to provide support for a child, spouse or
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0006| former spouse, including an unsatisfied obligation to provide
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0007| support;
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0008| (4) "home state" means the state in which a child
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0009| lived with a parent or a person acting as parent for at least
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0010| six consecutive months immediately preceding the time of filing
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0011| of a petition or comparable pleading for support and, if a
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0012| child is less than six months old, the state in which the child
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0013| lived from birth with any of them. A period of temporary
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0014| absence of any of them is counted as part of the six-month or
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0015| other period;
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0016| (5) "income" includes earnings or other periodic
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0017| entitlements to money from any source and any other property
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0018| subject to withholding for support under the law of this state;
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0019| (6) "income-withholding order" means an order or
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0020| other legal process directed to an obligor's employer or other
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0021| debtor to withhold support from the income of the obligor;
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0022| (7) "initiating state" means a state [in] from
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0023| which a proceeding is forwarded or in which a proceeding is
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0024| filed for forwarding to a responding state under the Uniform
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0025| Interstate Family Support Act or a law or procedure
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0001| substantially similar to that act, the Uniform Reciprocal
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0002| Enforcement of Support Act or the Revised Uniform Reciprocal
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0003| Enforcement of Support Act [is filed for forwarding to a
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responding state];
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0005| (8) "initiating tribunal" means the authorized
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0006| tribunal in an initiating state;
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0007| (9) "issuing state" means the state in which a
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0008| tribunal issues a support order or renders a judgment
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0009| determining parentage;
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0010| (10) "issuing tribunal" means the tribunal that
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0011| issues a support order or renders a judgment determining
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0012| parentage;
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0013| (11) "law" includes decisional and statutory law
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0014| and rules and regulations having the force of law;
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0015| (12) "obligee" means:
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0016| (i) an individual to whom a duty of support is
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0017| or is alleged to be owed or in whose favor a support order has
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0018| been issued or a judgment determining parentage has been
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0019| rendered;
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0020| (ii) a state or political subdivision to which
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0021| the rights under a duty of support or support order have been
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0022| assigned or which has independent claims based on financial
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0023| assistance provided to an individual obligee; or
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0024| (iii) an individual seeking a judgment
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0025| determining parentage of the individual's child;
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0001| (13) "obligor" means an individual or the estate of
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0002| a decedent:
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0003| (i) who owes or is alleged to owe a duty of
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0004| support;
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0005| (ii) who is alleged but has not been
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0006| adjudicated to be a parent of a child; or
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0007| (iii) who is liable under a support order;
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0008| (14) "register" means to record a support order or
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0009| judgment determining parentage in the appropriate tribunal of
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0010| this state;
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0011| (15) "registering tribunal" means a tribunal in
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0012| which a support order is registered;
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0013| (16) "responding state" means a state [to] in
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0014| which a proceeding is filed or to which a proceeding is
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0015| forwarded for filing from an initiating state under the
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0016| Uniform Interstate Family Support Act, a law or procedure
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0017| substantially similar to that act, the Uniform Reciprocal
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0018| Enforcement of Support Act or the Revised Uniform Reciprocal
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0019| Enforcement of Support Act;
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0020| (17) "responding tribunal" means the authorized
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0021| tribunal in a responding state;
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0022| (18) "spousal support order" means a support order
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0023| for a spouse or former spouse of the obligor;
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0024| (19) "state" means a state of the United States,
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0025| the District of Columbia, [the Commonwealth of] Puerto Rico,
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0001| the United States Virgin Islands or any territory or insular
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0002| possession subject to the jurisdiction of the United States.
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0003| [The term] "State" includes an Indian tribe and [includes]
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0004| a foreign jurisdiction that has enacted a law or established
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0005| procedures for issuance and enforcement of support orders which
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0006| are substantially similar to the procedures under the Uniform
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0007| Interstate Family Support Act, the Uniform Reciprocal
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0008| Enforcement of Support Act or the Revised Uniform Reciprocal
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0009| Enforcement of Support Act;
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0010| (20) "support enforcement agency" means a public
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0011| official or agency authorized to seek:
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0012| (i) enforcement of support orders or laws
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0013| relating to the duty of support;
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0014| (ii) establishment or modification of child
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0015| support;
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0016| (iii) determination of parentage; or
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0017| (iv) to locate obligors or their assets;
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0018| (21) "support order" means a judgment, decree or
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0019| order, whether temporary, final or subject to modification, for
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0020| the benefit of a child, a spouse or a former spouse, which
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0021| provides for monetary support, health care, arrearages or
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0022| reimbursement, and may include related costs and fees,
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0023| interest, income withholding, attorney's fees and other relief;
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0024| and
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0025| (22) "tribunal" means a court, administrative
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0001| agency or quasi-judicial entity authorized to establish,
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0002| enforce or modify support orders or to determine parentage."
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0003| Section 2. Section 40-6A-102 NMSA 1978 (being Laws 1994,
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0004| Chapter 107, Section 102) is amended to read:
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0005| "40-6A-102. [TRIBUNALS OF THIS] TRIBUNAL OF STATE.--
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0006| The district courts are the tribunals of this state."
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0007| Section 3. Section 40-6A-203 NMSA 1978 (being Laws 1994,
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0008| Chapter 107, Section 203) is amended to read:
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0009| "40-6A-203. INITIATING AND RESPONDING TRIBUNAL OF
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0010| [THIS] STATE.--Under the Uniform Interstate Family Support
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0011| Act, a tribunal of this state may serve as an initiating
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0012| tribunal to forward proceedings to another state and as a
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0013| responding tribunal for proceedings initiated in another
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0014| state."
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0015| Section 4. Section 40-6A-205 NMSA 1978 (being Laws 1994,
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0016| Chapter 107, Section 205) is amended to read:
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0017| "40-6A-205. CONTINUING, EXCLUSIVE JURISDICTION.--
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0018| (a) A tribunal of this state issuing a support
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0019| order consistent with the law of this state has continuing,
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0020| exclusive jurisdiction over a child-support order:
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0021| (1) as long as this state remains the
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0022| residence of the obligor, the individual obligee or the child
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0023| for whose benefit the support order is issued; or
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0024| (2) until [each individual party has] all
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0025| of the parties who are individuals have filed written
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0001| [consent] consents with the tribunal of this state for a
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0002| tribunal of another state to modify the order and assume
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0003| continuing, exclusive jurisdiction.
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0004| (b) A tribunal of this state issuing a child-
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0005| support order consistent with the law of this state may not
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0006| exercise its continuing jurisdiction to modify the order if the
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0007| order has been modified by a tribunal of another state pursuant
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0008| to a law substantially similar to the Uniform Interstate Family
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0009| Support Act.
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0010| (c) If a child-support order of this state is
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0011| modified by a tribunal of another state pursuant to a law
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0012| substantially similar to the Uniform Interstate Family Support
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0013| Act, a tribunal of this state loses its continuing, exclusive
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0014| jurisdiction with regard to prospective enforcement of the
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0015| order issued in this state and may only:
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0016| (1) enforce the order that was modified as to
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0017| amounts accruing before the modification;
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0018| (2) enforce nonmodifiable aspects of that
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0019| order; and
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0020| (3) provide other appropriate relief for
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0021| violations of that order which occurred before the effective
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0022| date of the modification.
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0023| (d) A tribunal of this state shall recognize the
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0024| continuing, exclusive jurisdiction of a tribunal of another
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0025| state which has issued a child-support order pursuant to a law
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0001| substantially similar to the Uniform Interstate Family Support
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0002| Act.
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0003| (e) A temporary support order issued ex parte or
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0004| pending resolution of a jurisdictional conflict does not create
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0005| continuing, exclusive jurisdiction in the issuing tribunal.
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0006| (f) A tribunal of this state issuing a support
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0007| order consistent with the law of this state has continuing,
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0008| exclusive jurisdiction over a spousal support order throughout
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0009| the existence of the support obligation. A tribunal of this
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0010| state may not modify a spousal support order issued by a
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0011| tribunal of another state having continuing, exclusive
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0012| jurisdiction over that order under the law of that state."
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0013| Section 5. Section 40-6A-207 NMSA 1978 (being Laws 1994,
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0014| Chapter 107, Section 207) is amended to read:
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0015| "40-6A-207. RECOGNITION OF [CHILD SUPPORT ORDERS]
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0016| CONTROLLING CHILD-SUPPORT ORDER.--
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0017| (a) If a proceeding is brought under the Uniform
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0018| Interstate Family Support Act and only one tribunal has issued
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0019| a child-support order, the order of that tribunal controls and
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0020| must be so recognized.
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0021| (b) If a proceeding is brought under the Uniform
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0022| Interstate Family Support Act and [one] two or more child-
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0023| support orders have been issued [in this] by tribunals of
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0024| this state or another state with regard to [an] the same
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0025| obligor and [a] child, a tribunal of this state shall apply
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0001| the following rules in determining which order to recognize for
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0002| purposes of continuing, exclusive jurisdiction:
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0003| [(1) if only one tribunal has issued a child
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support order, the order of that tribunal must be recognized;
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(2) if two or more tribunals have issued child
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support orders for the same obligor and child and]
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0007| (1) if only one of the tribunals would have
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0008| continuing, exclusive jurisdiction under the Uniform Interstate
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0009| Family Support Act, the order of that tribunal [must be]
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0010| controls and shall be so recognized;
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0011| [(3) if two or more tribunals have issued
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child support orders for the same obligor and child and]
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(2) if more than one of the tribunals would
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have continuing, exclusive jurisdiction under the Uniform
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Interstate Family Support Act, an order issued by a tribunal in
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the current home state of the child [must be] controls and
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0017| must be so recognized, but if an order has not been issued in
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0018| the current home state of the child, the order most recently
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0019| issued [must be] controls and must be so recognized; and
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0020| [(4) if two or more tribunals have issued
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child support orders for the same obligor and child and]
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0022| (3) if none of the tribunals would have
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0023| continuing, exclusive jurisdiction under the Uniform Interstate
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0024| Family Support Act, the tribunal of this state [may] having
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0025| jurisdiction over the parties shall issue a child-support
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0001| order, which [must be] controls and must be so recognized.
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0002| (c) If two or more child-support orders have been
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0003| issued for the same obligor and child and if the obligor or the
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0004| individual obligee resides in this state, a party may request a
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0005| tribunal of this state to determine which order controls and
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0006| must be so recognized under Subsection (b) of this section.
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0007| The request must be accompanied by a certified copy of every
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0008| support order in effect. The requesting party shall give
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0009| notice of the request to each party whose rights may be
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0010| affected by the determination.
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0011| [(b)] (d) The tribunal that [has issued an order
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recognized under subsection (a)] issued the controlling order
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0013| under Subsection (a), (b) or (c) of this section is the
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0014| tribunal [having] that has continuing, exclusive
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0015| jurisdiction under Section 40-6A-205 NMSA 1978.
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0016| (e) A tribunal of this state that determines by
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0017| order the identity of the controlling order under Paragraph (1)
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0018| or (2) of Subsection (b) of this section or which issues a new
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0019| controlling order under Paragraph (3) of Subsection (b) of this
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0020| section shall state in that order the basis upon which the
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0021| tribunal made its determination.
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0022| (f) Within thirty days after issuance of an order
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0023| determining the identity of the controlling order, the party
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0024| obtaining the order shall file a certified copy of it with each
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0025| tribunal that issued or registered an earlier order of child
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0001| support. A party who obtains the order and fails to file a
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0002| certified copy is subject to appropriate sanctions by a
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0003| tribunal in which the issue of failure to file arises. The
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0004| failure to file does not affect the validity or enforceability
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0005| of the controlling order."
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0006| Section 6. Section 40-6A-303 NMSA 1978 (being Laws 1994,
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0007| Chapter 107, Section 303) is amended to read:
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0008| "40-6A-303. APPLICATION OF LAW OF [THIS] STATE.--Except
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0009| as otherwise provided by the Uniform Interstate Family Support
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0010| Act, a responding tribunal of this state:
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0011| (1) shall apply the procedural and substantive law,
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0012| including the rules on choice of law, generally applicable to
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0013| similar proceedings originating in this state and may exercise
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0014| all powers and provide all remedies available in those
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0015| proceedings; and
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0016| (2) shall determine the duty of support and the
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0017| amount payable in accordance with the law and support
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0018| guidelines of this state."
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0019| Section 7. Section 40-6A-304 NMSA 1978 (being Laws 1994,
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0020| Chapter 107, Section 304) is amended to read:
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0021| "40-6A-304. DUTIES OF INITIATING TRIBUNAL.--
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0022| (a) Upon the filing of a petition authorized by
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0023| the Uniform Interstate Family Support Act, an initiating
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0024| tribunal of this state shall forward three copies of the
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0025| petition and its accompanying documents:
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0001| (1) to the responding tribunal or appropriate
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0002| support enforcement agency in the responding state; or
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0003| (2) if the identity of the responding tribunal
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0004| is unknown, to the state information agency of the responding
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0005| state with a request that they be forwarded to the appropriate
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0006| tribunal and that receipt be acknowledged.
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0007| (b) If a responding state has not enacted the
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0008| Uniform Interstate Family Support Act or a law or procedure
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0009| substantially similar to that act, a tribunal of this state may
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0010| issue a certificate or other document and make findings
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0011| required by the law of the responding state. If the responding
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0012| state is a foreign jurisdiction, the tribunal may specify the
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0013| amount of support sought and provide other documents necessary
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0014| to satisfy the requirements of the responding state."
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0015| Section 8. Section 40-6A-305 NMSA 1978 (being Laws 1994,
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0016| Chapter 107, Section 305) is amended to read:
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0017| "40-6A-305. DUTIES AND POWERS OF RESPONDING TRIBUNAL.--
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0018| (a) When a responding tribunal of this state
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0019| receives a petition or comparable pleading from an initiating
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0020| tribunal or directly pursuant to [Section 301(c) of the
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Uniform Interstate Family Support Act] Subsection (c) of
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0022| Section 40-6A-301 NMSA 1978, it shall cause the petition or
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0023| pleading to be filed and notify the petitioner [by first class
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mail] where and when it was filed.
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0025| (b) A responding tribunal of this state, to the
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0001| extent otherwise authorized by law, may do one or more of the
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0002| following:
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0003| (1) issue or enforce a support order, modify a
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0004| child-support order or render a judgment to determine
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0005| parentage;
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0006| (2) order an obligor to comply with a support
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0007| order, specifying the amount and the manner of compliance;
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0008| (3) order income withholding;
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0009| (4) determine the amount of any arrearage and
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0010| specify a method of payment;
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0011| (5) enforce orders by civil or criminal
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0012| contempt, or both;
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0013| (6) set aside property for satisfaction of the
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0014| support order;
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0015| (7) place liens and order execution on the
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0016| obligor's property;
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0017| (8) order an obligor to keep the tribunal
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0018| informed of the obligor's current residential address,
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0019| telephone number, employer, address of employment and telephone
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0020| number at the place of employment;
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0021| (9) issue a bench warrant for an obligor who
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0022| has failed after proper notice to appear at a hearing ordered
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0023| by the tribunal and enter the bench warrant in any local and
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0024| state computer systems for criminal warrants;
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0025| (10) order the obligor to seek appropriate
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0001| employment by specified methods;
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0002| (11) award reasonable attorney's fees and
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0003| other fees and costs; and
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0004| (12) grant any other available remedy.
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0005| (c) A responding tribunal of this state shall
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0006| include in a support order issued under the Uniform Interstate
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0007| Family Support Act, or in the documents accompanying the order,
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0008| the calculations on which the support order is based.
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0009| (d) A responding tribunal of this state may not
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0010| condition the payment of a support order issued under the
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0011| Uniform Interstate Family Support Act upon compliance by a
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0012| party with provisions for visitation.
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0013| (e) If a responding tribunal of this state issues
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0014| an order under the Uniform Interstate Family Support Act, the
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0015| tribunal shall send a copy of the order [by first class mail]
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0016| to the petitioner and the respondent and to the initiating
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0017| tribunal, if any."
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0018| Section 9. Section 40-6A-307 NMSA 1978 (being Laws 1994,
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0019| Chapter 107, Section 307) is amended to read:
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0020| "40-6A-307. DUTIES OF SUPPORT ENFORCEMENT AGENCY.--
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0021| (a) A support enforcement agency of this state,
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0022| upon request, shall provide services to a petitioner in a
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0023| proceeding under the Uniform Interstate Family Support Act.
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0024| (b) A support enforcement agency that is providing
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0025| services to the petitioner as appropriate shall:
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0001| (1) take all steps necessary to enable an
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0002| appropriate tribunal in this state or another state to obtain
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0003| jurisdiction over the respondent;
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0004| (2) request an appropriate tribunal to set a
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0005| date, time and place for a hearing;
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0006| (3) make a reasonable effort to obtain all
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0007| relevant information, including information as to income and
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0008| property of the parties;
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0009| (4) within two days, exclusive of Saturdays,
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0010| Sundays and legal holidays, after receipt of a written notice
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0011| from an initiating, responding or registering tribunal, send a
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0012| copy of the notice [by first class mail] to the petitioner;
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0013| (5) within two days, exclusive of Saturdays,
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0014| Sundays and legal holidays, after receipt of a written
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0015| communication from the respondent or the respondent's attorney,
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0016| send a copy of the communication [by first class mail] to the
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0017| petitioner; and
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0018| (6) notify the petitioner if jurisdiction over
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0019| the respondent cannot be obtained.
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0020| (c) The Uniform Interstate Family Support Act does
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0021| not create or negate a relationship of attorney and client or
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0022| other fiduciary relationship between a support enforcement
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0023| agency or the attorney for the agency and the individual being
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0024| assisted by the agency."
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0025| Section 10. Section 40-6A-501 NMSA 1978 (being Laws 1994,
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0001| Chapter 107, Section 501) is amended to read:
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0002| "40-6A-501. [RECOGNITION] EMPLOYER'S RECEIPT OF
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0003| INCOME-WITHHOLDING ORDER OF ANOTHER STATE. [(a)] An
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0004| income-withholding order issued in another state may be sent
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0005| [by first class mail] to the obligor's employer without first
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0006| filing a petition or comparable pleading or registering the
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0007| order with a tribunal of this state. [Upon receipt of the
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order, the employer shall:
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(1) treat an income-withholding order issued in
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another state which appears regular on its face as if it had
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been issued by a tribunal of this state;
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(2) immediately provide a copy of the order to
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the obligor; and
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(3) distribute the funds as directed in the
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withholding order.
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(b) An obligor may contest the validity or
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enforcement of an income-withholding order issued in another
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state in the same manner as if the order had been issued by a
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tribunal of this state. Section 604 of the Uniform Interstate
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Family Support Act applies to the contest. The obligor shall
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give notice of the contest to any support enforcement agency
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providing services to the obligee and to:
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(1) the person or agency designated to receive
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payments in the income-withholding order; or
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(2) if no person or agency is designated, the
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obligee.]"
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0002| Section 11. Section 40-6A-502 NMSA 1978 (being Laws 1994,
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0003| Chapter 107, Section 502) is repealed and a new Section
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0004| 40-6A-502 NMSA 1978 is enacted to read:
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0005| "40-6A-502. [NEW MATERIAL] EMPLOYER'S COMPLIANCE WITH
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0006| INCOME-WITHOLDING ORDER OF ANOTHER STATE.--
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0007| (a) Upon receipt of an income-witholding order, the
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0008| obligor's employer shall immediately provide a copy of the
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0009| order to the obligor.
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0010| (b) The employer shall treat an income-witholding
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0011| order issued in another state that appears regular on its face
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0012| as if it had been issued by a tribunal of this state.
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0013| (c) Except as otherwise provided in Subsection (d)
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0014| of this section and Section 40-6A-503 NMSA 1978 the employer
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0015| shall withhold and distribute the funds as directed in the
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0016| withholding order by complying with terms of the order that
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0017| specify:
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0018| (1) the duration and amount of periodic
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0019| payments of current child support, stated as a sum certain;
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0020| (2) the person or agency designated to receive
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0021| payments and the address to which the payments are to be
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0022| forwarded;
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0023| (3) medical support, whether in the form of
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0024| periodic cash payment, stated as a sum certain, or ordering the
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0025| obligor to provide health insurance coverage for the child
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0001| under a policy available through the obligor's employment;
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0002| (4) the amount of periodic payments of fees
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0003| and costs for a support enforcement agency, the issuing
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0004| tribunal and the obligor's attorney, stated as sums certain;
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0005| and
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0006| (5) the amount of periodic payments of
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0007| arrearages and interest on arrearages, stated as sums certain.
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0008| (d) An employer shall comply with the law of the
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0009| state of the obligor's principal place of employment for
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0010| withholding from income with respect to:
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0011| (1) the employer's fee for processing an
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0012| income-withholding order;
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0013| (2) the maximum amount permitted to be
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0014| withheld from the obligor's income; and
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0015| (3) the times within which the employer must
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0016| implement the withholding order and forward the child-support
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0017| payment."
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0018| Section 12. A new section of the Uniform Interstate
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0019| Family Support Act, Section 40-6A-503 NMSA 1978, is enacted to
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0020| read:
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0021| "40-6A-503. [NEW MATERIAL] COMPLIANCE WITH MULTIPLE
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0022| INCOME-WITHHOLDING ORDERS.--If an obligor's employer receives
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0023| multiple income-withholding orders with respect to the earnings
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0024| of the same obligor, the employer satisfies the terms of the
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0025| multiple orders if the employer complies with the law of the
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0001| state of the obligor's principal place of employment to
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0002| establish the priorities for withholding and allocating income
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0003| withheld for multiple child-support obligees."
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0004| Section 13. A new section of the Uniform Interstate
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0005| Family Support Act, Section 40-6A-504 NMSA 1978, is enacted to
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0006| read:
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0007| "40-6A-504. [NEW MATERIAL] IMMUNITY FROM CIVIL
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0008| LIABILITY.--An employer who complies with an income-withholding
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0009| order issued in another state in accordance with this article
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0010| is not subject to civil liability to an individual or agency
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0011| with regard to the employer's withholding of child support from
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0012| the obligor's income."
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0013| Section 14. A new section of the Uniform Interstate
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0014| Family Support Act, Section 40-6A-505 NMSA 1978, is enacted to
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0015| read:
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0016| "40-6A-505. [NEW MATERIAL] PENALTIES FOR
|
0017| NONCOMPLIANCE.--An employer who willfully fails to comply with
|
0018| an income-withholding order issued in another state and
|
0019| received for enforcement is subject to the same penalties that
|
0020| may be imposed for noncompliance with an order issued by a
|
0021| tribunal of this state."
|
0022| Section 15. A new section of the Uniform Interstate
|
0023| Family Support Act, Section 40-6A-506 NMSA 1978, is enacted to
|
0024| read:
|
0025| "40-6A-506. [NEW MATERIAL] CONTEST BY OBLIGOR.--
|
0001| (a) An obligor may contest the validity or
|
0002| enforcement of an income-withholding order issued in another
|
0003| state and received directly by an employer in this state in the
|
0004| same manner as if the order had been issued by a tribunal of
|
0005| this state. Section 40-6A-604 NMSA 1978 applies to the
|
0006| contest.
|
0007| (b) The obligor shall give notice of the contest
|
0008| to:
|
0009| (1) a support enforcement agency providing
|
0010| services to the obligee;
|
0011| (2) each employer that has directly received
|
0012| an income-withholding order; and
|
0013| (3) the person or agency designated to receive
|
0014| payments in the income-withholding order or, if no person or
|
0015| agency is designated, to the obligee."
|
0016| Section 16. A new section of the Uniform Interstate
|
0017| Family Support Act, Section 40-6A-507 NMSA 1978, is enacted to
|
0018| read:
|
0019| "40-6A-507. [NEW MATERIAL] ADMINISTRATIVE ENFORCEMENT
|
0020| OF ORDERS.--
|
0021| (a) A party seeking to enforce a support order or
|
0022| an income-withholding order, or both, issued by a tribunal of
|
0023| another state may send the documents required for registering
|
0024| the order to a support enforcement agency of this state.
|
0025| (b) Upon receipt of the documents, the support
|
0001| enforcement agency, without initially seeking to register the
|
0002| order, shall consider and, if appropriate, use any
|
0003| administrative procedure authorized by the law of this state to
|
0004| enforce a support order or an income-withholding order, or
|
0005| both. If the obligor does not contest administrative
|
0006| enforcement, the order need not be registered. If the obligor
|
0007| contests the validity or administrative enforcement of the
|
0008| order, the support enforcement agency shall register the order
|
0009| pursuant to the Uniform Interstate Family Support Act."
|
0010| Section 17. Section 40-6A-605 NMSA 1978 (being Laws 1994,
|
0011| Chapter 107, Section 605) is amended to read:
|
0012| "40-6A-605. NOTICE OF REGISTRATION OF ORDER.--
|
0013| (a) When a support order or income-withholding
|
0014| order issued in another state is registered, the registering
|
0015| tribunal shall notify the nonregistering party. [Notice must
|
be given by first class, certified or registered mail or by any
|
means of personal service authorized by the law of this
|
state.] The notice [must] shall be accompanied by a copy
|
0019| of the registered order and the documents and relevant
|
0020| information accompanying the order.
|
0021| (b) The notice [must] shall inform the
|
0022| nonregistering party:
|
0023| (1) that a registered order is enforceable as
|
0024| of the date of registration in the same manner as an order
|
0025| issued by a tribunal of this state;
|
0001| (2) that a hearing to contest the validity or
|
0002| enforcement of the registered order must be requested within
|
0003| twenty days after the date of mailing or personal service of
|
0004| the notice;
|
0005| (3) that failure to contest the validity or
|
0006| enforcement of the registered order in a timely manner will
|
0007| result in confirmation of the order and enforcement of the
|
0008| order and the alleged arrearage and precludes further contest
|
0009| of that order with respect to any matter that could have been
|
0010| asserted; and
|
0011| (4) of the amount of any alleged arrearage.
|
0012| (c) Upon registration of an income-withholding
|
0013| order for enforcement, the registering tribunal shall notify
|
0014| the obligor's employer."
|
0015| Section 18. Section 40-6A-606 NMSA 1978 (being Laws 1994,
|
0016| Chapter 107, Section 606) is amended to read:
|
0017| "40-6A-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT
|
0018| OF REGISTERED ORDER.--
|
0019| (a) A nonregistering party seeking to contest the
|
0020| validity or enforcement of a registered order in this state
|
0021| shall request a hearing within twenty days after the date of
|
0022| mailing or personal service of notice of the registration. The
|
0023| nonregistering party may seek to vacate the registration, to
|
0024| assert any defense to an allegation of noncompliance with the
|
0025| registered order or to contest the remedies being sought or the
|
0001| amount of any alleged arrearage pursuant to Section [607 of
|
the Uniform Interstate Family Support Act] 40-6A-607 NMSA
|
0003| 1978.
|
0004| (b) If the nonregistering party fails to contest
|
0005| the validity or enforcement of the registered order in a timely
|
0006| manner, the order is confirmed by operation of law.
|
0007| (c) If a nonregistering party requests a hearing to
|
0008| contest the validity or enforcement of the registered order,
|
0009| the registering tribunal shall schedule the matter for hearing
|
0010| and give notice to the parties [by first class mail] of the
|
0011| date, time and place of the hearing."
|
0012| Section 19. Section 40-6A-611 NMSA 1978 (being Laws 1994,
|
0013| Chapter 107, Section 611) is amended to read:
|
0014| "40-6A-611. MODIFICATION OF CHILD-SUPPORT ORDER OF
|
0015| ANOTHER STATE.--
|
0016| (a) After a child-support order issued in another
|
0017| state has been registered in this state, the responding
|
0018| tribunal of this state may modify that order only if Section
|
0019| 40-6A-613 NMSA 1978 does not apply and after notice and
|
0020| hearing it finds that:
|
0021| (1) the following requirements are met:
|
0022| (i) the child, the individual obligee
|
0023| and the obligor do not reside in the issuing state;
|
0024| (ii) a petitioner who is a nonresident
|
0025| of this state seeks modification; and
|
0001| (iii) the respondent is subject to the
|
0002| personal jurisdiction of the tribunal of this state; or
|
0003| (2) [an individual party or] the child or a
|
0004| party who is an individual is subject to the personal
|
0005| jurisdiction of the tribunal of this state and all of the
|
0006| [individual] parties who are individuals have filed [a
|
written consent] written consents in the issuing tribunal
|
0008| [providing that] for a tribunal of this state [may] to
|
0009| modify the support order and assume continuing, exclusive
|
0010| jurisdiction over the order. However, if the issuing state is
|
0011| a foreign jurisdiction that has not enacted a law or
|
0012| established procedures substantially similar to the procedures
|
0013| under the Uniform Interstate Family Support Act, the consent
|
0014| otherwise required of an individual residing in this state is
|
0015| not required for the tribunal to assume jurisdiction to modify
|
0016| the child-support order.
|
0017| (b) Modification of a registered child-support
|
0018| order is subject to the same requirements, procedures and
|
0019| defenses that apply to the modification of an order issued by a
|
0020| tribunal of this state, and the order may be enforced and
|
0021| satisfied in the same manner.
|
0022| (c) A tribunal of this state may not modify any
|
0023| aspect of a child-support order that may not be modified under
|
0024| the law of the issuing state.
|
0025| (d) On issuance of an order modifying a child-
|
0001| support order issued in another state, a tribunal of this state
|
0002| becomes the tribunal [of] having continuing, exclusive
|
0003| jurisdiction. If two or more tribunals have issued child-
|
0004| support orders for the same obligor and child, the order that
|
0005| controls and shall be so recognized under Section 40-6A-207
|
0006| NMSA 1978 establishes the aspects of the support order which
|
0007| are nonmodifiable.
|
0008| [(e) Within thirty days after issuance of a
|
modified child support order, the party obtaining the
|
modification shall file a certified copy of the order with the
|
issuing tribunal which had continuing, exclusive jurisdiction
|
over the earlier order and in each tribunal in which the party
|
knows that earlier order has been registered.]"
|
0014| Section 20. A new section of the Uniform Interstate
|
0015| Family Support Act, Section 40-6A-613 NMSA 1978, is enacted to
|
0016| read:
|
0017| "40-6A-613. [NEW MATERIAL] JURISDICTION TO MODIFY
|
0018| CHILD-SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES
|
0019| RESIDE IN THIS STATE.--
|
0020| (a) If all of the parties who are individuals
|
0021| reside in this state and the child does not reside in the
|
0022| issuing state, a tribunal of this state has jurisdiction to
|
0023| enforce and to modify the issuing state's child-support order
|
0024| in a proceeding to register that order.
|
0025| (b) A tribunal of this state exercising
|
0001| jurisdiction under this section shall apply the provisions of
|
0002| Articles 1 and 2 and this article of the Uniform Interstate
|
0003| Family Support Act and the procedural and substantive law of
|
0004| this state to the proceeding for enforcement or modification.
|
0005| Articles 3, 4, 5, 7 and 8 of the Uniform Interstate Family
|
0006| Support Act do not apply."
|
0007| Section 21. A new section of the Uniform Interstate Family
|
0008| Support Act, Section 40-6A-614 NMSA 1978, is enacted to read:
|
0009| "40-6A-614. [NEW MATERIAL] NOTICE TO ISSUING TRIBUNAL
|
0010| OF MODIFICATION.--Within thirty days after issuance of a
|
0011| modified child-support order, the party obtaining the
|
0012| modification shall file a certified copy of the order with the
|
0013| issuing tribunal that had continuing, exclusive jurisdiction
|
0014| over the earlier order, and in each tribunal in which the party
|
0015| knows the earlier order has been registered. A party who
|
0016| obtains the order and fails to file a certified copy is subject
|
0017| to appropriate sanctions by a tribunal in which the issue of
|
0018| failure to file arises. The failure to file does not affect
|
0019| the validity or enforceability of the modified order of the new
|
0020| tribunal having continuing, exclusive jurisdiction."
|
0021| Section 22. Section 40-6A-902 NMSA 1978 (being Laws 1994,
|
0022| Chapter 107, Section 902) is amended to read:
|
0023| "40-6A-902. SHORT TITLE. [This act] Chapter 40,
|
0024| Article 6A NMSA 1978 may be cited as the "Uniform Interstate
|
0025| Family Support Act"."
|
0001| Section 23. EFFECTIVE DATE.--The effective date of the
|
0002| provisions of this act is July 1, 1997.
|
0003|
|
0004|
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010|
|
0011|
|
0012|
|
0013|
|
0014|
|
0015| State of New Mexico
|
0016| House of Representatives
|
0017|
|
0018| FORTY-THIRD LEGISLATURE
|
0019| FIRST SESSION, 1997
|
0020|
|
0021|
|
0022| January 31, 1997
|
0023|
|
0024|
|
0025| Mr. Speaker:
|
0001|
|
0002| Your JUDICIARY COMMITTEE, to whom has been referred
|
0003|
|
0004| HOUSE BILL 90
|
0005|
|
0006| has had it under consideration and reports same with
|
0007| recommendation that it DO PASS, amended as follows:
|
0008|
|
0009| 1. On page 4, line 14, after "Act" strike the comma and
|
0010| insert in lieu thereof "or".
|
0011|
|
0012| 2. On page 14, between lines 11 and 12, insert the
|
0013| following new section:
|
0014|
|
0015| "Section 9. Section 40-6A-306 NMSA 1978 (being Laws 1994,
|
0016| Chapter 107, Section 306) is amended to read:
|
0017|
|
0018| "40-6A-306. INAPPROPRIATE TRIBUNAL.--If a petition or
|
0019| comparable pleading is received by an inappropriate tribunal of
|
0020| this state, it shall forward the pleading and accompanying
|
0021| documents to an appropriate tribunal in this state or another
|
0022| state and notify the petitioner [by first class mail] where and
|
0023| when the pleading was sent."".
|
0024|
|
0025| 3. Renumber the succeeding sections accordingly.
|
0001|
|
0002| 4. On page 17, line 23, strike "obligor's" and insert in
|
0003| lieu
|
0004| thereof "obligee's".
|
0005|
|
0006| 5. On page 19, line 8, strike "in" and insert in lieu
|
0007| thereof "by".
|
0008|
|
0009| 6. On page 21, line 14, strike "the date of mailing or
|
0010| personal service of the".
|
0011|
|
0012| 7. On page 22, lines 7 and 8, strike "the date of mailing
|
0013| or personal service of".
|
0014|
|
0015| 8. On page 24, line 9, after the period insert "If two or
|
0016| more tribunals have issued child-support orders for the same
|
0017| obligor and child, the order that controls and shall be so
|
0018| recognized under Section 40-6A-207 NMSA 1978 establishes the
|
0019| aspects of the support order which are nonmodifiable.".
|
0020|
|
0021| 9. On page 24, line 13, after the period strike the
|
0022| remainder of the line in its entirety and strike lines 14 through
|
0023| 17 in their entirety.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| Thomas P. Foy, Chairman
|
0007|
|
0008|
|
0009| Adopted Not Adopted
|
0010|
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date
|
0014|
|
0015| The roll call vote was 12 For 0 Against
|
0016| Yes: 12
|
0017| Excused: Sanchez
|
0018| Absent: None
|
0019|
|
0020|
|
0021| .115292.1
|
0022| G:\BILLTEXT\BILLW_97\H0090
|