N.M. Stat. § 27-2-27 (2026)

A. The authority is designated as the single state agency for the enforcement of
child and spousal support obligations pursuant to Title 4-D of the federal Social Security
Act with the following duties and powers to:

       (1)    establish the paternity of a child in the case of the child born out of
wedlock with respect to whom an assignment of support rights has been executed in
favor of the authority;

       (2)     establish an order of support for children receiving aid from temporary
assistance for needy families and, at the option of the authority, for the spouse or former
spouse with whom such children are living, but only if a support obligation has been
established with respect to such spouse or former spouse, for whom no order of support
currently exists and seek modification, based upon the noncustodial parent's ability to
pay, of existing orders in which the support order is inadequate to properly care for the
child and the spouse or former spouse with whom the child is living;

       (3)   enforce as the real party in interest any existing order for the support of
children who are receiving temporary assistance for needy families or of the spouse or
former spouse with whom such children are living;

       (4)    provide services to non-aid families with dependent children in the
establishment and enforcement of paternity and child support obligations, including
locating the absent parent. For these services, the authority is authorized to establish
and collect fees, costs and charges permitted or required by federal law or by
regulations adopted pursuant to that federal law; and

      (5)   adopt rules for the disposition of unclaimed child, spousal or medical
support payments.

   B. In all cases handled by the authority pursuant to the provisions of this section,
the child support enforcement division or an attorney employed by the division represent
the authority, to the exclusion of any other party, in establishing, modifying and
enforcing support obligations.

   C. An attorney employed to provide the Title 4-D services represents only the
authority's interests, and no attorney-client relationship shall exist between the attorney
and another party.
    D. The authority shall, at the time an application for child support services is made,
inform the applicant that neither the Title 4-D agency nor the attorney who provides
services under this section is the applicant's attorney and that the attorney who provides
services under this section shall not provide legal representation to the applicant.

   E. The authority may initiate an action or may intervene in an action involving child
support.

   F. The attorney employed by the authority pursuant to this section shall not act as a
guardian ad litem for the applicant.

   G. A court shall not disqualify the authority in a legal action filed pursuant to the
Support Enforcement Act of the federal Social Security Act because the authority has
previously provided services to a party whose interests are now adverse to the relief
requested.

History: 1978 Comp., § 27-2-27, enacted by Laws 1981, ch. 90, § 1; 1982, ch. 12, § 1;
1984, ch. 98, § 1; 1995, ch. 46, § 1; 2003, ch. 283, § 2; 2004, ch. 41, § 1; 2024, ch. 39,
§ 78.

                                     ANNOTATIONS

Repeals and reenactments. — Laws 1969, ch. 182, § 1 repealed 13-1-27, 1953
Comp., relating to notice to law enforcement officials of furnishing of aid to deserted or
abandoned child, and enacted a former 27-2-27 NMSA 1978.

Laws 1981, ch. 90, § 1 repealed former 27-2-27 NMSA 1978, as enacted by Laws 1969,
ch. 182, § 1, relating to duties of the department of health and social services regarding
an absent parent of a dependent child, and enacted a new 27-2-27 NMSA 1978.

Compiler's notes. — Title IV D of the federal act, referred to in the introductory
paragraph, means Title IV D of the federal Social Security Act, which appears as 42
U.S.C. § 651 et seq. See 27-2-2 NMSA 1978.

Cross references. — For state case registry of child support obligors and other
enforcement procedures, see 27-1-8 NMSA 1978 et seq.

For provision requiring welfare payments be disregarded in making award of child
support, see 40-4-11 NMSA 1978.

For child support guidelines, see 40-4-11.1 NMSA 1978.

For Mandatory Medical Support Act, see Chapter 40, Article 4C NMSA 1978.

The 2024 amendment, effective July 1, 2024, substituted the health care authority for
the human services department as the single state agency authorized to enforce child
and spousal support obligations; substituted each occurrence of "department" with
"authority" throughout the section; and in Subsection A, Paragraph A(2), after "receiving
aid" deleted "to families with dependent children" and added "from temporary assistance
for needy families" and in Paragraph A(3), after "who are receiving," deleted "aid to
families with dependent children" and added "temporary assistance for needy families".

The 2004 amendment, effective May 19, 2004, amended Subsection B to add "to the
exclusion of any other party" and added new Subsections C through G.

The 2003 amendment, effective June 20, 2003, added the Subsection A designation;
redesignated former Subsections A to D as Paragraphs A(1) to (4) and Subsection E as
present Subsection B; substituted "currently" for "presently" following "order of support"
in Paragraph A(2); and added Paragraph A(5).

The 1995 amendment, effective June 16, 1995, deleted "human services" preceding
"department" in four places; in Subsection D, substituted "provide services to" for
"represent" at the beginning of the first sentence and "For these services" for "For such
representation" at the beginning of the second sentence; and added Subsection E.

Paternity action on behalf of child past majority. — The child support enforcement
division could not bring paternity and past child support action on behalf of twenty-year-
old child; although such action could be maintained by the child under the Uniform
Parentage Act, its outcome had no bearing upon the department, and, therefore,
department had no standing. State ex rel. Salazar v. Roybal, 1998-NMCA-093, 125
N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167.

Substitution of child as real party in interest. — Where it was held that human
services department [health care authority department] was without standing to maintain
action on behalf of twenty-year-old child, child could be substituted as real party in
interest with no effect on his substantive rights, if, on remand, it was determined that the
department's error was an honest mistake. State ex rel. Salazar v. Roybal, 1998-NMCA-
093, 125 N.M. 471, 963 P.2d 548, cert. denied, 125 N.M. 322, 961 P.2d 167.

State not barred by laches in determining paternity. — Where a determination of the
paternity of a child is in the public interest, as when the state is seeking reimbursement
for payments it has made in the past, as well as future support payments for so long as
the child receives public assistance, absent proof of inexcusable neglect, the state will
not be barred by the doctrine of laches from maintaining such an action. State ex rel.
Dep't of Human Servs. v. Davis, 1982-NMSC-139, 99 N.M. 138, 654 P.2d 1038.

Law reviews. — For article, "Fathers Behind Bars: The Right to Counsel in Civil
Contempt Proceedings," see 14 N.M.L. Rev. 275 (1984).