New Mexico Statutes
N.M. Stat. § 40-4-17 (2026)
[Motion to remove lien; bond for alimony or support
✓ current as of May 2026
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payments.]
The district court upon motion made in the cause wherein the decree was rendered
may remove the liens created by this act [40-4-12 to 40-4-19 NMSA 1978] upon notice
and upon good cause shown from any or all of the real estate, subject to such lien; and
the judge, in his discretion, upon the removal of such lien, may require bond for the
faithful performance of the payment of alimony or support money in accordance with the
decree.
History: 1941 Comp., § 25-722, enacted by Laws 1947, ch. 16, § 7; 1953 Comp., § 22-
7-19.
ANNOTATIONS
Law reviews. — For annual survey of domestic relations law in New Mexico, see 18
N.M.L. Rev. 371 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Laches or acquiescence as defense so
as to bar recovery of arrearages of permanent alimony or child support, 5 A.L.R.4th
1015.Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1969–2022 · leading case: D'Avignon v. Graham, 823 P.2d 929 (N.M. Ct. App. 1991).
D'Avignon v. Graham, 823 P.2d 929 (N.M. Ct. App. 1991). “Additionally, under Section 40-4-17, a lien on real estate arising out of 40-4-15 may be lifted for good cause shown.”
State v. Torres, 521 P.3d 77 (N.M. 2022). “…Art. XX, §§ 1613-14; NMSA 1929, Ch. 35, Art. 24, §§ 35-2405 to -2406; NMSA 1941, Ch. 41, Art. 4, §§ 41-419 to - 420; NMSA 1953, §§ 40-4-17 to -18 (repealed 1963); NMSA 1953, § 40A-16-1 (1963) (Vol. 6, Repl. 1964) (“Whoever commits larceny when the thing of value stolen is…”
State v. Pacheco, 463 P.2d 521 (N.M. Ct. App. 1969). “303, Laws 1963, provision had always been made for the punishment of larceny of livestock in a section of our statutes separate from those sections providing the punishments for other larcenies.”
State v. Torres (N.M. 2022). “14 {27} The livestock larceny statute was amended to its present form in 1963, with 15 the most notable changes being the substitution of the word livestock for the former 16 statutory listings of the “animal or animals,” NMSA 1953, §§ 40-4-17, -18, and the 17 incorporation of…”
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