N.M. Stat. » Chapter 40 — Domestic Affairs
New Mexico Statutes

N.M. Stat. § 40-4B-9 (2026)

Review and appeal

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Within thirty days after the hearing officer's decision becomes final pursuant to Section 8 [40-4B-8 NMSA 1978] of the Child Support Hearing Officer Act, an applicant or recipient may file a notice of appeal in the same manner as that of an appeal from a district court decision pursuant to the Rules of Appellate Procedure.

History: Laws 1988, ch. 127, § 9.

ANNOTATIONS

Cross references. — For the Rules of Appellate Procedure, see Rule 12-101 NMRA et seq.

Law reviews. — For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2006).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2024 · leading case: Buffington v. McGorty, 2004-NMCA-092, 96 P.3d 787.
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Buffington v. McGorty, 2004-NMCA-092, 96 P.3d 787. · cites it 2× “Mother’s argument relies on Section 40-4B-9 which states that a notice of appeal is to be filed within thirty days after the hearing officer’s decision becomes final.”
Burke v. McCargar (N.M. Ct. App. 2024). · cites it 2× “” NMSA 1978, § 40-4B-9 (1988). Here, Father filed objections to the hearing officer’s report on January 7, 2023, and Mother filed objections on January 9, 2023— both within the time allowed by statute.”
State ex rel. Human Servs. Dep't v. Barela, 873 P.2d 272 (N.M. Ct. App. 1994). · cites it 2× “Mother now appeals to this Court, see NMSA 1978, § 40-4B-9 (Repl.Pamp.1989), and makes three basic arguments: (1) that the hearing officer erred in making her responsible for repayment of the entire amount already spent by the State to support her children, (2) that the hearing…”
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