New Mexico Statutes

N.M. Stat. § 40-6A-301 (2026)

Proceedings under the Uniform Interstate Family

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Support Act. A. Except as otherwise provided in the Uniform Interstate Family Support Act, Sections 40-6A-301 through 40-6A-319 NMSA 1978 apply to all proceedings pursuant to that act.

B. An individual petitioner or a support enforcement agency may initiate a proceeding authorized pursuant to the Uniform Interstate Family Support Act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.

History: Laws 1994, ch. 107, § 301; 2005, ch. 166, § 13; 2011, ch. 159, § 15.

ANNOTATIONS

Cross references. — For service of process outside this state, see Paragraph M of Rule 1-004 NMRA.

For depositions within this state in an action pending in another state, see Paragraph B(6) of Rule 1-045 NMRA. Compiler’s notes. — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70, see compiler’s note to 40-6A-100 NMSA 1978.

The 2011 amendment, effective May 18, 2016, included tribunals of foreign countries within the scope of Subsection B.

The 2005 amendment, effective June 17, 2005, changed the reference in Subsection (a) from "this article" to "Sections 40-6A-301 through 40-6A-319 NMSA 1978"; and deleted former Subsection (b) which listed the proceeding that were provided in the Uniform Interstate Family Support Act.

Notes of Decisions
Cited in 3 cases, 2001–2010 · leading case: Harbison v. Johnston, 2001-NMCA-051, 28 P.3d 1136.
Harbison v. Johnston, 2001-NMCA-051, 28 P.3d 1136. · cites it 2× “NMSA 1978, § 40-6A-301(b) (1994). The standards under each act are different and assign jurisdiction independently.”
State Ex Rel. Human Servs. Dep't v. Jackson, 2007-NMCA-061, 159 P.3d 1132. · cites it 10× “Sections 40-6A-301, -305. A tribunal is “a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.”
Alexander v. Tharp, No. 28,555 (N.M. Ct. App. Apr. 26, 2010). “See § 40-6A-301(b) 12 (authorizing a petitioner to initiate a UIFSA proceeding by filing a petition); § 40-6A- 13 501 (providing that “[a]n income-withholding order issued in another state may be 14 sent by or on behalf of the obligee, or by the support enforcement agency to the…”
N.M. Stat. § 40-6A-301(b): 3 cases
Harbison v. Johnston, 2001-NMCA-051, 28 P.3d 1136. “NMSA 1978, § 40-6A-301(b) (1994). The standards under each act are different and assign jurisdiction independently.”
State Ex Rel. Human Servs. Dep't v. Jackson, 2007-NMCA-061, 159 P.3d 1132. “Sections 40-6A-301, -305. A tribunal is “a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.”
Alexander v. Tharp, No. 28,555 (N.M. Ct. App. Apr. 26, 2010). “See § 40-6A-301(b) 12 (authorizing a petitioner to initiate a UIFSA proceeding by filing a petition); § 40-6A- 13 501 (providing that “[a]n income-withholding order issued in another state may be 14 sent by or on behalf of the obligee, or by the support enforcement agency to the…”
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