US Laws, Codes, Statutes & Cases

40-11-11. Pre-trial recommendations.

A.     On the basis of the information produced at the pretrial hearing, the judge, hearing officer or master conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial.  On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the parties. Based upon the evaluation, the judge, hearing officer or master may enter an order for temporary support consistent with the child support guidelines as provided in Section 40-4-11.1 NMSA 1978.   

B.     If the parties accept a recommendation made in accordance with Subsection A of this section, judgment shall be entered accordingly.   

C.     If a party refuses to accept a recommendation made in accordance with Subsection A of this section and blood tests have not been taken, the court shall require the parties to submit to blood tests, if practicable. Thereafter, the judge or master shall make an appropriate final recommendation. If a party refuses to accept the final recommendation, the action shall be set for trial and a party's acceptance or rejection of the recommendation shall be treated as any other offer of settlement with respect to its admissibility as evidence in subsequent proceedings.   

D.     The child's guardian may accept or refuse to accept a recommendation under this section.   

E.     The informal hearing may be terminated and the action set for trial if the judge or master conducting the hearing finds it unlikely that all parties would accept a recommendation he might make under Subsection A or C of this section.