2018 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4 - Dissolution of Marriage
Section 40-4-15 - Child support to constitute lien on real and personal property.
A. In case a sum of money is allowed to the children by the decree for the support, education or maintenance of the children, the decree shall become a lien on the real and personal property of the obligor party from the date of filing of a notice of order or decree in the office of the county clerk of each county where any of the property may be situated.
B. The notice of order or decree shall contain:
(1) the caption of the case from which the duty of child support arose, including the state, county and court in which the case was heard, the case number and the names of the parties when the case was heard;
(2) the date of entry of the judgment, order or decree from which the duty of child support arose;
(3) the current names and years of birth of the parties; and
(4) each party's last known address, unless ordered otherwise in the judgment, order or decree from which the duty of child support arose.
C. The notice shall be executed and acknowledged in the same manner as a grant of land is executed and acknowledged.
D. A copy of the recorded notice shall be sent to the obligor spouse at the obligor's last known address.
History: 1941 Comp., § 25-719, enacted by Laws 1947, ch. 16, § 4; 1953 Comp., § 22-7-16; Laws 1985, ch. 105, § 15; 1993, ch. 111, § 2; 2011, ch. 134, § 17.
The 2011 amendment, effective July 1, 2011, eliminated the requirement that an order contain the social security numbers of the parties and the month and day of their births.
The 1993 amendment, effective July 1, 1993, substituted "Child support" for "Money allowance to children" in the catchline, designated the existing provisions as Subsection A, substituted "obligor party" for "party who must furnish the child support" and "of a notice of order or" for "for record a certified copy of the" in Subsection A, and added Subsections B through D.
When lien perfected. — Once the decree is duly filed, a perfected and protected statutory lien arises. Lekvold v. Henderson, 18 Bankr. 663 (Bankr. D.N.M. 1982).
Claim for child support may be prosecuted against deceased father's estate. — Where a father has been ordered by a court of competent jurisdiction to make child support payments until his child reaches majority in accord with a stipulation made by parents and present in decree, and thereafter the father dies while the child is yet a minor, a claim may be successfully prosecuted in the probate court against the estate of the father to enforce the payment. Hill v. Matthews, 1966-NMSC-127, 76 N.M. 474, 416 P.2d 144.
Exemptions unavailable. — Statutory exemptions for debtors in foreclosure actions set forth in 42-10-1 NMSA 1978 et seq. are unavailable to a parent as against a lien for child support obligations under this section. D'Avignon v. Graham, 1991-NMCA-125, 113 N.M. 129, 823 P.2d 929.
Law reviews. — For comment on Hill v. Matthews, 76 N.M. 474, 416 P.2d 144 (1966), see 7 Nat. Resources J. 129 (1967).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Decree for periodical payments for support of children as lien or subject of declaration of lien, 59 A.L.R.2d 656.
Child support: court's authority to reinstitute parent's support obligation after terms of prior decree have been fulfilled, 48 A.L.R.4th 952.
