2021 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4B - Child Support Hearing Officers
Section 40-4B-5 - Reference.

Universal Citation: NM Stat § 40-4B-5 (2021)

Actions covered under the Child Support Hearing Officer Act include but are not limited to petitions to establish support obligations, petitions to enforce court orders establishing support obligations, petitions to recover unpaid child support arrearages and post-judgment interest, actions pursuant to the Support Enforcement Act [40-4A-1 to 40-4A-16 NMSA 1978], actions brought to modify existing support obligations, actions to establish parentage and actions under the Revised Uniform Reciprocal Enforcement of Support Act [Uniform Interstate Family Support Act, Chapter 40, Article 6A NMSA 1978]; provided the Child Support Hearing Officer Act does not apply to proceedings for the establishment of custody. The presiding judge or his designee shall refer only matters concerning the establishment and enforcement of support obligations to a child support hearing officer in all of those proceedings in which:

A. the department as the state's Title IV D agency is acting as the enforcing party pursuant to an assignment of support rights under Section 27-2-27 NMSA 1978;

B. the department, pursuant to Section 27-2-27 NMSA 1978, is acting as the representative of a custodial parent who is not receiving aid to families with dependent children; and

C. the department is the enforcing Title IV D party pursuant to a written request for enforcement of a support obligation received from an agency in another state responsible for administering that state's federal Title IV D program.

History: Laws 1988, ch. 127, § 5; 1993, ch. 124, § 2.


Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1994, ch. 107, § 904 repealed the Revised Uniform Reciprocal Enforcement of Support Act, 40-6-1 to 40-6-41 NMSA 1978, effective July 1, 1995.

Compiler's notes. — The phrase "Title IV D program" refers to a state program adopted pursuant to 42 U.S.C. § 651 et seq.

The 1993 amendment, effective June 18, 1993, in the introductory paragraph, inserted "actions to establish parentage and actions under the Revised Uniform Reciprocal Enforcement of Support Act" and made minor stylistic changes.

Limitation of reference. — A reference to a hearing officer under the Child Support Hearing Officer Act is limited to cases involving child support enforcement through the child support enforcement bureau of the human services department. Buffington v. McGorty, 2004-NMCA-092, 136 N.M. 226, 96 P.3d 787.

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