N.M. Stat. § 40-6A-313

Current through 2024, ch. 69
Section 40-6A-313 - Costs and fees
A. The petitioner may not be required to pay a filing fee or other costs.
B. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
C. The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding pursuant to Sections 40-6A-601 through 40-6A-616 NMSA 1978, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

NMS § 40-6A-313

Laws 1994, ch. 107, § 313; 2005, ch. 166, § 24; 2011, ch. 159, § 24.
Amended by 2011, c. 159,s. 24, eff. the later of the date that the United States deposits the instrument of ratification for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance with the Hague conference on private international law or 1/1/2012