Section 40-6A-701 - Definitions.

NM Stat § 40-6A-701 (2019) (N/A)
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History: Laws 1994, ch. 107, § 701; 2005, ch. 166, § 44; repealed and reenacted by Laws 2011, ch. 159, § 53.

As used in Sections 40-6A-701 through 40-6A-713 NMSA 1978:

A. "application" means a request pursuant to the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;

B. "central authority" means the entity designated by the United States or a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;

C. "convention child-support order" means a child-support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;

D. "convention support order" means a support order of a tribunal of a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978;

E. "direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States;

F. "foreign central authority" means the entity designated by a foreign country described in Paragraph (4) of Subsection E of Section 40-6A-102 NMSA 1978 to perform the functions specified in the convention;

G. "foreign support agreement":

(1) means an agreement for support in a record that:

(a) is enforceable as a support order in the country of origin;

(b) has been: 1) formally drawn up or registered as an authentic instrument by a foreign tribunal; or 2) authenticated by or concluded, registered or filed with a foreign tribunal; and

(c) may be reviewed and modified by a foreign tribunal; and

(2) includes a maintenance arrangement or authentic instrument pursuant to the convention; and

H. "United States central authority" means the secretary of the United States department of health and human services.

History: § 40-6A-701 NMSA 1978 repealed and reenacted by Laws 2011, ch. 159, § 53.

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 — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch.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.

Repeals and reenactments. — Laws 2011, ch. 159, § 53 repealed former 40-6A-701 NMSA 1978, as enacted by Laws 1994, ch. 107, § 701, and enacted a new 40-6A-701 NMSA 1978.