On the petition of either party to a marriage, a district court may decree a dissolution of marriage on any of the following grounds: A. incompatibility; B. cruel and inhuman treatment; C. adultery; or D. abandonment. History: 1953 Comp., § 22-7-1, enacted by Laws 1973, ch. 319, § 1. ANNOTATIONS Cross references. — For annulment, […]
After service of summons and copy of petition on any insane spouse and on the guardian of his or her estate, the court shall appoint an attorney at law as guardian ad litem to appear for and represent the insane spouse. History: Laws 1933, ch. 27, § 2; 1941 Comp., § 25-711; 1953 Comp., § […]
In any proceeding before a court in which the court has the duty or authority to determine liability of a parent for the support of minor children or the amount of that support, the court: A. shall make a specific determination and finding of the amount of support to be paid by a parent to […]
In any proceeding before a court in which the court has the duty or authority to determine liability of a parent for the support of minor children or the amount of that support, the court: A. shall make a specific determination and finding of the amount of support to be paid by a parent in […]
A. In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support. Every decree or judgment or stipulation of child support that deviates from the […]
Any deviation from the child support guideline amounts set forth in Section 40-4-11.1 NMSA 1978 shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate. A finding that rebuts the child support guidelines shall state the amount of support […]
A. There is created the “child support guidelines review commission”, which is administratively attached to the human services department. The commission shall consist of seven members who shall be appointed by the secretary of human services. The commission shall be organized once every four years for a term not to exceed thirty days. The commission […]
A. A court may modify a child support obligation upon a showing of material and substantial changes in circumstances subsequent to the adjudication of the pre-existing order, including the health care needs of a child, to include the availability of health care coverage. There shall be a presumption of material and substantial changes in circumstances […]
A. For child support cases being enforced by the human services department acting as the state’s Title IV-D child support enforcement agency as provided in Section 27-2-27 NMSA 1978, the department shall implement a process for the periodic review of child support orders that shall include: (1) a review of support orders every three years […]
A completed child support obligation guideline worksheet shall be attached to all orders that establish or modify child support. The completed worksheet shall be signed by the obligor and obligee or their attorneys. The completed worksheet shall be incorporated as part of the child support order. The worksheet shall also be attached to the child […]
In proceedings for the dissolution of marriage, separation or support between husband and wife, the court may make an allowance to either spouse of the other spouse’s separate property as alimony and the decree making the allowance shall have the force and effect of vesting the title of the property so allowed in the recipient. […]
A. The decree making the allowance for spousal support to either spouse shall be a lien on the real estate of the obligor spouse 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 is situated. B. The […]
In proceedings for the dissolution of marriage, separation or support between husband and wife, the court may make an allowance of certain property or properties of either party or of both parties for the maintenance, education and support of the minor children of the parties, and may vest title to the part of the 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 […]
The liens created by this act [40-4-12 to 40-4-19 NMSA 1978] may be satisfied by execution or may be foreclosed under the same procedure as is now allowed for the foreclosure of judgment liens. History: 1941 Comp., § 25-720, enacted by Laws 1947, ch. 16, § 5; 1953 Comp., § 22-7-17. ANNOTATIONS Cross references. — […]
The district court upon motion made in the cause wherein the decree was rendered may remove the liens created by this act [40-4-12 to 40-4-19 NMSA 1978] upon notice and upon good cause shown from any or all of the real estate, subject to such lien; and the judge, in his discretion, upon the removal […]
All liens created by a decree rendered under Sections 28 and 29 of Chapter 62, Laws of 1901, (Sections 25-707 and 25-708, New Mexico Statutes, 1941, Annotated) against any property of a person shall be of no force and effect against any of said property after six months from the effective date of this act. […]
Nothing in Sections 40-4-12 through 40-4-19 NMSA 1978 shall prevent a person or persons entitled to benefits of any decree for alimony or support from enforcing the decree by attachment, garnishment, execution or contempt proceedings as is now provided by statute, except that the filing of an affidavit that the defendant has no property within […]
ANNOTATIONS Repeals. — Laws 1985, ch. 105, § 21 repealed 40-4-19.1 and 40-4-19.2 NMSA 1978, as amended and enacted by Laws 1983, ch. 77, §§ 1 and 2, respectively, relating to wage deduction proceedings, effective June 14, 1985. For present comparable provisions, see Chapter 40, Article 4A NMSA 1978.
Incompatibility exists when, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation. History: 1953 Comp., § 22-7-1.1, enacted by Laws 1973, ch. 319, § 2. ANNOTATIONS Divorce must be decreed where incompatibility exists. — The legislature, acting properly within its powers, has […]
