Section 40-4B-1 – Short title.
Sections 1 through 10 [40-4B-1 to 40-4B-10 NMSA 1978] of this act may be cited as the “Child Support Hearing Officer Act”. History: Laws 1988, ch. 127, § 1.
Section 40-4B-10 – Child support standards and guidelines.
In establishing any support obligations pursuant to the Child Support Hearing Officer Act, the child support hearing officer shall be governed by the child support standards and guidelines set out by the New Mexico supreme court, by New Mexico statutes or by the secretary. History: Laws 1988, ch. 127, § 10.
Section 40-4B-2 – Purpose.
The purpose of the Child Support Hearing Officer Act is to provide the personnel and procedures necessary to insure prompt and full payment by obligated parties of child support obligations for their dependent children and, where applicable, attendant spousal support obligations. It is further the purpose of the Child Support Hearing Officer Act to insure […]
Section 40-4B-3 – Definitions.
As used in the Child Support Hearing Officer Act: A. “department” means the child support enforcement bureau of the human services department; and B. “secretary” means the secretary of human services. History: Laws 1988, ch. 127, § 3.
Section 40-4B-4 – Child support hearing officers; appointment; terms; qualifications; compensation.
A. Child support hearing officers shall be appointed by and serve at the pleasure of the judges of the judicial districts determined pursuant to Subsection D of this section. Each hearing officer shall be selected by a majority of the district court judges in the judicial district to which he is assigned. The child support […]
Section 40-4B-5 – Reference.
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 […]
Section 40-4B-6 – Hearings; powers of child support hearing officers.
A. Child support hearing officers have the adjudicatory powers possessed by district courts under the Support Enforcement Act [40-4A-1 to 40-4A-16 NMSA 1978], the Revised Uniform Reciprocal Enforcement of Support Act [Uniform Interstate Family Support Act, 40-6A-1 NMSA 1978] and any other law allowing the enforcement and establishment of support obligations by the state Title […]
Section 40-4B-7 – Proceedings.
A. When a reference is made, the clerk of the court shall furnish the hearing officer with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the hearing officer shall proceed in lieu of the district court in accordance with the Rules of Civil Procedure. B. The […]
Section 40-4B-8 – Report.
A. The child support hearing officer shall prepare a report with a decision upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, shall set them forth in the report. He shall file the report with the clerk of the court and […]
Section 40-4B-9 – Review and appeal.
Within thirty days after the hearing officer’s decision becomes final pursuant to Section 8 [40-4B-8 NMSA 1978] of the Child Support Hearing Officer Act, an applicant or recipient may file a notice of appeal in the same manner as that of an appeal from a district court decision pursuant to the Rules of Appellate Procedure. […]