N.M. Stat. § 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.