N.M. Stat. § 40-6A-708
Recognition and enforcement of registered convention
support order.
A. Except as otherwise provided in Subsection B of this section, a tribunal of this
state shall recognize and enforce a registered convention support order.
B. The following grounds are the only grounds on which a tribunal of this state may
refuse recognition and enforcement of a registered convention support order:
(1)
recognition and enforcement of the order is manifestly incompatible with
public policy, including the failure of the issuing tribunal to observe minimum standards
of due process, which include notice and an opportunity to be heard;
(2)
the issuing tribunal lacked personal jurisdiction consistent with the
requirements of Section 40-6A-201 NMSA 1978 if those requirements were applied to
the foreign country where the tribunal is located;
(3)
the order is not enforceable in the issuing foreign country;
(4)
the order was obtained by fraud in connection with a matter of procedure;
(5)
a record transmitted in accordance with Section 40-6A-706 NMSA 1978
lacks authenticity or integrity;
(6)
a proceeding between the same parties and having the same purpose is
pending before a tribunal of this state and that proceeding was the first to be filed;
(7)
the order is incompatible with a more recent support order involving the
same parties and having the same purpose if the more recent support order is entitled
to recognition and enforcement pursuant to Sections 40-6A-701 through 40-6A-713
NMSA 1978 in this state;
(8)
payment, to the extent alleged arrears have been paid in whole or in part;
(9)
in a case in which the respondent neither appeared nor was represented
in the proceeding in the issuing foreign country:
(a) if the law of that country provides for prior notice of proceedings, the
respondent did not have proper notice of the proceedings and an opportunity to be
heard; or
(b) if the law of that country does not provide for prior notice of the
proceedings, the respondent did not have proper notice of the order and an opportunity
to be heard in a challenge or appeal on fact or law before a tribunal; or
(10)
the order was made in violation of Section 40-6A-711 NMSA 1978.
C. If a tribunal of this state does not recognize a convention support order pursuant
to Paragraph (2), (4), (6) or (9) of Subsection B of this section:
(1)
the tribunal may not dismiss the proceeding without allowing a reasonable
time for a party to request the establishment of a new convention support order; and
(2)
the human services department [health care authority department] of this
state shall take all appropriate measures to request a child-support order for the obligee
if the application for recognition and enforcement was received pursuant to Section 40-
6A-704 NMSA 1978.