N.M. Stat. § 40-6A-802
Conditions of rendition.
A. Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of an
obligee, the governor of this state may require a prosecutor of this state to demonstrate
that at least sixty days previously the obligee had initiated proceedings for support
pursuant to the Uniform Interstate Family Support Act or that the proceeding would be
of no avail.
B. If, under the Uniform Interstate Family Support Act or a law substantially similar
to that act, the governor of another state makes a demand that the governor of this state
surrender an individual charged criminally in that state with having failed to provide for
the support of a child or other individual to whom a duty of support is owed, the
governor may require a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the governor may delay
honoring the demand for a reasonable time to permit the initiation of a proceeding.
C. If a proceeding for support has been initiated and the individual whose rendition
is demanded prevails, the governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is subject to a support order,
the governor may decline to honor the demand if the individual is complying with the
support order.