New Mexico Statutes 40-11A-636. Order adjudicating parentage
A. The district court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
Terms Used In New Mexico Statutes 40-11A-636
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
B. An order adjudicating parentage shall identify the child by name and date of birth.
C. Except as otherwise provided in Subsection D of this section, the district court may assess filing fees, reasonable fees of counsel, experts and the child’s guardian ad litem, fees for genetic testing, other costs and necessary travel and other reasonable expenses incurred in a proceeding pursuant to this article. The district court may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name. The district court may order these fees, costs and expenses to be paid by any party in proportions and at times as determined by the court, but not exceeding three years from the date of the filing of the action unless there is a substantial showing that paternity could not have been established and an action for child support could not have been brought within three years of the child’s birth. The court may order the proportion of any indigent party to be paid from court funds.
D. The district court shall not assess fees, costs or expenses against the support- enforcement agency of this state or another state, except as provided by other law.
E. On request of a party and for good cause shown, the district court may order that the name of the child be changed.
F. If the order of the district court is at variance with the child’s birth certificate, the district court shall order the bureau to issue an amended birth certificate.
G. The judgment or order may contain any other provision directed against or on behalf of the appropriate party to the proceeding concerning the duty of past and future support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment or any other matter within the jurisdiction of the court. The judgment or order may direct the father to pay the reasonable expenses of the mother’s pregnancy, birth and confinement. The court shall order child support retroactive to the date of the child’s birth, but not to exceed three years unless there is a substantial showing that paternity could not have been established and an action for child support could not have been brought within three years of the child’s birth pursuant to the provisions of Sections 40-4-11 through 40-4- 11.3 NMSA 1978; provided that, in deciding whether or how long to order retroactive support, the court shall consider:
(1) whether the alleged or presumed father has absconded or could not be located; and
(2) whether equitable defenses are applicable.
H. Support judgments or orders ordinarily shall be for periodic payments, which may vary in amount. In the best interest of the child, a lump-sum payment or the purchase of an annuity may be ordered in lieu of periodic payments of support; provided, however, nothing in this section shall deprive a state agency of its right to reimbursement from an appropriate party should the child be a past or future recipient of public assistance.
I. In determining the amount to be paid by a parent for support of the child, a court, child support hearing officer or master shall make such determination in accordance with the provisions of the child support guidelines pursuant to Section 40-4-11.1 N.M. Stat. Ann..