Section 40-4A-13 - Expedited process. - New Mexico Statutes

40-4A-13. Expedited process.

A.     Any action for enforcement, establishment or modification of a child support obligation shall be given priority in scheduling for hearing. A hearing or trial shall be scheduled before the court or an authorized quasi-judicial officer within sixty days of the filing of the request for hearing; provided, however, a petition to stay service shall be resolved in accordance with Subsection A of Section 9 [40-4A-9 NMSA 1978] of the Support Enforcement Act.   

B.     The powers of an authorized quasi-judicial officer shall include at a minimum:   

(1)     authority to take testimony and establish a record;   

(2)     authority to evaluate evidence and make initial decisions and recommendations; and   

(3)     authority to accept voluntary acknowledgement of support liability and to approve stipulated agreements to pay support.   

C.     If a party seeks to invoke the contempt powers of the court, the matter shall not be delegated to an authorized quasi-judicial officer.   

D.     Failure to meet the time requirements shall not constitute a defense to the action for support.