Section 45-5-103 - Facility of payment or delivery. - New Mexico Statutes

45-5-103. Facility of payment or delivery.

A.     Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding five thousand dollars ($5,000) per annum, by paying or delivering the money or property to:   

(1)     the minor, if he is married;   

(2)     any person having the care and custody of the minor with whom the minor resides;   

(3)     a guardian of the minor; or   

(4)     a financial institution for deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.   

B.     This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. The persons, other than the minor or any financial institution under Paragraph (4) of Subsection A of this section, receiving money or property for a minor, are obligated to apply the money to the support and education of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums shall be preserved for future support of the minor and any balance not so used and any property received for the minor must be turned over to the minor when he attains majority. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application of such payments.