HOUSE BILL 600

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Rhonda S. King

AN ACT

RELATING TO DOMESTIC AFFAIRS; REQUIRING ALL JUDICIAL DISTRICTS TO ESTABLISH A DOMESTIC RELATIONS MEDIATION PROGRAM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 40-12-5 NMSA 1978 (being Laws 1987, Chapter 153, Section 5) is amended to read:

     "40-12-5. DOMESTIC RELATIONS MEDIATION PROGRAM.--

          A. A judicial district [may] shall establish a domestic relations mediation program by court rule approved by the supreme court. The district court [may] shall employ or contract with a counselor to provide consultations, evaluations and mediation in domestic relations cases involving children.

          B. Parents may request of the court the services of the domestic relations mediation program for consultations, [evaluation] evaluations or mediation. Parents shall enter the program when ordered to do so by the court.

          C. Parents shall pay the cost of the domestic relations mediation program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay for the specific service rendered by the counselor. The fees shall be paid to the district court to be credited to the fund."

     SECTION 2. Section 40-12-6 NMSA 1978 (being Laws 1987, Chapter 153, Section 6) is amended to read:

     "40-12-6. DOMESTIC RELATIONS MEDIATION FEES--DISTRICT COURT CLERK TO COLLECT.--In addition to fees collected pursuant to Section 34-6-40 NMSA 1978 for the docketing of civil cases, [in any judicial district which has established a domestic relations mediation program] the district court clerk shall collect a surcharge of thirty dollars ($30.00) on all new and reopened domestic relations cases."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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