0001| SENATE BILL 882 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MICHAEL S. SANCHEZ | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO DOMESTIC AFFAIRS; AMENDING SECTION 40-4-7 NMSA 1978 | 0012| (BEING LAWS 1901, CHAPTER 62, SECTION 27, AS AMENDED) TO | 0013| PROVIDE FOR CHILD SUPPORT IN CERTAIN CIRCUMSTANCES. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 40-4-7 NMSA 1978 (being Laws 1901, | 0017| Chapter 62, Section 27, as amended) is amended to read: | 0018| "40-4-7. PROCEEDINGS--SPOUSAL SUPPORT--SUPPORT OF | 0019| CHILDREN--DIVISION OF PROPERTY.-- | 0020| A. In any proceeding for the dissolution of | 0021| marriage, division of property, disposition of children or | 0022| spousal support, the court may make and enforce by attachment | 0023| or otherwise an order to restrain the use or disposition of the | 0024| property of either party or for the control of the children or | 0025| to provide for the support of either party during the pendency | 0001| of the proceeding, as in its discretion may seem just and | 0002| proper. The court may make an order, relative to the expenses | 0003| of the proceeding, as will ensure either party an efficient | 0004| preparation and presentation of his case. | 0005| B. On final hearing, the court: | 0006| (1) may allow either party such a reasonable | 0007| portion of the spouse's property or such a reasonable sum of | 0008| money to be paid by either spouse either in a single sum or in | 0009| installments, as spousal support as under the circumstances of | 0010| the case may seem just and proper, including a court award of: | 0011| (a) rehabilitative spousal support that | 0012| provides the receiving spouse with education, training, work | 0013| experience or other forms of rehabilitation that increases the | 0014| receiving spouse's ability to earn income and become self- | 0015| supporting. The court may include a specific rehabilitation | 0016| plan with its award of rehabilitative spousal support and may | 0017| condition continuation of the support upon compliance with that | 0018| plan; | 0019| (b) transitional spousal support to | 0020| supplement the income of the receiving spouse for a limited | 0021| period of time; provided that the period shall be clearly | 0022| stated in the court's final order; | 0023| (c) spousal support for an indefinite | 0024| duration; | 0025| (d) a single sum to be paid in one or | 0001| more installments that specifies definite amounts, subject only | 0002| to the death of the receiving spouse; or | 0003| (e) a single sum to be paid in one or | 0004| more installments that specifies definite amounts, not subject | 0005| to any contingencies, including the death of the receiving | 0006| spouse; | 0007| (2) may: | 0008| (a) modify and change any order in | 0009| respect to spousal support awarded pursuant to the provisions | 0010| of Subparagraph (a), (b) or (c) of Paragraph (1) of this | 0011| subsection whenever the circumstances render such change | 0012| proper; or | 0013| (b) designate spousal support awarded | 0014| pursuant to the provisions of Subparagraph (a) or (b) of | 0015| Paragraph (1) of this subsection as nonmodifiable with respect | 0016| to the amount or duration of the support payments; | 0017| (3) may set apart out of the property or | 0018| income of the respective parties such portion for the | 0019| maintenance and education of [the]: | 0020| (a) their unemancipated minor children | 0021| as may seem just and proper; [and] or | 0022| (b) their children until the children's | 0023| graduation from high school if the children are emancipated | 0024| only by age, are under nineteen and are attending high school; | 0025| and | 0001| (4) may make such an order for the | 0002| guardianship, care, custody, maintenance and education of the | 0003| minor children, or with reference to the control of the | 0004| property of the respective parties to the proceeding, or with | 0005| reference to the control of the property decreed or fund | 0006| created by the court for the maintenance and education of the | 0007| minor children, as may seem just and proper. | 0008| C. The court may order and enforce the payment of | 0009| support for the maintenance and education after high school of | 0010| emancipated children of the marriage pursuant to a written | 0011| agreement between the parties. | 0012| [C.] D. An award of spousal support made | 0013| pursuant to the provisions of Subparagraph (a), (b), (c) or (d) | 0014| of Paragraph (1) of Subsection B of this section shall | 0015| terminate upon the death of the receiving spouse, unless the | 0016| court order of spousal support provides otherwise. | 0017| [D.] E. When making determinations concerning | 0018| spousal support to be awarded pursuant to the provisions of | 0019| Paragraph (1) or (2) of Subsection B of this section, the court | 0020| shall consider: | 0021| (1) the age and health of and the means of | 0022| support for the respective spouses; | 0023| (2) the current and future earnings and the | 0024| earning capacity of the respective spouses; | 0025| (3) the good-faith efforts of the respective | 0001| spouses to maintain employment or to become self-supporting; | 0002| (4) the reasonable needs of the respective | 0003| spouses, including: | 0004| (a) the standard of living of the | 0005| respective spouses during the term of the marriage; | 0006| (b) the maintenance of medical insurance | 0007| for the respective spouses; and | 0008| (c) the appropriateness of life | 0009| insurance, including its availability and cost, insuring the | 0010| life of the person who is to pay support to secure the | 0011| payments, with any life insurance proceeds paid on the death of | 0012| the paying spouse to be in lieu of further support; | 0013| (5) the duration of the marriage; | 0014| (6) the amount of the property awarded or | 0015| confirmed to the respective spouses; | 0016| (7) the type and nature of the respective | 0017| spouses' assets; provided that potential proceeds from the sale | 0018| of property by either spouse shall not be considered by the | 0019| court, unless required by exceptional circumstances and the | 0020| need to be fair to the parties; | 0021| (8) the type and nature of the respective | 0022| spouses' liabilities; | 0023| (9) income produced by property owned by the | 0024| respective spouses; and | 0025| (10) agreements entered into by the spouses in | 0001| contemplation of the dissolution of marriage or legal | 0002| separation. | 0003| [E.] F. The court shall retain jurisdiction | 0004| over proceedings involving periodic spousal support payments | 0005| when the parties have been married for twenty years or more | 0006| prior to the dissolution of the marriage, unless the court | 0007| order or decree specifically provides that no spousal support | 0008| shall be awarded. | 0009| [F.] G. The court may modify and change any | 0010| order or agreement merged into an order in respect to the | 0011| guardianship, care, custody, maintenance or education of the | 0012| children whenever circumstances render such change proper. The | 0013| district court shall have exclusive jurisdiction of all matters | 0014| pertaining to the guardianship, care, custody, maintenance and | 0015| education of the children [so long as the children remain | 0016| minors] until the parents' obligation of support for their | 0017| children terminates. The district court shall also have | 0018| exclusive, continuing jurisdiction with reference to the | 0019| property decreed or funds created for the children's | 0020| maintenance and education." | 0021|  | 0022| | 0023| FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION, 1997 | 0025| | 0001| | 0002| March 3, 1997 | 0003| | 0004| Mr. President: | 0005| | 0006| Your JUDICIARY COMMITTEE, to whom has been referred | 0007| | 0008| SENATE BILL 882 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| __________________________________ | 0019| Fernando R. Macias, Chairman | 0020| | 0021| | 0022| | 0023| Adopted_______________________ Not | 0024| Adopted_______________________ | 0025| (Chief Clerk) (Chief Clerk) | 0001| | 0002| | 0003| | 0004| Date ________________________ | 0005| | 0006| | 0007| The roll call vote was 8 For 0 Against | 0008| Yes: 8 | 0009| No: None | 0010| Excused: 0 | 0011| Absent: None | 0012| | 0013| | 0014| S0882JU1 | 0015| State of New Mexico | 0016| House of Representatives | 0017| | 0018| FORTY-THIRD LEGISLATURE | 0019| FIRST SESSION, 1997 | 0020| | 0021| | 0022| March 15, 1997 | 0023| | 0024| | 0025| Mr. Speaker: | 0001| | 0002| Your JUDICIARY COMMITTEE, to whom has been referred | 0003| | 0004| SENATE BILL 882 | 0005| | 0006| has had it under consideration and reports same with | 0007| recommendation that it DO PASS. | 0008| | 0009| Respectfully submitted, | 0010| | 0011| | 0012| | 0013| | 0014| Thomas P. Foy, Chairman | 0015| | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 8 For 0 Against | 0024| Yes: 8 | 0025| Excused: King, Luna, Mallory, Rios, Sanchez | 0001| Absent: None | 0002| | 0003| | 0004| G:\BILLTEXT\BILLW_97\S0882 State of New Mexico | 0005| House of Representatives | 0006| | 0007| FORTY-THIRD LEGISLATURE | 0008| FIRST SESSION, 1997 | 0009| | 0010| | 0011| March 15, 1997 | 0012| | 0013| | 0014| Mr. Speaker: | 0015| | 0016| Your JUDICIARY COMMITTEE, to whom has been referred | 0017| | 0018| SENATE BILL 882 | 0019| | 0020| has had it under consideration and reports same with | 0021| recommendation that it DO PASS. | 0022| | 0023| Respectfully submitted, | 0024| | 0025| | 0001| | 0002| | 0003| Thomas P. Foy, Chairman | 0004| | 0005| | 0006| Adopted Not Adopted | 0007| | 0008| (Chief Clerk) (Chief Clerk) | 0009| | 0010| Date | 0011| | 0012| The roll call vote was 8 For 0 Against | 0013| Yes: 8 | 0014| Excused: King, Luna, Mallory, Rios, Sanchez | 0015| Absent: None | 0016| | 0017| | 0018| G:\BILLTEXT\BILLW_97\S0882 |