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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Lujan

 

DATE TYPED:

03/07/03

 

HB

HJM105

 

SHORT TITLE:

Child Support Claims Statute of Limitations

 

SB

 

 

 

ANALYST:

Weber

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

NFI

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Human Services Department

 

SUMMARY

 

     Synopsis of Bill

 

House Joint Memorial 105 states that:

 

  1. state law currently allows claims for child support to be filed at any time, which is necessary to ensure that unidentified non-custodial parents who cannot be located meet their financial obligations;
  2. sometimes even when the identity of the non-custodial parent is known claim for support may not be made in a timely fashion;
  3. child support claims should be made in a timely fashion so children are afforded the maximum possible child support; and
  4. it may be beneficial to consider a statute of limitations for filing child support claims when the non-custodial parent’s identity, and location, are known as long as such statute balances the financial needs and rights of the child.

 

Therefore, the New Mexico Legislature is requested to direct the appropriate interim legislative committee to study and make recommendations, if any, regarding the enactment of a statute of limitations on filing for certain child support claims.

 

     Significant Issues

 

The Human Services Department notes the concerns addressed in the memorial were covered by the legislature in 2001 in NMSA 1978 Sec. 40-11-15.C.(1) and (2).  There is also an existing statute of limitations on judgments. (See NMSA 1978 Sec. 37‑1‑2. Judgments.)

 

MW/njw