Legal Memorandum: Receipt of evidence otherwise constituting hearsay

Issue: Under Arizona Rules of Evidence, when may an out-of-court statement be received as testimony despite constituting hearsay?

In New Mexico, the modification of child support awards is governed by statute.  Special rules apply for those child support awards that are enforced by the Title IV-D agency. 

A.        For child support cases being enforced by the human services department acting as the state’s Title IV-D child support enforcement agency as provided in Section 27-2-27 NMSA 1978, the department shall implement a process for the periodic review of child support orders that shall include:

(1)        a review of support orders every three years upon the request of either the obligor or obligee or, if there is an assignment of support rights pursuant to the Public Assistance Act [27-2-1 NMSA 1978], upon the request of the department or of either the obligor or obligee;

(2)        notification by the department of its review to the obligor and obligee; and

(3)        authorization to require financial information from the obligor and the obligee to determine whether the support obligation should be presented to the court for modification.

B.        In carrying out its duties under this section, the secretary of human services, or the secretary’s authorized representative, has the power to issue subpoenas:

(1)        to compel the attendance of the obligor or the obligee at a hearing on the child support order;

(2)        to compel production by the obligor or the obligee of financial or wage information, including federal or state tax returns;

(3)        to compel […]