32A-1-19. Court costs and expenses.

348 words·~2 min read·/nm/chapter-32a-children-s-code/article-1-general-provisions/32a-1-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The following expenses shall be a charge upon the funds of the court upon their certification by the court:

(1)reasonable compensation for services and related expenses for counsel appointed by the court;

(2)reasonable compensation for services and related expenses of a guardian ad litem or a child's attorney appointed by the court; and

(3)the expenses of service of summonses, notices, subpoenas, traveling expenses of witnesses and other like expenses incurred in any proceeding under the Children's Code.

B. A child, the family of a child or a person legally obligated to care for and support a child who is subject to the provisions of the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] shall not be required to pay any court costs, expenses pursuant to Subsection A of this section, fees or fines.

C. Whenever legal custody of an adjudicated child is vested in someone other than the child's parents, including an agency, institution or department of this state, if the court, after notice to the parents or other persons legally obligated to support the child and after a hearing, finds that the parents or other legally obligated persons are financially able to pay all or part of the costs and expenses of the support and treatment, the court may order the parents or other legally obligated persons to pay to the custodian in the manner the court directs a reasonable sum that will cover all or part of the expenses of the support and treatment of the child subsequent to the entry of the custody order.

The court may use the child support guidelines set forth in Section 40-4- 11.1 NMSA 1978 to calculate a reasonable payment. If the parents or other legally obligated persons willfully fail or refuse to pay the sum ordered, the court may proceed with contempt charges and the order for payment may be filed and if filed shall have the effect of a civil judgment.

History: 1978 Comp., § 32A-1-19, enacted by Laws 1993, ch. 77, § 28; 2005, ch. 189, § 9; 2021, ch. 15, § 3.