CHILDREN'S CODE PROCEEDING FILING FEES

SB0302

SENATE BILL 302

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Shannon D. Pinto
and
Antoinette Sedillo Lopez

and
Linda M. López

AN ACT

RELATING TO CHILDREN; PROVIDING FOR THE PAYMENT OF FILING FEES
BY A CHILD,
THE FAMILY OF A CHILD OR A PERSON FILING ON BEHALF
OF A CHILD IN ANY PROCEEDING UNDER THE CHILDREN'S CODE.

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

SECTION 1.
Section 32A-1-19 NMSA 1978 (being Laws 1993,
Chapter 77, Section 28, as amended) is amended to read:

"32A-1-19. COURT COSTS AND EXPENSES.--

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;
and

(4) the expenses of filing fees by a child,
the family of a child or a person filing on behalf of a child
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 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."

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