What is New Mexico's version of a motion for contempt?

New Mexico's statewide form is called a Motion to Enforce Order, Form 4A-209 NMRA, filed in district court in the same case as the order being enforced. The form asks the court to enforce the order and grant other necessary relief; it does not use the word contempt, though the remedy behind it is still civil contempt under the court's inherent contempt power.

Is Form 4A-209 required to file a New Mexico enforcement motion?

No. New Mexico district courts must accept Form 4A-209 when it is filed, but a self-represented party or attorney is not required to use it. A Request for Hearing, Form 4A-206 NMRA, and a Notice of Hearing, Form 4A-207 NMRA, must also be filed to get a hearing date.

Does New Mexico require personal service for an enforcement or contempt motion?

No. Form 4A-209 can be served on the other party by United States mail, hand delivery, or fax, and the filer swears under penalty of perjury to which method was used. Personal service by a sheriff or process server is not required, which differs from states that require in-person service before a contempt hearing can lead to jail.

How much notice does a New Mexico enforcement hearing require?

No New Mexico statute or rule sets a fixed number of days of notice before the hearing itself; the court sets the hearing date after the Request for Hearing is filed. A written response to the motion is generally due within 15 days after service under Rule 1-007.1(D) NMRA, which governs the response deadline rather than the notice period before the hearing.

Can a New Mexico court jail someone for violating a family court order?

It can, but only after a hearing where the court finds a valid order and a knowing violation, and jail is never automatic. New Mexico has no statutory cap on jail time for family-court contempt; the district court's power comes from its inherent contempt authority, and a contemnor may be given a chance to purge the contempt by complying before any jail sentence takes effect.

What defense can stop a New Mexico contempt finding?

An inability to pay. New Mexico case law recognizes this defense, and in alimony and child support cases places the burden of proving it on the person who raises it, not on the filer. The filer must still show the order was violated knowingly.

Why should a New Mexico parent not withhold child support because the other parent denied parenting time?

Because withholding court-ordered support because parenting time was denied, or denying parenting time because support is unpaid, is not a lawful response on its own and can itself become the basis for a contempt finding against the parent who does it. Each issue should be raised with the court separately.

Is there a faster way to collect unpaid child support in New Mexico than filing to enforce the order?

New Mexico's Child Support Services Division may use wage garnishment, license suspension, and tax refund or lottery intercepts before resorting to court contempt. Income withholding also begins automatically once a delinquency equal to one month's support accrues, capped at 50% of the obligor's income.

Can a New Mexico enforcement motion also change custody or the support amount?

No. A Motion to Enforce Order addresses only whether the existing order was violated. Changing the support amount or the custody or parenting-time schedule requires a separate modification request.

What if there is domestic violence in a New Mexico enforcement case?

A current safety risk should be addressed through New Mexico's restraining order process rather than by confronting the other party directly or waiting for an enforcement hearing.

New Mexico Motion for Contempt

New Mexico's statewide form asks the court to enforce the order, not to jail anyone, and it can be served by mail or fax instead of in person.

Find out where you stand in New Mexico

What court order is not being followed?

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Introduction

New Mexico's statewide domestic relations form for enforcing a family court order is Form 4A-209 NMRA, titled Motion to Enforce Order, filed in district court, the only trial court that handles divorce, custody, and support cases in New Mexico. The New Mexico Supreme Court has approved Form 4A-209 and district courts must accept it, but a self-represented party is not required to use it. The form itself asks the court to enforce the named order and grant other necessary relief; it does not ask the court to find the other party in contempt or to jail anyone, though the underlying remedy a filer can pursue is still civil contempt under the district court's own inherent contempt power, recognized in NMSA 1978 section 34-1-2. A Request for Hearing, Form 4A-206 NMRA, and a Notice of Hearing, Form 4A-207 NMRA, must also be filed once the motion is ready to be set for a hearing. Unlike states that require personal, sheriff-style service before a contempt hearing can lead to jail, New Mexico's form allows the motion to be served on the other party by United States mail, hand delivery, or fax, and the filer swears to which method was used. No statute or rule sets a fixed number of days of notice before the hearing itself; the court sets the hearing date after the Request for Hearing is filed, though a written response to the motion is generally due within 15 days after service under Rule 1-007.1(D) NMRA. At the hearing, the filer must show a valid order and a knowing violation of it; the other party can raise an inability to pay, and in alimony and child support cases New Mexico case law places the burden of proving that defense on the person asserting it. New Mexico has no statutory jail cap for family-court contempt; a judge exercising inherent contempt power can reprimand, fine, or jail a violator, and a contemnor may be given a chance to purge the contempt by complying before any jail sentence takes effect, but a finding of contempt and any jail time are never automatic and rest entirely on the court's decision after a hearing. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either move can itself be treated as contempt. This page does not cover changing the amount of support or the custody schedule, which requires a separate modification request, and a current safety risk should go through New Mexico's restraining order process rather than this motion. For unpaid child support, New Mexico's Child Support Services Division may use remedies before resorting to court contempt, including wage garnishment, license suspension, and tax refund intercepts, and income withholding begins automatically once a delinquency equal to one month's support accrues. Attorney review is available before filing.

Key Things to Know

1
New Mexico's statewide enforcement form is Form 4A-209 NMRA, Motion to Enforce Order, filed in district court. Courts must accept it, but a self-represented filer is not required to use it. A Request for Hearing, Form 4A-206 NMRA, and a Notice of Hearing, Form 4A-207 NMRA, must also be filed. The underlying remedy is civil contempt under the court's inherent power, not a family-law contempt statute.
2
The motion can be served by United States mail, hand delivery, or fax; personal service by a sheriff or process server is not required. No statute or rule sets a fixed number of days of notice before the hearing itself, though a written response to the motion is generally due within 15 days after service under Rule 1-007.1(D) NMRA.
3
An inability to pay is a recognized defense to contempt, but in alimony and child support cases New Mexico case law places the burden of proving that defense on the person asserting it, not on the filer.
4
Do not withhold court-ordered child support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move is not a lawful response on its own and can itself become the basis for a contempt finding against the person who does it.
5
New Mexico has no statutory cap on jail time for family-court contempt. A judge exercising the court's inherent contempt power can reprimand, fine, or jail a violator, and a contemnor may be given a chance to purge the contempt by complying before any jail sentence takes effect. A contempt finding and jail are not automatic.
6
New Mexico has no contempt-specific attorney-fee statute. There is no statutory make-up parenting-time remedy for contempt, though Form 4A-209 lets the filer ask for other relief the court deems necessary.
7
For unpaid child support, New Mexico's Child Support Services Division can pursue wage garnishment, license suspension, and tax refund or lottery intercepts before resorting to court contempt, and income withholding begins automatically once a delinquency equal to one month's support accrues. Modifying support or custody, or a current safety risk, is handled outside this motion.

Key decisions before you file

Before you file a Motion for Contempt in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

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FACTS FOR A NEW MEXICO MOTION TO ENFORCE ORDER

These facts are prepared for transfer onto Form 4A-209 NMRA, Motion to Enforce Order, the domestic relations form approved by the New Mexico Supreme Court, which district courts must accept. The court's Form 4A-209, not this draft, controls what is filed.

STATE OF NEW MEXICO [JUDICIAL DISTRICT NUMBER] JUDICIAL DISTRICT COURT COUNTY OF [COUNTY]

IN RE THE [MARRIAGE OF, PARENTAGE OF, OR CUSTODY OF] [PETITIONER NAME] and [RESPONDENT NAME]

No. [CASE NUMBER]

Movant, [MOVANT NAME], states to the Court:

ORDER AT ISSUE. On [DATE THE ORDER WAS SIGNED], the Court entered a [TEMPORARY DOMESTIC ORDER, INTERIM ORDER, CUSTODY PLAN AND ORDER, CHILD SUPPORT OBLIGATION AND ORDER, FINAL DECREE, DOMESTIC VIOLENCE ORDER OF PROTECTION, OR OTHER ORDER]. Section or paragraph [SECTION OR PARAGRAPH NUMBER] of that order states: [QUOTE OR SUMMARY OF WHAT THE ORDER REQUIRES].
VIOLATION. Since that date, [RESPONDENT NAME] has [DESCRIPTION OF WHAT RESPONDENT IS DOING OR NOT DOING THAT VIOLATES THE CITED SECTION], including: a. On [DATE], [DESCRIPTION OF THE VIOLATION AND THE AMOUNT OR TIME MISSED]. b. On [DATE], [DESCRIPTION OF THE VIOLATION AND THE AMOUNT OR TIME MISSED].
ATTEMPT TO RESOLVE. Movant [HAS OR HAS NOT] discussed this motion with [RESPONDENT NAME] or Respondent's attorney. Result: [RESPONDENT'S POSITION ON THE MOTION, OR THE REASON NO DISCUSSION TOOK PLACE].
RELIEF REQUESTED. Movant asks the Court to: a. Order [RESPONDENT NAME] to comply with the order described above, including payment of [DOLLAR AMOUNT] in unpaid [SUPPORT, FEES, OR COSTS] or performance of [DESCRIPTION OF THE ACT REQUIRED]; b. [ADDITIONAL RELIEF REQUESTED, SUCH AS MAKE UP PARENTING TIME OR REIMBURSEMENT OF EXPENSES]; and c. Grant any other relief the Court deems necessary.
HEARING. Movant will separately file a Request for Hearing, Form 4A-206 NMRA, and will serve a Notice of Hearing, Form 4A-207 NMRA, once a hearing date is set. Movant understands a copy of the order described above must be brought to the hearing.

VERIFICATION

I, [MOVANT NAME], affirm under penalty of perjury under the laws of the State of New Mexico that I am the [PETITIONER OR RESPONDENT] in this case, and that the contents of this Motion are true to the best of my knowledge and belief.

[SIGNATURE OF MOVANT] [PRINTED NAME] [DATE OF SIGNING]

VERIFICATION OF SERVICE

I affirm under penalty of perjury under the laws of the State of New Mexico that on [DATE OF SERVICE], I [MAILED A COPY OF THIS MOTION BY UNITED STATES MAIL, POSTAGE PREPAID, TO, DELIVERED A COPY OF THIS MOTION TO, OR FAXED A COPY OF THIS MOTION TO] [RESPONDENT NAME OR ATTORNEY] at [ADDRESS OR FAX NUMBER].

[SIGNATURE] [PRINTED NAME]

New Mexico Requirements for Motion for Contempt

Form 4A-209 Motion to Enforce Order
New Mexico's statewide domestic relations form for enforcing a family court order is Form 4A-209 NMRA, Motion to Enforce Order. District courts must accept it, but a self-represented filer is not required to use it (Rule 4A-100(B) NMRA).
Companion Request for Hearing and Notice of Hearing
A Request for Hearing, Form 4A-206 NMRA, and a Notice of Hearing, Form 4A-207 NMRA, must also be filed to get the motion set for a hearing date (Rule 4A-200(F)(1) NMRA).
Service by Mail, Hand Delivery, or Fax
Form 4A-209 may be served on the other party by United States mail, hand delivery, or fax; the filer certifies the method used in the form's Verification of Service section. Personal service is not required.
No Statutory Notice Period Before the Hearing
No New Mexico statute or rule sets a fixed number of days of notice before an enforcement hearing; the court sets the hearing date after the Request for Hearing is filed.
15-Day Response Deadline
A written response to the motion is generally due within 15 days after service under Rule 1-007.1(D) NMRA.
Inability-to-Pay Defense, Burden on Respondent
An inability to pay is a recognized defense to contempt, but in alimony and child support cases New Mexico case law places the burden of proving that defense on the person asserting it (Nelson v. Nelson, 1971-NMSC-013).
Uncapped Inherent Contempt Power
New Mexico has no statutory jail cap for family-court contempt; the district court's power to reprimand, fine, or jail a violator rests on its inherent contempt authority, recognized in NMSA 1978 section 34-1-2.
No Contempt-Specific Fee Statute
New Mexico has no contempt-specific attorney-fee statute and no statutory make-up parenting-time remedy for contempt; Form 4A-209 lets the filer ask for other relief the court deems necessary.
Automatic Income Withholding as an Alternative
Once a support delinquency equal to one month's support accrues, income withholding issues automatically against the obligor, capped at 50% of income (NMSA 1978 section 40-4A-4.1). New Mexico's Child Support Services Division can also pursue license suspension and tax refund or lottery intercepts before resorting to court contempt.

Find out where you stand in New Mexico

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

New Mexico Requirements for Motion for Contempt

Form 4A-209 Motion to Enforce Order

Companion Request for Hearing and Notice of Hearing

Service by Mail, Hand Delivery, or Fax

No Statutory Notice Period Before the Hearing

15-Day Response Deadline

Inability-to-Pay Defense, Burden on Respondent

Uncapped Inherent Contempt Power

No Contempt-Specific Fee Statute

Automatic Income Withholding as an Alternative

Frequently Asked Questions