New Mexico Forms Library

4A-401. Uncontested petition for paternity; forms needed; filing fee.

            A.        Forms that need to be filed. In a parentage case where both parties agree, the parties need to file the following completed forms with the court:

                        (1)       a Domestic Relations Cover Sheet, Form 4A-101 NMRA is required;

                        (2)       a Petition to Establish Parentage, Form 4A-402 NMRA is provided;

                        (3)       an Order Establishing Parentage, Custody, and Child Support, Form 4A-404 NMRA is provided; and

                        (4)       a Custody Plan and Order, Form 4A-302 NMRA is provided.

            B.        Child Support. The Order Establishing Parentage, Custody, and Child Support (Form 4A-404 NMRA) requires the parties to fill out a child support worksheet and attach it to the Order. Parties may choose to have child support withheld from the paying parent’s income, but that requires filling out a Wage Withholding Order (Form 4A-304 NMRA), having a Child Support Enforcement number (which may be obtained through Child Support Enforcement), and filling out the Income Withholding for Support Form (OMB 0970-0154).

            C.        Type or print. The parties must type or print all of the information required to be completed on the forms. Many forms may be downloaded and completed or completed on-line. If a pre-printed form is being used by the parties and there is not enough room on the form to provide all of the information required, use a separate page for the information and staple the page to the pre-printed form before making copies and filing the form with the court.

            D.        Sign the pleadings. A party’s signature on a pleading or paper filed with the court constitutes a certificate that the party has read the paper and that to the best of the party's knowledge, information, and belief there is good grounds to support it.

            E.        Forms required to be signed before a notary. Only the Petition for Parentage must be signed by the petitioner (person filing the case) in front of a notary.

            F.         File the forms with the court. After the parties have completed and signed the forms, the parties must file them with the court clerk.

            G.        Required number of copies. An original and two (2) copies of each form must be filed.

            H.        Pay the filing fee. A filing fee must be paid to the clerk in cash, money order, or credit card at the time the petition and information sheet are filed unless free process is approved.

[Approved, effective November 15, 2002; 4A-206 recompiled as 4A-401 by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended by Supreme Court Order No. 13-8300-014, effective immediately in all cases pending or filed on or after June 24, 2013; as amended by Supreme Court Order No. S-1-RCR-2024-00103, effective for all cases pending or filed on or after December 31, 2024.]