§ RULE 1-122. DISSOLUTION OF MARRIAGE AND SECTION 40-4-3 NMSA 1978 PROCEEDINGS; INTERIM ORDER ALLOCATING INCOME AND EXPENSES

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 12 > RULE 1-122.

RULE 1-122. DISSOLUTION OF MARRIAGE AND SECTION 40-4-3 NMSA 1978 PROCEEDINGS; INTERIM ORDER ALLOCATING INCOME AND EXPENSES

A. Interim Order Allocating Income and Expenses. Absent exceptional circumstances, during the pendency of a dissolution of marriage or Section 40-4-3 NMSA 1978 proceeding, community income and expenses shall be equally divided between the parties. Upon motion, separate income and expenses may also be divided if appropriate.

B. Agreement by Parties. The parties may file a stipulation waiving the entry of an interim order allocating income and expenses.

C. Allocation of Income and Expenses. If the parties have not agreed to or waived entry of an interim order allocating income and expenses, at any time after commencement of the proceeding:

(1) a party may file a motion requesting the court to enter an interim order allocating income and expenses; or

(2) the court, on its own motion, may set a hearing to allocate income and expenses.

At least five (5) days prior to the hearing the parties shall be required to exchange the information set out in Domestic Relations Form 4A-122 NMRA.

D. Modification of Interim Allocation. Any party may file a motion to modify or supplement the interim order allocating income and expenses.

E. Form of Statements, Orders and Notices. Interim monthly income and expense statements, interim orders allocating income and expenses, notices of hearing for an interim order dividing income and expenses and orders for production shall be substantially in the form approved by the Supreme Court.