§ RULE 1-123. MANDATORY DISCLOSURE IN DOMESTIC RELATIONS AND PATERNITY ACTIONS; PRELIMINARY DISCLOSURE REQUIREMENTS

RULE 1-123. MANDATORY DISCLOSURE IN DOMESTIC RELATIONS AND PATERNITY ACTIONS; PRELIMINARY DISCLOSURE REQUIREMENTS

A. Duty to Disclose. Parties to domestic relations actions shall disclose to other parties relevant information concerning characterization, valuation, division or distribution of assets or liabilities, whether separate or community property, in any proceeding involving the distribution of property or the establishment or modification of child or spousal support as provided in this rule.

B. Preliminary Disclosure. Unless otherwise stipulated by the parties and ordered by the court or otherwise ordered by the court:

(1) in every domestic relations action involving property and debt division or characterization, within forty-five (45) days after service of the petition, the parties shall serve a disclosure as provided in Domestic Relations Form 4A-122 NMRA. The disclosure shall contain:

(a) an interim monthly income and expense statement;

(b) a community property and liabilities schedule; and

The statements and schedules shall substantially comply with Domestic Relations Forms 4A-122, 4A-131 and 4A-132 NMRA approved by the Supreme Court. The schedules shall be accompanied by a list of the documents utilized to complete the schedules.

(2) in actions concerning spousal support or child support, within forty-five (45) days of service of process on the opposing party, the petitioner or movant shall serve on the opposing party, and the opposing party shall serve on the petitioner or movant, an affidavit of disclosure containing the following information:

(a) federal and state tax returns, including all schedules, for the year preceding the request;

(b) W-2 statements for the year preceding the request;

(d) work-related daycare statements for the year preceding the request, if applicable;

(e) dependent medical insurance premiums for the year preceding the request, if applicable;

(f) wage and payroll statements for four months preceding the request; and

(g) in actions concerning modification of spousal support, a statement of income and expenses pursuant to Domestic Relations Form 4A-122 NMRA.

C. Supplemental Disclosure. Sworn disclosure schedules shall be served in accordance with Rule 1-026 NMRA upon all parties, with copies to the trial court, at least five (5) days before trial.

D. Child Support Worksheets. In actions involving child support, the parties shall each complete a child support worksheet as provided by Section 40-4-11.1 NMSA 1978. The worksheets shall be served upon all parties, with copies to the trial judge, at least five (5) days before trial.

E. Duty of the State as a Party. Under this rule, the State of New Mexico is required to produce only documents intended to be introduced at an evidentiary hearing, at least five (5) days prior to the hearing, unless otherwise prohibited by law.

F. Failure to Comply. Failure to comply with this rule may result in the assessment of costs and attorney fees against the delinquent party or such other sanctions as the court deems appropriate.