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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO LORRIE M. HINZO, 3 Petitioner-Appellee, v. No. 34,352 JASON P. HINZO, 6 Respondent-Appellant, STATE OF NEW MEXICO ex. rel HUMAN SERVICES DEPARTMENT, 9 Intervenor.

10 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY Mary W. Rosner, District Judge Advanced Legal Resolutions, LLC Sarah Van Cott Las Cruces, NM for Appellee Jason P. Hinzo Sioux Fall, SD Pro Se Hector B. Balderas, Attorney General Lila Bird, Special Assistan Attorney General Santa Fe, NM for Intervenor

3 MEMORANDUM OPINION VIGIL, Chief Judge.

5 {1} Respondent appeals the district court’s denial of his motion to modify child support. This Court’s second notice of proposed summary disposition proposed to affirm various findings of the district court, but to reverse the judgment below because it awarded support for periods during which Respondent could not be characterized as a noncustodial parent for purposes of NMSA 1978, Section 27-2-28(A) (2009).

10 [2CN 4] That notice proposed to remand this case to the district court for entry of a support order that is consistent with the requirements of Section 27-2-28. [Id.] The State has filed no response. Respondent, however, has filed a document in which he does not oppose the proposed summary disposition. We, therefore, reverse the judgment entered below and remand to the district court for the entry of an appropriate order of support.

16 {2} IT IS SO ORDERED.

17 ______________________________ 18 MICHAEL E. VIGIL, Chief Judge WE CONCUR:

2 ___________________________________ LINDA M. VANZI, Judge

4 ___________________________________ STEPHEN G. FRENCH, Judge