Section 40-4A-17 – Publication of names of obligors; amount owed.
The department shall publish, once every three months in a newspaper with statewide circulation, the names and last known addresses of at least twenty-five delinquent obligors. In addition to publication of the obligors’ names and last known addresses, the department shall publish the respective amounts of delinquency accrued by the individual obligors as of the […]
Section 40-4A-18 – Information regarding delinquency payments.
Upon a request from an obligee, the department shall make available a written statement of: A. payments made to the obligee by the obligor pursuant to an order for support; and B. the amount of any delinquency still owed to the obligee by the obligor. History: Laws 1993, ch. 148, § 3.
Section 40-4A-19 – Liens.
The state Title IV-D agency must have and use procedures under which: A. liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent who resides or owns property in the state; and B. the state courts and tribunals accord full faith and credit to […]
Section 40-4A-20 – Unpaid child support interest arrears management program.
The department shall designate an arrears management program starting on or after December 15, 2004 to provide amnesty for child support arrears, pursuant to procedures adopted by the department. The arrears management program shall not exceed more than twelve months and shall only be authorized thereafter every two years. The department shall, before renewing the […]
Section 40-4A-15 – Consumer reporting agencies.
At the request of a consumer reporting agency, as defined in Section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. 1681(a)(f), and upon thirty days’ advance notice to the obligor, the department, in accordance with its regulations, may release information regarding the delinquency of an obligor. The department may charge a reasonable fee to […]
Section 40-4A-16 – Remedies in addition to other laws.
The rights, remedies, duties and penalties created by the Support Enforcement Act are in addition to any other rights, remedies, duties and penalties created by any other law. History: Laws 1985, ch. 105, § 19. ANNOTATIONS Severability. — Laws 1985, ch. 105, § 20 provides for the severability of the act if any part or […]
Section 40-4A-7 – Procedure to avoid income withholding.
Except as provided in Section 40-4A-4.1 NMSA 1978, the obligor may contest the notice to withhold income by filing a petition with the clerk of the district court within twenty days after service of the notice of delinquency. Grounds for the contest shall be limited to a dispute concerning the existence or amount of the […]
Section 40-4A-8 – Duties of payor.
A. Any payor who has been served with a notice to withhold income shall deduct and pay over income as provided in this section. The payor shall deduct the amount designated in the notice to withhold income no later than the next payment of income that is payable to the obligor following service of the […]
Section 40-4A-9 – Petitions to modify, suspend or terminate notice of withholding.
A. When an obligor files a petition pursuant to Section 40-4A-7 NMSA 1978, the court, after due notice to all parties, shall hear and resolve the matter no later than forty-five days following the service of the notice of delinquency. Where the court cannot promptly resolve the issues alleged in the petition, the court may […]
Section 40-4A-10 – Additional duties.
A. An obligee who is receiving income withholding payments under the Support Enforcement Act shall notify the public office forwarding such payments of any change of address within seven days of such change. B. Within seven days of change of payor or residence, an obligor whose income is being withheld or who has been served […]