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 […]
Section 40-4A-1 – Short title.
This act may be cited as the “Support Enforcement Act”. History: Laws 1985, ch. 105, § 1. ANNOTATIONS Cross references. — For the Parental Responsibilty Act, see 40-5A-1 NMSA 1978 et seq. For forms relating to garnishment of wages for child support, see Rules 4-811 and 4-812 NMRA. Compiler’s notes. — The term “this act” […]
Section 40-4A-2 – Definitions.
As used in the Support Enforcement Act: A. “authorized quasi-judicial officer” means a person appointed by the court pursuant to rule 53(a) [Rule 1-053A NMRA] of the Rules of Civil Procedure for the District Courts; B. “consumer reporting agency” means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages […]
Section 40-4A-3 – Purpose of income withholding.
Income withholding is intended to ensure compliance with the order for support and provide for the liquidation of any delinquency which may have accrued. History: Laws 1985, ch. 105, § 3.
Section 40-4A-4 – Notice of delinquency.
A. When an obligor accrues a delinquency, the obligee or public office may prepare and serve upon the obligor a copy of a verified notice of delinquency. The income of a person with a support obligation imposed by a support order issued or modified in the state before January 1, 1994, if not otherwise subject […]
Section 40-4A-4.1 – Immediate child support income withholding.
A. In any judicial proceeding in which child support is ordered, modified or enforced and which proceeding is brought or enforced pursuant to Title IV-D of the Social Security Act as provided in Section 27-2-27 NMSA 1978, the income of the support obligor shall be subject to immediate income withholding regardless of the existence of […]
Section 40-4A-5 – Notice to withhold income.
A. The obligee or public office shall file an affidavit with the clerk of the district court showing that notice of delinquency has been duly served upon the obligor. B. Upon filing of the affidavit required by Subsection A of this section, the notice to withhold income shall be filed with the clerk of the […]