Section 40-4A-13 – Expedited process.
A. Any action for enforcement, establishment or modification of a child support obligation shall be given priority in scheduling for hearing. A hearing or trial shall be scheduled before the court or an authorized quasi-judicial officer within sixty days of the filing of the request for hearing; provided, however, a petition to stay service shall […]
Section 40-4A-14 – Bonding.
Upon notice, hearing and a showing of good cause, an obligor shall be ordered to post a bond or other sufficent [sufficient] surety to guarantee the payment to or on behalf of the obligee of any delinquency. History: Laws 1985, ch. 105, § 16. ANNOTATIONS Bracketed material. — The bracketed material was inserted by 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-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 […]
Section 40-4A-6 – Amount of income subject to withholding.
A. The income of an obligor shall be subject to withholding in an amount: (1) equal to the monthly support obligation set forth in the order for support; and (2) in the event of a delinquency, the additional amount of twenty percent of the monthly support obligation set forth in the order for support, or […]
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.