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” […]
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 […]
If any person willfully fails to withhold or pay over income pursuant to the Support Enforcement Act, willfully discharges, disciplines, refuses to hire or otherwise penalizes an obligor as prohibited by Subsection D of Section 40-4A-8 NMSA 1978, or otherwise fails to comply with any duty imposed by that act, the court, upon due notice […]
A. Upon filing of a certified copy of a foreign order for support containing an income withholding provision, the clerk of the district court shall docket the case and inform the obligee of this action. The foreign order for support filed in accordance with this section shall constitute a legal basis for income withholding in […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
