| New Mexico State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State Administered/State Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 13 offices (and 3 satellite offices) |
| A3. With what types of agencies do you have cooperative agreements? |
| Dept. of Health, Dept. of Labor; Navajo Nation, Judicial District Courts |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes |
| A4.1. If yes, what is the statutory citation? |
NMSA 27-2-27 (C) and (D)
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn+main-htm&2.0 |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| No |
| A4.3. If yes, please explain. |
| |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 01/1995 |
| B2. What is the effective date of your State's UIFSA? |
| 7/1/1995 |
| B3. What is the statutory citation for your State's Act? |
Section 40-6A-1, et.seq.NMSA 1978
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 2001 version |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| Implemented 07/01/1995; revised 06/17/2005 |
| B5. Optional comments regarding your State's UIFSA. |
| |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| We are developing procedures for this. |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No |
| C1.2. If yes, please explain. |
| |
| C2. Has your State established reciprocity with any Tribal courts? |
| Yes |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| Acoma, Isleta, Laguna and Zuni pueblos: services provided in accordance with customs and laws of the individual tribal courts. Joint Powers Agreement with the Navajo Nation |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| 18 years of age, unless still in high school, then up to 19 years of age. |
| D2. What is the statutory citation for the age of majority? |
Section 40-4-7 (B)(3)(b)NMSA 1978
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| 18 years of age, or at the discretion of the court |
| D4. Does the date of the order impact what law is applied? |
| Yes |
| D4.1. If yes, please explain. |
| NM orders prior to June 20, 1997 terminate child support at age 18. |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| If severely disabled - by case law |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| |
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| 14 years from date of judgment or unpaid court ordered support. |
| E2. What is your State's statute of limitations for paternity establishment? |
Paternity may be established for a child up to the child's 21-st birthday(i.e. up to 3 years after the age of emancipation). Up to age 18, the action would be initiated by the parent;after age 18 and up to age 21, the action would be initiated by the child.
For Additional Information - No Link Provided |
| E3. Is dormancy revival/renewal possible? |
| Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| May renew a judgment and applicable statute of limitations. |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Shared Income
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| 8.75%, historically the rate has been changed several times. |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| 4.0% from May 19, 2004 to current; 8.75% from June 18, 1993 to May 18, 2004; 15.0% from June 17, 1983 to June 17, 1993 |
| F3. Does your State charge interest on retroactive support? |
| Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| Court's discretion. |
| F4. Does your State charge interest on adjudicated arrears? |
| Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
See F2.1
For Additional Information - No Link Provided |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| Custodial party is responsible for providing bills to the court and obtaining a judgment which may be enforced by our agency. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| All costs are deducted from payments to obligee at the rate of 10% per payment, except for those shown below. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Recoupment for NSF (insufficient funds) and paternity testing fees if result is positive. |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
UIFSA Section 40-6A-201; NMSA 1978 40-11-8.
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| We will enforce only, if spousal support is sought in combination with an on-going child support obligation. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
Only if specifically directed by the court.
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| The State pays the fee. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| No |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| No. |
| F11.3. Does your State collect the fee from the absent parent? |
| No |
| F11.4. Does your State pay the fee out of its own funds? |
| Yes |
| F12. When will your State implement the required DRA limited-assignment provision? |
| Summer of 2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| Yes |
| F13.1. If yes, provide the date. |
| 01/1996 |
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| No |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| |
| F15.2. When will your State discontinue each type of assignment? |
| Undetermined |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| New Mexico would pursue a new court order allowing for the distribution of payments to the new payee. |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| New Mexico would pursue a new court order allowing for the distribution of payments to the new payee |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| New Mexico would pursue a new court order allowing for the distribution of payments to the new payee |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| The State of New Mexico pays this fee. |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Wage withholding |
| G2. What specific source of income is not subject to withholding? |
Required withholdings; see Section 40-4A-2 (E)NMSA 1978
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| Yes |
| G3.1. If yes, what are those limits? |
| 50% of obligor's income |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$1.00 per withholding
For Additional Information - No Link Provided |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| Next payment after service |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| Within 7 days of pay date. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Subpoenas, court hearings and request the employer pay applicable unpaid portion. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Employer becomes responsible Section 40-4A-11 |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| N/A |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| N/A |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| Send withholding to insurance carrier. |
| G11. How does an obligor contest income withholding in your State? |
| Payor may petition court at any time to modify, suspend or terminate withholding. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| See allocation scheme in Section 40-4A-8 (C). |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Contact private attorney or the local office's legal section.
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| No |
| G14. When does your state require the employer to send notice of an employee's termination? |
When obligor is no longer receiving income per 40-4A-8(B)
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No. The employer may assess a $1.00 processing fee per withholding |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
| EFT |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
| For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child support is first priority, then medical support, then arrears.
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| These issues are treated separately. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99%
For Additional Information - No Link Provided |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| May rescind an Acknowledgment of Paternity within 60 days 40-11-5 NMSA 1978 |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 06/18/1993 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
| |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
| Rebutted by paternity tests. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
Father and mother must both sign acknowledgement of paternity to establish a presumption of paternity
For Additional Information - No Link Provided |
| H7. Does your State have any other paternity-related presumptions? |
| Yes |
| H7.1. If yes, briefly explain. |
See Section 40-11-5 marriage, acknowledgment, specific acts.
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| H8. Does your State have a putative fathers' registry? |
| Yes |
| H8.1. If yes, what is the name of that entity? |
| Putative Fathers Registry is maintained by the Bureau of Vital Statistics, Department of Health... |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
| Fees are $20 for paternity processing, $10 for birth search and $5 for death search. The Bureau of Vital Statistics does not waive fees. |
| H10. Is common law marriage recognized in your State? |
| No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
You cannot create a common-law marriage in New Mexico. New Mexico will recognize a common-law marriage that is created elsewhere (using applicable standards)
For Additional Information - No Link Provided |
| H10.2. When did your current common law standard go into effect? |
| |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| N/A |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| UIFSA provisions automatically allow for telephonic appearances. Telephonic appearances may be granted to any party with the permission of the court. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
UIFSA 40-6A-1, 40-11-8
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| If recovery of genetic testing costs is requested, New Mexico will seek an order. If the costs are included in the foreign order, we will enforce the order for their collection. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| Acknowledgment of Paternity or court order |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One set of documents with a paternity affidavit for each child |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Judicial only |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| N/A |
| I1.2. Under what circumstances would the judicial process be used? |
| It is used for every case. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
| For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
CP's income
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Financial hardship - 40-4-11.1 (J) & 40-4-11.2.
For Additional Information - No Link Provided |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| 12 years retroactive |
| I4.2. What information or documentation does your State require to proceed? |
Testimony and supporting documents
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| Yes, if the child is not emancipated. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
If there is no state paid assistance and the child(ren) are emancipated, our agency cannot establish support for prior periods.
For Additional Information - No Link Provided |
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
No
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Establishment if issue was reserved, modification if set at $0 or agreed no payment of support |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Administrative |
| J2. Is the lien process in your State judicial, administrative or both? |
| Judicial |
| J2.1. What are the trigger criteria for filing a lien? |
40-4-15 Child support obligation is a lien on real property
For Additional Information -
http://www.conwaygreene.com/nmsu/
lpext.dll?f=templates&fn=main-h.htm&2.0 |
| J2.2. Where are your State liens filed? |
| Real property liens are perfected by filing a "Statement of Judgment" with the County Clerk where real property is located. County Clerk. See www.OSCN.net for a listing of County Clerks. Personal property liens are perfected in different ways, depending on the type of property. |
| J2.3. Does your State charge a fee for filing a lien? |
| No |
| J2.4. If yes, please indicate the amount. |
| The County Clerk office charges a fee which varies by County and number of pages. |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Judicial. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| Upon delinquency |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided
|
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| Both: Notice is sent when assets are frozen by the FI, the State also sends notice to NCP. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| New Mexico is a Direct Levy State. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| No minimum established. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$500.00
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| Yes. |
| J5.3. 1. If yes, please provide the time frame. |
| 21 days, unless appealed |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| N/A |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| N/A |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| The State is responsible for applying the amount. |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
15 days after they receive the freeze action
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| 30 Days |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
Incorrect delinquency balance, joint ownership.
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Administrative, a hearing may be requested. |
| J5.11. What are your State's penalties for incorrect seizures? |
| None |
| J5.12. Is the second challenge administrative, judicial or both? |
| Judicial |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| Non-debtor has appeal rights: Appeal must be in writing and mailed within 15 days from receipt of Notice. Direct telephonic information is also furnished for the speedy address of concerns. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Centralized - Automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| None |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| Yes |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
NM Statue: 27-1-11 & 27-1-13 Seize/Order to liquidate is sent to FI
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
For Additional Information - No Link Provided
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
30 Days
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Administrative and/or Judicial. |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Passport Denial; Federal Administrative Offset, IRS Intercept, Lottery Intercept; Gaming Matches, Driver's and Professional licenses, as well as gaming licenses are also referred for suspension (when the threshold of delinquency meets or exceeds two months' past due for the total monthly support obligation amount). |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Garnishments, Contempt of Court actions such as bench warrants and Orders to Show Cause, Motions to Establish Payment Plan on Arrears, liens. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
We are in the process of developing these procedures.
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| J10. Which of our State's enforcement remedies are available without registration? |
| Direct interstate wage withholding. |
| J11. Describe your State's registration and enforcement procedures. |
| Per UIFSA. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| Per UIFSA. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
See Section 39-4a-1 NMSA 1978
For Additional Information - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0 |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| Yes |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| Direct Levy State |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| TransUnion, Equifax, Experian and Innovis |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| We report initiating cases to the credit reporting agencies. |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| All obligors who have ever been delinquent are reported. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Every 3 years or upon request or change of circumstance |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| On request of the CP, NCP in non-TANF cases; automatically in TANF cases. |
| K3. Briefly describe your State's modification procedure. |
| Judicial hearing regarding change of circumstances. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| 20% from present order and one year since last change. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| N/A |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| N/A |
| K7. How does your State credit SSA disability to current and past due support? |
| If disability benefits on behalf of the obligor are paid to the child(ren), that amount may offset the obligor's child support obligation within the discretion of the court. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| No |
| K8.1. If yes, please explain the situation? |
| |
| K8.2. What is the statutory citation for your abatement law? |
N/A
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| Depends on the request. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| Please contact Ms. Kim Opell, CSED Voluntary Paternity Unit, (505) 222-9969 Office Fax (505) 222-9961 |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| N/A |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| L2. Does your State law require employers to report lump sum payments? |
| No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A
For Additional Information - No Link Provided
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| N/A |
| L4. How are employers instructed to report a pending lump sum? |
| |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| N/A |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| N/A |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| |
| L9. What other documents does your State use to attach lump sum payments? |
| |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| No |
| L10.1 If yes, what are those limits? |
N/A
For Additional Information - No Link Provided
|
| L10.2 If no, what percentage is the employer required to withhold? |
| |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No |
| M2.1. If yes, provide the statutory citation |
N/A
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| No |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| N/A |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| New Mexico is a member of the CSLN consortium. |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| There is no fee to the insurance companies. |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| N/A |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| N/A |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
| For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| N/A |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| No |
| M3.1. Please provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| No |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| The Child Support agency must give due process notice. |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
| For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
| For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| NO |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| N/A |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| No. |
|
