reglab/housing_qa huggingface dataset:
NM Stat § 40-4A-10 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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 with a notice of delinquency pursuant to the Support Enforcement Act shall notify the obligee and the public office of the new payor or new residence address. C. Any public office that collects, disburses or receives payments pursuant to a notice to withhold income shall maintain complete, accurate and clear records of all payments and their disbursements. D. The department shall take all actions necessary to institute income withholding upon the request of an obligor. E. All new orders for support or modifications of orders for support shall provide notice that if an obligor accrues a delinquency in an amount equal to at least one month's support obligation, his income shall be subject to withholding in an amount sufficient to satisfy the order for support and that an additional amount shall be withheld to reduce and retire any delinquency. F. In addition to any other materials provided to an obligee at the time the obligee applies to the department for assistance, the department shall make available to the obligee a list of the types of services available, and a copy of federal time frames concerning child support enforcement. History: Laws 1985, ch. 105, § 10; 1987, ch. 26, § 4; 1990, ch. 30, § 5; 1993, ch. 148, § 1. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, added Subsection F. The 1990 amendment, effective May 16, 1990, inserted "or residence" near the beginning and added "or new residence address" at the end of Subsection B, made a minor stylistic change in Subsection C and deleted the former Subsection F which read "The department shall promulgate, by regulation, forms and nonbinding, statewide child support guidelines for proceedings under the Support Enforcement Act and shall make available to the public and the courts the forms and guidelines and any other informational materials which describe the procedures and remedies set forth in that act".
NM Stat § 40-4A-11 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|Section 40-4A-11 - Penalties.

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 and hearing: A. shall impose a fine against the payor for the total amount that the payor willfully failed to withhold or pay over; B. shall order reinstatement of or award damages to the obligor, or both, where the obligor has been discharged, disciplined or otherwise penalized by the payor; or C. may take such other action, including action for contempt of court, as may be appropriate. History: Laws 1985, ch. 105, § 11; 1997, ch. 237, § 13. ANNOTATIONSThe 1997 amendment, effective April 11, 1997, substituted "Subsection D of Section 40-4A-8 NMSA 1978" for "Subsection E of Section 8 of that act" in the introductory language, and in Subsection A, substituted "impose a fine" for "enter judgment".
NM Stat § 40-4A-13 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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 be resolved in accordance with Subsection A of Section 9 [40-4A-9 NMSA 1978] of the Support Enforcement Act. B. The powers of an authorized quasi-judicial officer shall include at a minimum: (1) authority to take testimony and establish a record; (2) authority to evaluate evidence and make initial decisions and recommendations; and (3) authority to accept voluntary acknowledgement of support liability and to approve stipulated agreements to pay support. C. If a party seeks to invoke the contempt powers of the court, the matter shall not be delegated to an authorized quasi-judicial officer. D. Failure to meet the time requirements shall not constitute a defense to the action for support. History: Laws 1985, ch. 105, § 13.
NM Stat § 40-4A-14 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 40-4A-15 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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 the consumer reporting agency. History: Laws 1985, ch. 105, § 17; 1997, ch. 237, § 23. ANNOTATIONSThe 1997 amendment, effective April 11, 1997, inserted the federal act reference, and deleted "if the delinquency of the obligor exceeds one thousand dollars ($1,000)" at the end of the first sentence.
NM Stat § 40-4A-16 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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. ANNOTATIONSSeverability. — Laws 1985, ch. 105, § 20 provides for the severability of the act if any part or application thereof is held invalid.
NM Stat § 40-4A-17 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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 date of publication. History: Laws 1993, ch. 148, § 2.
NM Stat § 40-4A-18 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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.
NM Stat § 40-4A-19 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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 liens arising in another state, when the state Title IV-D agency, party, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise within the state, except that such rules may not require judicial notice or hearing prior to the enforcement of such a lien. History: Laws 1997, ch. 237, § 24. ANNOTATIONSCross references. — For Title IV-D of the federal Social Security Act, see 42 U.S.C. § 651 et seq.
NM Stat § 40-4A-20 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4A - Support Enforcement|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 next arrears management program, provide to the interim welfare reform oversight committee a report on the previous arrears management program. History: Laws 2004, ch. 41, § 3.
NM Stat § 40-4B-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-1 - Short title.

Sections 1 through 10 [40-4B-1 to 40-4B-10 NMSA 1978] of this act may be cited as the "Child Support Hearing Officer Act". History: Laws 1988, ch. 127, § 1.
NM Stat § 40-4B-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-2 - Purpose.

The purpose of the Child Support Hearing Officer Act is to provide the personnel and procedures necessary to insure prompt and full payment by obligated parties of child support obligations for their dependent children and, where applicable, attendant spousal support obligations. It is further the purpose of the Child Support Hearing Officer Act to insure that support payments are made in compliance with federal regulations governing the state's federally mandated program pursuant to Title IV D of the federal Social Security Act requiring a state plan and program to enforce child support obligations. Such compliance will speed up the processing of cases and completion of enforcement actions, thereby reducing expenditures for aid to families with dependent children. History: Laws 1988, ch. 127, § 2. ANNOTATIONSCross references. — For Title IV D of the federal Social Security Act, see 42 U.S.C. § 651 et seq.
NM Stat § 40-4B-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-3 - Definitions.

As used in the Child Support Hearing Officer Act: A. "department" means the child support enforcement bureau of the human services department; and B. "secretary" means the secretary of human services. History: Laws 1988, ch. 127, § 3.
NM Stat § 40-4B-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-4 - Child support hearing officers; appointment; terms; qualifications; compensation.

A. Child support hearing officers shall be appointed by and serve at the pleasure of the judges of the judicial districts determined pursuant to Subsection D of this section. Each hearing officer shall be selected by a majority of the district court judges in the judicial district to which he is assigned. The child support hearing officers shall be paid pursuant to a cooperative agreement between the human services department and the judicial districts. B. Child support hearing officers shall be lawyers who are licensed to practice law in this state and who have a minimum of five years experience in the practice of law, with at least twenty percent of that practice having been in family law or domestic relations matters. Child support hearing officers shall devote full time to their duties under the Child Support Hearing Officer Act and shall not engage in the private practice of law or in any employment, occupation or business interfering with or inconsistent with the discharge of their duties as a full-time child support hearing officer. C. A child support hearing officer is required to conform to Canons 21-100 through 21-500 and 21-700 of the Code of Judicial Conduct as adopted by the supreme court. Violation of any such canon shall be grounds for dismissal of any child support hearing officer. Child support hearing officers shall be employees of the judicial branch of government and shall not be subject to the Personnel Act [Chapter 10, Article 9 NMSA 1978]. Their compensation shall be set by the judges who appoint them, but such compensation shall not exceed eighty percent of the current salary for district court judges. D. Child support hearing officers shall serve in such judicial districts as the secretary deems appropriate considering the case loads and case needs of the state's Title IV D program. History: Laws 1988, ch. 127, § 4; 1993, ch. 124, § 1. ANNOTATIONSCompiler's notes. — The phrase "Title IV D program" means a state program adopted pursuant to Title IV D, 42 U.S.C. § 651 et seq., of the federal Social Security Act, requiring a state plan and program to enforce child support obligations. The 1993 amendment, effective June 18, 1993, in Subsection A, deleted "Five" at the beginning of the subsection and made a minor stylistic change. Hearing officers distinguished. — Rule 1-053.2 NMRA and the Child Support Hearing Officer Act describe both material similarities and material differences between a domestic relations hearing officer and a child support hearing officer. Buffington v. McGorty, 2004-NMCA-092, 136 N.M. 226, 96 P.3d 787. Review of report and recommendations. — The Child Support Hearing Officer Act did not preclude the district court from reviewing the report and recommendations of the hearing officer. Buffington v. McGorty, 2004-NMCA-092, 136 N.M. 226, 97 P.3d 787.
NM Stat § 40-4B-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-5 - Reference.

Actions covered under the Child Support Hearing Officer Act include but are not limited to petitions to establish support obligations, petitions to enforce court orders establishing support obligations, petitions to recover unpaid child support arrearages and post-judgment interest, actions pursuant to the Support Enforcement Act [40-4A-1 to 40-4A-16 NMSA 1978], actions brought to modify existing support obligations, actions to establish parentage and actions under the Revised Uniform Reciprocal Enforcement of Support Act [Uniform Interstate Family Support Act, Chapter 40, Article 6A NMSA 1978]; provided the Child Support Hearing Officer Act does not apply to proceedings for the establishment of custody. The presiding judge or his designee shall refer only matters concerning the establishment and enforcement of support obligations to a child support hearing officer in all of those proceedings in which: A. the department as the state's Title IV D agency is acting as the enforcing party pursuant to an assignment of support rights under Section 27-2-27 NMSA 1978; B. the department, pursuant to Section 27-2-27 NMSA 1978, is acting as the representative of a custodial parent who is not receiving aid to families with dependent children; and C. the department is the enforcing Title IV D party pursuant to a written request for enforcement of a support obligation received from an agency in another state responsible for administering that state's federal Title IV D program. History: Laws 1988, ch. 127, § 5; 1993, ch. 124, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1994, ch. 107, § 904 repealed the Revised Uniform Reciprocal Enforcement of Support Act, 40-6-1 to 40-6-41 NMSA 1978, effective July 1, 1995. Compiler's notes. — The phrase "Title IV D program" refers to a state program adopted pursuant to 42 U.S.C. § 651 et seq. The 1993 amendment, effective June 18, 1993, in the introductory paragraph, inserted "actions to establish parentage and actions under the Revised Uniform Reciprocal Enforcement of Support Act" and made minor stylistic changes. Limitation of reference. — A reference to a hearing officer under the Child Support Hearing Officer Act is limited to cases involving child support enforcement through the child support enforcement bureau of the human services department. Buffington v. McGorty, 2004-NMCA-092, 136 N.M. 226, 96 P.3d 787.
NM Stat § 40-4B-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-6 - Hearings; powers of child support hearing officers.

A. Child support hearing officers have the adjudicatory powers possessed by district courts under the Support Enforcement Act [40-4A-1 to 40-4A-16 NMSA 1978], the Revised Uniform Reciprocal Enforcement of Support Act [Uniform Interstate Family Support Act, 40-6A-1 NMSA 1978] and any other law allowing the enforcement and establishment of support obligations by the state Title IV D agency. B. Hearings shall be held in the judicial district in which the claim arose or in the judicial district where one of the parties resides. C. The child support hearing officer shall have the power to preserve and enforce order during hearings; administer oaths; issue subpoenas to compel the attendance and testimony of witnesses, the production of books, papers, documents and other evidence or the taking of depositions before a designated individual competent to administer oaths; examine witnesses; and do all things conformable to law which may be necessary to enable him to discharge the duties of his office effectively. D. Any person committing any of the following acts in a proceeding before a child support hearing officer may be held accountable for his conduct in accordance with the provisions of Subsection E of this section: (1) disobedience of or resistance to any lawful order or process; (2) misbehavior during a hearing or so near the place of the hearing as to obstruct it; (3) failure to produce any pertinent book, paper or document after having been ordered to do so; (4) refusal to appear after having been subpoenaed; (5) refusal to take the oath or affirmation as a witness; or (6) refusal to be examined according to law. E. The child support hearing officer may certify to the district court the fact that an act specified in Paragraphs (1) through (6) of Subsection C [D] of this section was committed in that court. The court shall hold a hearing and if the evidence so warrants may punish the offending person in the same manner and to the same extent as for contempt committed before the court, or the court may commit the person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of or in the presence of the court. History: Laws 1988, ch. 127, § 6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1994, ch. 107, § 904 repealed the Revised Uniform Reciprocal Enforcement of Support Act, 40-6-1 to 40-6-41 NMSA 1978, effective July 1, 1995. The bracketed "D" following "Subsection C" in the first sentence of Subsection E, was added by the compiler as the apparent intended reference. Compiler's notes. — The phrase "Title IV D agency" means an agency established pursuant to Title IV D, 42 U.S.C. § 651 et seq., of the federal Social Security Act to administer a state plan and program to enforce child support obligations. See 40-4B-5A NMSA 1978.
NM Stat § 40-4B-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-7 - Proceedings.

A. When a reference is made, the clerk of the court shall furnish the hearing officer with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the hearing officer shall proceed in lieu of the district court in accordance with the Rules of Civil Procedure. B. The parties may procure the attendance of witnesses before the hearing officer by the issuance and service of subpoenas as provided in Section 6 [40-4B-6 NMSA 1978] of the Child Support Hearing Officer Act. If without adequate excuse a witness fails to appear or give evidence, he may be punished by the district judge as for a contempt and be subjected to the consequences, penalties and remedies provided in Section 6 of the Child Support Hearing Officer Act and the Rules of Civil Procedure. History: Laws 1988, ch. 127, § 7. ANNOTATIONSCross references. — For the New Mexico Rules of Civil Procedure, see Rule 1-001 NMRA et seq.
NM Stat § 40-4B-8 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-8 - Report.

A. The child support hearing officer shall prepare a report with a decision upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, shall set them forth in the report. He shall file the report with the clerk of the court and unless waived by the parties shall file with it a transcript or other authorized recording of the proceedings and of the evidence and original exhibits. The clerk shall mail immediately notice of the filing to all parties. B. Within ten days after being served with notice of the filing of the report, any party may file written objections with the district court and serve such objections on the other parties. C. If the district court judge wishes to review the hearing officer's decision de novo or on the record, he shall take action on the objections presented by the parties within fifteen days after the objections are filed. Failure to act by the district judge within the time allowed is deemed acceptance by the district court of the child support hearing officer's decision and will grant the decision the full force and effect of a district court decision. D. If the district court's review is on the record, he shall set aside the decision only if the decision is found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record as a whole; or (3) otherwise not in accordance with law. E. The effect of a child support hearing officer's report is the same whether or not the parties have consented to the reference; however, when the parties stipulate that a child support hearing officer's findings of fact shall be final, only questions of law arising upon the report may thereafter be considered. History: Laws 1988, ch. 127, § 8; 1993, ch. 124, § 3. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, substituted "evidence" for "record" in Paragraph (2) of Subsection D and made a minor stylistic change in Subsection C.
NM Stat § 40-4B-9 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-9 - Review and appeal.

Within thirty days after the hearing officer's decision becomes final pursuant to Section 8 [40-4B-8 NMSA 1978] of the Child Support Hearing Officer Act, an applicant or recipient may file a notice of appeal in the same manner as that of an appeal from a district court decision pursuant to the Rules of Appellate Procedure. History: Laws 1988, ch. 127, § 9. ANNOTATIONSCross references. — For the Rules of Appellate Procedure, see Rule 12-101 NMRA et seq. Law reviews. — For comment, "District Court Review of Judicial Officers in New Mexico Domestic Violence and Domestic Relations Cases: Rethinking the Rules," see 36 N.M.L. Rev. 487 (2006).
NM Stat § 40-4B-10 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4B - Child Support Hearing Officers|Section 40-4B-10 - Child support standards and guidelines.

In establishing any support obligations pursuant to the Child Support Hearing Officer Act, the child support hearing officer shall be governed by the child support standards and guidelines set out by the New Mexico supreme court, by New Mexico statutes or by the secretary. History: Laws 1988, ch. 127, § 10.