reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4A - Support Enforcement › 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 to immediate withholding under Section 40-4A-4.1 NMSA 1978, shall become subject to immediate withholding as provided in Section 40-4A-4.1 NMSA 1978 if arrearages occur, without the need for a judicial or administrative hearing.
B. If the date upon which payment is due under an order for support is not stated in the order for support, the due date shall be deemed to be the last day of the month.
C. The notice of delinquency shall:
(1) recite those terms of the order for support which enumerate the support obligation;
(2) contain a current computation of the period and total amount of the delinquency;
(3) inform the obligor of the amount to be withheld;
(4) inform the obligor of the procedures available to contest the income withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact;
(5) state that, unless the obligor complies with the procedures to contest the income withholding, a notice to withhold income shall be served upon the payor;
(6) state that the notice to withhold income shall be applicable to any current or subsequent payor; and
(7) state the name and address of the public office to which withheld income shall be sent.
D. The original notice of delinquency shall be filed with the clerk of the district court.
E. Service of the notice of delinquency upon the obligor shall be effected by sending the notice by prepaid certified mail addressed to the obligor at his last known address or by any method provided by law for service of a summons. Proof of service shall be filed with the clerk of the district court.
History:
Laws 1985, ch. 105, § 4; 1997, ch. 237, § 7.
ANNOTATIONS
Cross references.
— For provisions relating to establishing a state case registry of obligors and related information and additional support enforcement procedures,
see
27-1-8 to 27-1-14 NMSA 1978.
For the State Directory of New Hires Act,
see
50-13-1 NMSA 1978 et seq.
The 1997 amendment,
effective April 11, 1997, rewrote Subsection A, in Paragraph C(4), added "on the grounds that the withholding or the amount withheld is improper due to a mistake of fact" at the end, substituted "contest the" for "avoid" in that paragraph and in Paragraph C(5), and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4A - Support Enforcement › 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 district court and served upon the payor by certified mail or personal delivery, and proof of service shall be filed with the clerk of the district court.
C. A conformed copy of the notice to withhold income shall be mailed to the obligor at his last known address.
D. The notice to withhold income shall be verified by the obligee or public office and shall:
(1) state the amount of income to be withheld from the obligor; provided, however, the amount to be applied to satisfy the monthly obligation under the order for support, the amount of the delinquency which is set forth in the notice of delinquency and the amount to be applied to reduce the delinquency set forth in the notice of delinquency shall be stated separately;
(2) state that payments due from multiple obligors may be combined into one remittance so long as each withholding is separately identified;
(3) state that the maximum amount of an obligor's income subject to withholding pursuant to the Support Enforcement Act and pursuant to any garnishment shall not exceed fifty percent;
(4) state the duties of the payor as set forth in Section 40-4A-8 NMSA 1978; and
(5) require that all payments be made through the public office to ensure accurate recordkeeping.
E. The termination of the obligations imposed by the order of support and payment in full of any delinquency shall revoke the notice to withhold income.
History:
Laws 1985, ch. 105, § 5; 1987, ch. 26, § 1; 1997, ch. 237, § 9.
ANNOTATIONS
The 1997 amendments,
effective April 11, 1997, deleted former Subsection A which provided "at least twenty days following service of the notice of delinquency, the obligee or public office shall determine if the procedure to avoid income withholding pursuant to Section 40-4A-7 NMSA 1978 has been instituted", deleted the first sentence of former Subsection B providing "if the procedure to avoid income withholding has not been instituted", designated the second sentence of that subsection as Subsection A, deleting the second sentence relating to procedure to avoid income withholding having occurred, and redesignated the following subsections accordingly; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4A - Support Enforcement › 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 such amount as the court may order after notice and hearing, until payment in full of any delinquency set forth in the notice of delinquency.
B. The maximum amount of an obligor's income which may be subject to withholding pursuant to the Support Enforcement Act and pursuant to any garnishment shall not exceed fifty percent.
History:
Laws 1985, ch. 105, § 6.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4A - Support Enforcement › 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 delinquency or noncompliance with the Support Enforcement Act. The clerk of the district court shall notify the obligor and the obligee or public office, as appropriate, of the time and place of the hearing on the petition. The court shall hold the hearing pursuant to the provisions of Section 40-4A-9 NMSA 1978.
History:
Laws 1985, ch. 105, § 7; 1987, ch. 26, § 2; 1990, ch. 30, § 2; 1997, ch. 237, § 10.
ANNOTATIONS
The 1997 amendment,
effective April 11, 1997, in the first sentence, substituted "contest the" for "prevent a" near the beginning, deleted "from being served" following "income", and deleted "to stay service" following "petition" in that sentence and at the end of the second sentence; and substituted "contest" for "petition to stay service" at the beginning of the second sentence.
The 1990 amendment,
effective May 16, 1990, added "Except as provided in Section 40-4A-4.1 NMSA 1978" at the beginning of the section and made a minor stylistic change in the final sentence.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4A - Support Enforcement › 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 order immediate execution of an amended notice to withhold income as to any undisputed amounts and may continue the hearing on the disputed issues for such reasonable length of time as required under the circumstances. Failure to meet the time requirements shall not constitute a defense to the notice to withhold income.
B. At any time, an obligor or obligee or the public office may petition the court to:
(1) modify, suspend or terminate the notice to withhold income because of a corresponding modification, suspension or termination of the underlying order for support;
(2) modify the amount of income to be withheld to increase the rate of payment of the delinquency; or
(3) suspend the notice to withhold income because of the inability of the public office to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.
C. Except for orders to withhold issued pursuant to Section 40-4A-4.1 NMSA 1978, an obligor may petition the court at any time to terminate the withholding of income because payments pursuant to the notice to withhold income have been made for at least three years and all delinquencies have been paid. The court shall suspend the notice to withhold income, absent good cause for denying the petition. If the obligor subsequently becomes delinquent in payment of the order for support, the obligee or public office may serve another notice to withhold income by complying with all requirements for notice and service pursuant to the Support Enforcement Act.
History:
1978 Comp., § 40-4A-9, enacted by Laws 1985, ch. 105, § 9; 1987, ch. 26, § 3; 1990, ch. 30, § 4; 1997, ch. 237, § 12.
ANNOTATIONS
The 1997 amendment,
effective April 11, 1997, deleted "to stay service or" from the section heading, deleted "to stay service" following "petition" near the beginning of Subsection A, and deleted Subsection D relating to an obligee seeking an order to reapportion the distribution of the obligor's withheld income upon notice to all interested parties.
The 1990 amendment,
effective May 16, 1990, in the first sentence of Subsection C, substituted "Except for orders to withhold issued pursuant to Section 40-4A-4.1 NMSA 1978" for "At any time" at the beginning and made a minor stylistic change.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 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".
2023 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Severability.
— Laws 1985, ch. 105, § 20 provides for the severability of the act if any part or application thereof is held invalid.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For Title IV-D of the federal Social Security Act,
see
42 U.S.C. § 651 et seq.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Cross references.
— For Title IV D of the federal Social Security Act,
see
42 U.S.C. § 651 et seq.
2023 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 [health care authority department]; and
B. "secretary" means the secretary of human services.
History:
Laws 1988, ch. 127, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 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.
ANNOTATIONS
Bracketed 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 [health care authority department].
Buffington v. McGorty
, 2004-NMCA-092, 136 N.M. 226, 96 P.3d 787.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross references.
— For the New Mexico Rules of Civil Procedure,
see
Rule 1-001 NMRA et seq.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-1 - Short title.

Chapter 40, Article 4C NMSA 1978 may be cited as the "Mandatory Medical Support Act".
History:
Laws 1990, ch. 78, § 1; 2003, ch. 287, § 1.
ANNOTATIONS
Cross references.
— For proceedings for the support of children,
see
40-4-7 NMSA 1978.
For creation of health care authority department,
see
9-8-4 NMSA 1978.
For designation of the health care authority department as the single state agency for the enforcement of child and spousal support obligations pursuant to Title IV D of the federal act,
see
27-2-27 NMSA 1978.
For the Minimum Healthcare Protection Act,
see
Chapter 59A, Article 23B NMSA 1978.
The 2003 amendment,
effective April 8, 2003, substituted "Chapter 40, Article 4C NMSA 1978" for "This act" at the beginning.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-2 - Purpose.

To ensure that children have access to quality medical care, it is the purpose of the Mandatory Medical Support Act to require parents to provide or purchase health care coverage for their minor children when such coverage is available.
History:
Laws 1990, ch. 78, § 2; 2003, ch. 287, § 2; 2007, ch. 165, § 2; 2021, ch. 20, § 5.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, after "provide or purchase", changed "health insurance coverage" to "health care coverage".
The 2007 amendment,
effective June 15, 2007, made the Mandatory Medical Support Act apply to parents whether or not they are responsible for the support of their minor children and eliminated the provision that parents provide dental insurance.
The 2003 amendment,
effective April 8, 2003, deleted "of divorced and separated parents" near the beginning, inserted "provide or" preceding "purchase health insurance", and deleted "through employers or unions" at the end.
Medical coverage alone not "child support."
— Child support obligation was not met merely by father's provision of medical insurance for child, where such coverage was required by this section, and was in addition to, not in lieu of, father's support obligations under the child support guidelines.
Sisneroz v. Polanco
, 1999-NMCA-039, 126 N.M. 779, 975 P.2d 392.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-5 - Order; proof of compliance; notice.

A. The medical support obligor shall provide to the medical support obligee within thirty days of receipt of effective notice of a court order for health care coverage pursuant to the Mandatory Medical Support Act written proof of the medical support obligor's compliance with that order. Compliance means either that the health care coverage has been obtained or that a correct and complete application for health care coverage has been made.
B. The medical support obligee shall forward a copy of the court order for health care coverage issued pursuant to the Mandatory Medical Support Act to the medical support obligor's employer or union only when ordered to do so by the court or when:
(1) the medical support obligor fails to provide written proof of compliance with the court order to the medical support obligee within thirty days of the medical support obligor's receipt of effective written notice of the court order;
(2) the medical support obligee serves by mail at the medical support obligor's last known post office address written notice on the medical support obligor of the medical support obligee's intent to enforce the order; and
(3) the medical support obligor fails to provide within fifteen days after the date the medical support obligee mailed the notice in Paragraph (2) of this subsection written proof to the medical support obligee that the medical support obligor has obtained the health care coverage ordered by the court or has applied for such coverage.
C. Upon receipt of a court order for health care coverage pursuant to the Mandatory Medical Support Act, the employer or union shall forward a copy of the order to the carrier or dental care coverage provider, as applicable.
History:
Laws 1990, ch. 78, § 5; 2007, ch. 165, § 5; 2021, ch. 20, § 8.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, changed former references of "health insurance" to "health care coverage", "dental care insurance" to "dental care coverage", and "health insurer" to "carrier" throughout.
The 2007 amendment,
effective June 15, 2007, eliminated references to dental insurance coverage and changed "obligee" and "obligor" to "medical support obligee" and "medical support obligor".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-7 - Health care coverage required.

Any health care coverage plan ordered for a minor child pursuant to the Mandatory Medical Support Act shall, at a minimum, meet minimum standards of acceptable coverage, deductibles, cost-sharing, lifetime benefits, out-of-pocket expenses, co-payments and plan requirements as set forth in regulations promulgated by the secretary of human services pursuant to the Mandatory Medical Support Act. To be an acceptable choice under that act, a health maintenance organization plan, in addition to meeting minimum standards, shall have a coverage area specified under the plan that includes the residential area of the minor child who is covered under the plan as an eligible dependent.
History:
Laws 1990, ch. 78, § 7; 2021, ch. 20, § 10.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, changed former references of "health insurance coverage" to "health care coverage", and after "deductibles", deleted "co-insurance" and added "cost-sharing".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-8 - Limitation on application.

No insurer, health maintenance organization or non-profit health care plan shall be required to change coverages offered as a result of the minimum standards promulgated pursuant to the Mandatory Medical Support Act. Nothing in the Mandatory Medical Support Act shall be construed as creating any regulatory authority over the business of insurance.
History:
Laws 1990, ch. 78, § 8.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-9 - Authorization for claims.

The signature of the custodial parent of the minor child insured pursuant to a court order or a directive issued by the department is a valid authorization to the health insurer or dental insurer for purposes of processing an insurance reimbursement payment.
History:
Laws 1990, ch. 78, § 9; 2003, ch. 287, § 6.
ANNOTATIONS
The 2003 amendment,
effective April 8, 2003, inserted "or a directive issued by the department" following "a court order".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-10 - Employer, union or carrier notice.

When an order for health care coverage pursuant to the Mandatory Medical Support Act is in effect, upon termination of the medical support obligor's employment or upon termination of the health care coverage, the employer, union or carrier shall make a good faith effort to notify the department and the other parent within ten days of the termination date with notice of conversion privileges.
History:
Laws 1990, ch. 78, § 10; 2003, ch. 287, § 7; 2007, ch. 165, § 7; 2021, ch. 20, § 11.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, changed former references of "health insurance coverage" to "health care coverage" and "insurer" to "carrier".
The 2007 amendment,
effective June 15, 2007, eliminated references to dental insurance coverage and changed "obligor" to "medical support obligor" and "obligee" to "department and the other parent".
The 2003 amendment,
effective April 8, 2003, substituted "union or insurer" for "or union" in the section heading and following "coverage, the employer".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-11 - Release of information.

When an order for health care coverage pursuant to the Mandatory Medical Support Act is in effect, the medical support obligor's employer, union or carrier shall release to the other parent, upon request, information on such coverage, including the name of the carrier.
History:
Laws 1990, ch. 78, § 11; 2003, ch. 287, § 8; 2007, ch. 165, § 8; 2021, ch. 20, § 12.
ANNOTATIONS
The 2021 amendment,
effective July 1, 2021, changed former references of "health insurance coverage" to "health care coverage" and "insurer" to "carrier".
The 2007 amendment,
effective June 15, 2007, eliminated references to dental insurance coverage and changed "obligor" to "medical support obligor" and "obligee" to "other parent".
The 2003 amendment,
effective April 8, 2003, substituted "union or insurer" for "or union" following "the obligor's employer".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-12 - Medical support obligor liability.

A. A medical support obligor who fails to maintain the health care coverage for the benefit of a minor child as ordered pursuant to the Mandatory Medical Support Act shall be liable to the other parent for any medical and dental expenses incurred from the date of the court order.
B. A medical support obligor who receives payment from a third party for the costs of medical or dental services provided to a minor child and who fails to use the payment to reimburse the department is liable to the department to the extent of the department's payment for the services. The department is authorized to intercept the obligor's tax refund, if the medical support obligor is a noncustodial parent, or use other means of enforcement available to the department to recoup amounts paid. Claims for current or past due child support take priority over any claims made pursuant to this subsection. Failure to maintain health care coverage as ordered constitutes a showing of increased need and provides a basis for modification of the medical support obligor's child support order.
C. A medical support obligor is required to provide the department with the following information concerning health care coverage:
(1) medical support obligor's name and tax identification number;
(2) type of coverage (single or family);
(3) name, address and identifying number of health care coverage;
(4) name and tax identification number of other individuals who are provided health care coverage by the medical support obligor;
(5) effective period of coverage; and
(6) name, address and the tax identification number of the employer.
History:
Laws 1990, ch. 78, § 12; 1994, ch. 76, § 6; 2003, ch. 287, § 9; 2007, ch. 165, § 9; 2021, ch. 20, § 13; 2023, ch. 107, § 4.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised a provision related to a medical support obligor's liability when the medical support obligor fails to maintain the health care coverage for the benefit of a minor child; and in Subsection A, after "liable to", deleted "the department or".
The 2021 amendment,
effective July 1, 2021, changed former references of "health insurance coverage" to "health care coverage".
The 2007 amendment,
effective June 15, 2007, eliminated references to dental insurance coverage; changed "obligor" to "medical support obligor" and "obligee" to "department or other parent"; and authorized the department to intercept tax refunds if the medical support obligor is a noncustodial parent.
The 2003 amendment,
effective April 8, 2003, substituted "An" for "The" at the beginning of Subsection A; in Subsection B, inserted "or use other means of enforcement available to the department" following "obligor's tax refund", inserted "coverage" following "or dental insurance"; and substituted "An" for "If the department is the obligee, the" at the beginning of Subsection C.
The 1994 amendment,
effective March 4, 1994, inserted the language beginning "An obligor" preceding "Proof of failure" in Subsection B, and added Subsection C.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-13 - Department; duties.

The department shall pursue the establishment and enforcement of an order for health care coverage of a minor child upon application of a custodial or noncustodial parent to the department and payment by the custodial or noncustodial parent of fees required by the department.
History:
Laws 1990, ch. 78, § 13; 1994, ch. 76, § 7; 2003, ch. 287, § 10; 2007, ch. 165, § 10; 2021, ch. 20, § 14; 2023, ch. 107, § 5.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the department of human services' duties related to pursuing the establishment and enforcement of an order for health care coverage of a minor child; and after "health care coverage", deleted "when" and added "of", and after "minor child", deleted "receives public assistance or medicaid or".
The 2021 amendment,
effective July 1, 2021, changed former references of "health insurance coverage" to "health care coverage".
The 2007 amendment,
effective June 15, 2007, eliminated references to dental insurance coverage and required the department to take enforcement action against custodial and noncustodial parents.
The 2003 amendment,
effective April 8, 2003, inserted "or medicaid" following "receives public assistance".
The 1994 amendment,
effective March 4, 1994, deleted "human services" following "required by the" at the end of the section.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 4C - Mandatory Medical Support › Section 40-4C-14 - Enforcement.

All remedies available for the collection and enforcement of child support apply to medical support ordered pursuant to the Mandatory Medical Support Act. For the purpose of enforcement, the costs of individual or group health or hospitalization coverage or liabilities established pursuant to Section 40-4C-12 NMSA 1978 shall be included in a medical support judgment.
History:
Laws 1990, ch. 78, § 14; 2007, ch. 165, § 11.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, provided that health or hospitalization coverage or liabilities established pursuant to Section 40-4C-12 NMSA be included in a medical support judgment.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5 - Illegitimacy and Support (Repealed.) › Section 40-5-1 to 40-5-26 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1985, ch. 105, § 21 and Laws 1986, ch. 47, § 25 repealed 40-5-1 to 40-5-26 NMSA 1978, as enacted and amended by Laws 1923, ch. 32, §§ 9, 11 to 14, 17 to 20, 25 and 27, Laws 1969, ch. 100, § 1, Laws 1973, ch. 103, and Laws 1977, ch. 119, § 1, relating to illegitimacy and support.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-1 - Short title.

This act [40-5A-1 to 40-5A-13 NMSA 1978] may be cited as the "Parental Responsibility Act".
History:
Laws 1995, ch. 25, § 1.
ANNOTATIONS
Cross references.
— For the State Directory of New Hires Act,
see
50-13-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 5A - Parental Responsibility › Section 40-5A-2 - Purpose.

The purpose of the Parental Responsibility Act is to require:
A. parents to eliminate child support arrearages in order to be issued, maintain or renew a license; and
B. compliance with, after receiving appropriate notice, subpoenas or warrants relating to paternity or child support, which will subsequently reduce both the number of children in New Mexico who live at or below the poverty level and the financial obligation that falls to the state when parents do not provide for their minor children.
History:
Laws 1995, ch. 25, § 2; 1997, ch. 237, § 25; 1998, ch. 53, § 1.
ANNOTATIONS
The 1998 amendment,
effective March 9, 1998, deleted "to require" in Subsections A and B, and substituted "be issued, maintain or renew a license" for "maintain a professional, occupational or recreational license, including but not limited to a hunting, fishing or trapping license, and a driver's license" in Subsection A.
The 1997 amendment,
effective April 11, 1997, designated the existing language as Subsections A and B, inserted "or recreational license, including but not limited to a hunting, fishing or trapping license, and a driver's" at the end of Subsection A, and added the language beginning "to require" and ending "child support," to the beginning of Subsection B, and made minor stylistic changes in the section.