reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.13 - DOMESTIC VIOLENCE SAFEGUARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Responding interstate cases: In all responding interstate cases (cases sent to
				the Title IV-D agency by another jurisdiction for the establishment or
				enforcement of a support obligation), the Title IV-D agency should review the
				documents received from the child support agency in the other jurisdiction to
				determine if the case has been noted as a non-disclosure case. If the case is a
				non-disclosure case, then the Title IV-D agency, in accordance with NMSA 1978,
				Section
				40-6A-312
				shall:
(1) prepare appropriate documents
				requesting the temporary sealing of the court file;
(2) upon issuance by the state district court
				of the temporary order sealing court file and notice of hearing, as
				appropriate, serve the non-custodial parent with redacted copies of all
				pleadings and attachments; the Title IV-D agency shall redact all addresses,
				telephone numbers, and social security numbers for the custodial party and the
				child(ren) in the initiating jurisdiction;
(3) at the hearing on sealing of the court
				file, inform the custodial party that he or she shall testify as to why the
				court's file should be permanently sealed to prevent the disclosure of contact
				information for the custodial party and the child(ren);
(4) if the court enters an order permanently
				sealing the court file, only forward to the non-custodial party documents that
				have all contact information for the custodial party and the child(ren)
				redacted.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.14 - FOREIGN CURRENCY CONVERSION

Current through Register Vol. 35, No. 13, July 16, 2024
If there is a need to convert the support or judgment amounts
				  into foreign currency, refer to
				  8.50.117.9
				  NMAC for the Title IV-D agency's process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the Title IV-D agency and
				  recipients of IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 et seq., NMSA 1978.
				  The health care authority (HCA) is designated as the single state agency for
				  the enforcement of child and spousal support obligations pursuant to Title IV-D
				  of the Social Security Act (42 USC 651 et. seq.). Section
				  9-8-1 et seq. NMSA 1978 establishes the health care authority as a single,
				  unified department to administer laws and exercise functions relating to health
				  care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.8 - CHILD SUPPORT PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The IV-D agency
				has in effect procedures for the payment of support through the IV-D agency
				upon the request of either the non-custodial party or the custodial party,
				regardless of whether arrearages exist or withholding procedures have been
				instituted. The IV-D agency is designated to administer the state's withholding
				system. The IV-D agency monitors all amounts paid and the dates of payments and
				records them on an individual payment record. As a condition of receiving IV-D
				services and cooperating with the IV-D agency, recipients must submit to the
				IV-D agency child support received directly from the non-custodial party. If
				the recipient of title XIX (medicaid) services elects to receive medical
				support services only, the recipient of title XIX (medicaid) services may keep
				child support payments received directly from the payor.
B. All support payments disbursed by the IV-D
				agency shall be through electronic funds transfer (EFT). The custodial party
				must elect to receive the payments via direct deposit or a pre-paid debit card
				authorized by the IV-D agency. If a custodial party receiving support payments
				fails to choose either option at the time of application or when requested by
				the IV-D agency, they will automatically be enrolled in the IV-D authorized
				pre-paid debit card program and will be sent a fee schedule. Exceptions to
				disbursements via EFT may be granted for exceptional circumstances. Those
				wishing to request an exemption should request an "EFT exemption form" from the
				IV-D agency. The form must be fully completed to include an explanation of the
				exceptional circumstances requiring an exemption from EFT. The IV-D agency will
				respond in writing either granting or denying the request for an
				exemption.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.9 - STATE DISBURSEMENT UNIT

Current through Register Vol. 35, No. 13, July 16, 2024
The state IV-D agency has established and operates a state
				  disbursement unit (SDU) for the collection and disbursement of payments in all
				  IV-D cases pursuant to
				  42 USC
				  654(a).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.10 - COLLECTION OF FEES/RECOUPMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico is a cost recovery state, and other states' IV-D
				  agencies have been notified of this fact. All fees charged to the custodial
				  party are deducted from payments the IV-D agency distributes to the custodial
				  party. The amount the IV-D agency deducts from each payment will not exceed ten
				  percent of the total amount of the distribution. Once the percentage for the
				  fee is deducted, the balance of the distribution is sent to the custodial
				  party. Title IV-A, Title IV-E and medicaid-only (Title XIX) recipients are not
				  charged any fees. Federal regulations will not allow cost recovery on these
				  cases. A listing of any applicable fees will be given to all customers.
A. Potential fee types:
(1) non-IV-D wage withholding payment
				processing only: actual cost;
(2)
				non-IV-A full service IRS collection: actual cost;
(3) paternity genetic testing: actual
				cost;
(4) non-IV-A/IV-E case
				processing: actual cost;
(5) filing
				fee: actual cost;
(6) witness fee:
				actual cost;
(7) service of
				process: actual cost;
(8) expert
				witness fee: actual cost;
(9) court
				costs: actual cost;
(10)
				establishment of support order and paternity (if necessary): actual
				cost;
(11) order modification:
				actual cost
(12) enforcement
				actions: actual cost;
(13) IRS tax
				intercept service: actual cost per intercept;
(14) TRD tax intercept service: actual cost
				per intercept;
(15) administrative
				offset: applicable federal fee;
(16) parental kidnapping locator fee: actual
				cost;
(17) bad check: actual
				cost;
(18) recoupment: actual
				cost.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.11 - DISTRIBUTION OF COLLECTIONS (EXCEPT FOR FEDERAL INCOME TAX REFUND OFFSETS)

Current through Register Vol. 35, No. 13, July 16, 2024
Specific terms used in this section are derived from
				  42 USC
				  657 and 45 CFR 300 through 303.
A. In accordance with federal regulations,
				for purposes of distribution in a IV-D case, amounts collected, except for
				amounts collected through federal income tax refund offset, must be distributed
				as follows:
(1) monthly payment ordered for
				current ongoing support;
(2)
				monthly payment ordered for judgment on arrears;
(3) current support delinquency;
(4) past due support delinquency;
(5) in each of the categories above, the
				payment is prioritized in the following order: child support, medical support,
				spousal support; any payment that is insufficient to meet the entire obligation
				will be applied in the order stated above.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.12 - DISTRIBUTION OF COLLECTIONS THROUGH FEDERAL INCOME TAX REFUND OFFSET

Current through Register Vol. 35, No. 13, July 16, 2024
Any amount of support collected through federal income tax
				  refund offset may be retained by the state to the extent support arrearages
				  have been assigned to the state up to the amount necessary to reimburse the
				  state for cumulative amounts paid to the family as assistance by the state. The
				  state will pay to the federal government the federal share of the amounts so
				  retained. To the extent the amount collected exceeds the amount required to be
				  retained, the state will pay the excess to the family.
A. Current assistance cases: Support
				collections through federal income tax refund offsets in current assistance
				cases are retained by the state up to the cumulative amount of unreimbursed
				assistance paid to the family. Collections over and above the cumulative amount
				of unreimbursed assistance are paid to the family. The order in which
				collections are applied to satisfy assigned and unassigned arrearages in
				current assistance cases differ by state.
(1)
				For collections made prior to January 23, 2023 the state of New Mexico has
				selected the following option:
(a) collections
				will first be applied to temporarily assigned arrearages or conditionally
				assigned arrearages;
(b) additional
				collections will be applied to permanently assigned arrearages; and
(c) additional collections will be applied to
				never assigned arrearages, unassigned pre-assistance arrearages and unassigned
				during assistance arrearages.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.13 - CURRENT ASSISTANCE PASS THROUGH PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
At the discretion of the New Mexico legislature, the IV-D
				  agency may disburse an amount based on budget availability (refer to NMSA
				  §
									27-2B-7
				  and disregard for child support payments in
				  8.102.520.9 NMAC
				  for allowable amount), to the IV-A service recipient from collections on
				  current support. Under no circumstances is a current or former IV-A recipient
				  entitled to receive said amount as part of the arrearages owed to them. The
				  disbursement to the custodial party, up to the maximum amount, shall only be
				  made if the recipient is currently receiving TANF and the IV-D agency collects
				  a payment from the non-custodial party. If the non-custodial party pays less
				  than the maximum amount allowed to pass through, the custodial party shall only
				  receive the amount of the payment collected. Neither the IV-D agency nor the
				  IV-A agency will pay the difference to the custodial party between the maximum
				  pass through amount and the amount paid by the non-custodial party. If the
				  custodial party has more than one IV-D case, they will only receive the lower
				  of the amount of the maximum disregard or the current monthly collection
				  received on all cases. A pass through payment is in addition to, not in lieu
				  of, the monthly TANF payment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.14 - DISTRIBUTION OF COLLECTIONS IN TITLE IV-E FOSTER CARE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
Amounts collected as support in Title IV-E foster care cases
				  will be distributed in accordance with
				  45
				  CFR 302.52.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.15 - ASSIGNED MEDICAL SUPPORT COLLECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency is not pursuing cash medical support on cases
				  in which the child(ren) receives health care coverage through a public
				  entity.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.16 - CHILD LEVEL ACCOUNTING

Current through Register Vol. 35, No. 13, July 16, 2024
An application for public assistance by any person
				  constitutes an assignment by operation of law of any support rights the person
				  is entitled to from any other person, whether the support rights are owed to
				  the applicant or to any family member for whom the applicant is applying for or
				  receiving assistance. Therefore, in current or former assistance cases, the
				  IV-D agency may not use child-level accounting by splitting or pro-rating the
				  family grant amount on a per-child basis when the child is (or was) included in
				  the family unit and must continue to apply collections to the cumulative amount
				  of unreimbursed assistance balances based on the total monthly family grant
				  amount.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.17 - CHILD SUPPORT RECEIVED DIRECTLY FROM PAYORS

Current through Register Vol. 35, No. 13, July 16, 2024
As a condition of receiving IV-D services, all recipients
				  must submit to the IV-D agency all court ordered, voluntary agreement and
				  voluntary contribution child support directly received from the non-custodial
				  party. Failure to cooperate with this requirement may constitute cause for
				  closing the IV-D case for non-cooperation. If the recipient of IV-D services
				  elects to receive medical support services only, the recipient of IV-D services
				  may keep child support payments received directly from the
				  payor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.18 - CHILD SUPPORT COLLECTED FOR MEDICAID REFERRALS

Current through Register Vol. 35, No. 13, July 16, 2024
A medicaid only recipient, for whom an assignment of support
				  rights is in effect, must receive medical support services but may choose to
				  receive full services. If the recipient elects to receive full services, the
				  recipient is required to turn over all child support received, to be
				  distributed in accordance with federal and state regulations. If the recipient
				  elects to receive only medical support services, the recipient may keep child
				  support payments received directly from the payor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.19 - CHILD SUPPORT CASE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency provides two types of case services: full
				  service and payment processing only.
A. Full services cases: Recipients of IV-A
				services are automatically enrolled for full services and recipients of title
				XIX may elect to receive full services for all support or solely for medical
				support. Full services cases include all services listed below as specific
				services may not be selected. Applicants not receiving any type of public
				assistance may also request full services that include:
(1) establishment of paternity;
(2) establishment of a child support order,
				medical support order, or both;
(3)
				enforcement of [a] child support orders, spousal support orders (so long as
				there is a current order for child support), and medical support
				orders;
(4) administrative
				enforcement of orders, including but not limited to referrals for tax
				intercepts, passport denial, license revocation, and financial institution data
				match;
(5) issuance of wage
				withholding against a non-custodial party's earnings/wages for support
				obligations; and
(6) modification
				of child support orders, if appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 125 - FEES, PAYMENTS, AND DISTRIBUTIONS › Section 8.50.125.20 - ISSUANCE OF REPLACEMENT WARRANTS

Current through Register Vol. 35, No. 13, July 16, 2024
If a custodial party or non-custodial parent claims that a
				  warrant issued to them has not been received, a replacement warrant shall be
				  issued only if the original warrant has not been redeemed or at the discretion
				  of the IV-D agency. If the IV-D agency determines that a replacement warrant
				  will be issued, any warrants that were fraudulently redeemed shall be reported
				  by the intended recipient to the proper authorities as a pre-condition for the
				  issuance of a replacement warrant. An unredeemed warrant is subject to the
				  undistributed collections process, see 8.50.132 NMAC. The IV-D agency will
				  replace a warrant that it can confirm was not redeemed and has not escheated to
				  the IV-D agency through the undistributed collections process. If the IV-D
				  agency is unable to confirm that a warrant has been redeemed due to the length
				  of time that has passed since the warrant was issued, the IV-D agency will deny
				  the request for a replacement warrant.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 129 - CASE MANAGEMENT › Section 8.50.129.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, NMSA 1978, Section 27-2-27. The health
				  care authority (HCA) is designated as the single state agency for the
				  enforcement of child and spousal support obligations pursuant to Title IV-D of
				  the Social Security Act (42
				  USC 651 et. seq.). Section 9-8-1 et seq. NMSA
				  1978 establishes the health care authority as a single, unified department to
				  administer laws and exercise functions relating to health care facility
				  licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 129 - CASE MANAGEMENT › Section 8.50.129.8 - CASE RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency maintains electronic and physical records
				  necessary for the proper and efficient operation of the
				  program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 129 - CASE MANAGEMENT › Section 8.50.129.9 - RETENTION OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Records will be retained in accordance with the state's
				  retention schedule for the human services department at 1.18.630
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 129 - CASE MANAGEMENT › Section 8.50.129.10 - SUSPENSION OF CASES

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico IV-D cases may be suspended when it is not
				  possible to proceed with the case and the case does not meet federal closure
				  criteria.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 129 - CASE MANAGEMENT › Section 8.50.129.11 - CLOSURE OF CASES

Current through Register Vol. 35, No. 13, July 16, 2024
IV-D cases may be closed if they meet the federal case
				  closure criteria in
				  45 CFR
				  303.11 or they were opened in
				  error.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the Title IV-D agency and
				  recipients of Title IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 et seq., NMSA 1978.
				  The health care authority (HCA) is designated as the single state agency for
				  the enforcement of child and spousal support obligations pursuant to Title IV-D
				  of the Social Security Act (42 USC 651 et. seq.). Section
				  9-8-1 et seq. NMSA 1978 establishes the health care authority as a single,
				  unified department to administer laws and exercise functions relating to health
				  care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.8 - ADMINISTRATIVE HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative hearings will be provided by the Title IV-D
				  agency in the following situations:
A.
				an obligor requests a review pertaining to income withholding, consumer
				reporting, an adverse administrative order, eferral for federal tax intercept,
				referral for state tax intercept, referral for passport denial, referral for
				administrative offset, lien on lottery winnings, lien on gaming winnings, or a
				FIDM referral;
B. any IV-A
				recipient or former IV-A recipient who believes the recipient is entitled to
				part or all of a support payment that was made to the Title IV-D agency but not
				disbursed to the recipient;
C. an
				obligor's spouse who requests the refund of more than one-half of a state tax
				intercept; and
D. an owner as
				defined in
				8.50.132.7 NMAC who
				is claiming an interest in undistributed collections.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.9 - IN GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				process provides the appellant notice and an opportunity to assert the
				appellant's claim.
B. Hearing
				appellant: A hearing "appellant" for the purpose of these regulations is any
				obligor, obligor's spouse (only in cases involving a state tax intercept), or
				obligee requesting and entitled to a review.
C. Appellant's rights: the right to a hearing
				includes the right:
(1) to be advised of the
				nature and availability of a hearing;
(2) to safeguards of the appellant's
				opportunity to present a case;
(3)
				to have prompt notice and implementation of the decision based upon the hearing
				results; and
(4) to be advised that
				if the appellant is not in agreement with the administrative hearing result, a
				judicial review may be invoked to the extent such review is available under
				state law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.10 - NOTICE OF ADMINISTRATIVE ENFORCEMENT ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notices to obligor of referral to
				tax-offset program: The IV-D agency or federal office of child support
				enforcement sends written notice to inform an obligor that due to the amount of
				the obligor's past-due support the obligor will be referred for a tax refund
				offset. One or more of the following notices is sent:
(1) FMS pre-offset notice
				(obligor);
(2) taxation and revenue
				department pre-offset notice (obligor);
(3) taxation and revenue department
				pre-offset notice (injured spouse);
(4) IRS notice of offset; and
(5) taxation and revenue department final
				distribution notice.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.11 - TIME FRAMES FOR REQUESTING AN ADMINISTRATIVE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In all cases where a time frame is not specifically provided,
				  the appellant has 15 calendar days following the date of mailing of notice by
				  the Title IV-D agency to submit a written request for an administrative
				  hearing. The appellant has 30 days from the date on the pre-offset notice to
				  request a hearing. In order to be considered timely, the request for a hearing
				  on a pre-offset notice must be received by the Title IV-D agency no later than
				  the close of business on the 30th day, or the next
				  business day if the 30th day is a weekend or
				  federally recognized holiday.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.12 - CONTESTING TAX REFUND INTERCEPT IN INTERSTATE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If an appellant requests an administrative
				hearing the administrative law judge will send a notice of acknowledgment to
				the appellant and to the respective Title IV-D agency worker. The notice and
				acknowledgement shall include a statement regarding the timeliness of the
				request for hearing. In non-Title IV-A cases, the Title IV-D agency shall
				notify the custodial party of the time and place of the administrative hearing.
				The Title IV-D agency worker shall be available to testify at the
				administrative hearing.
B. If the
				appeal concerns an IRS joint tax refund that has not yet been intercepted, the
				appellant is informed that the IRS will notify the injured spouse at the time
				of intercept regarding the steps to take to secure his or her proper share of
				the refund. If the appeal concerns a joint tax refund that has already been
				intercepted, the injured spouse is referred to the IRS to seek
				resolution.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.13 - CONTESTING TAX REFUND INTERCEPT IN RESPONDING INTERSTATE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
Administrative hearing requests are referred to the central
				  registry in the responding state if the obligor requests a hearing in that
				  state.
A. When the obligor, after
				receiving the FMS offset notice from the other state, contacts the Title IV-D
				agency worker, the worker may refer the obligor to the state that issued the
				notice. However, if the obligor contacts the Title IV-D agency as the last
				resort because he or she cannot get assistance from the other state, the worker
				may contact the other state, or refer the obligor to central registry and
				central registry staff will contact the other state.
B. If a request from the obligor for an
				administrative hearing in New Mexico is received and the case was submitted
				based on another state's order, a review of the arrearage computation submitted
				for tax intercept and the underlying documentation, and any new evidence
				provided by the appellant is completed, and an attempt is made to resolve the
				complaint. If the complaint cannot be resolved by the Title IV-D agency worker
				and the obligor requests an administrative hearing in the initiating state, the
				other state is notified by the New Mexico Title IV-D agency of the request and
				all necessary information is provided within 10 days of the obligor's request
				for an administrative hearing.
C.
				The initiating state is responsible for all procedures required for conducting
				a hearing within that state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.14 - CONTESTING THE DENIAL OF PAYMENT OF AN UNDISTRIBUTED COLLECTION

Current through Register Vol. 35, No. 13, July 16, 2024
An owner who is claiming an interest in an undistributed
				  collection has 30 calendar days following the date that the Title IV-D agency
				  denied payment of the undistributed collection to submit a written request for
				  an administrative hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.15 - INITIATION OF HEARING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A request for hearing must be made in writing.
B. The administrative law judge shall
				acknowledge, in writing, the receipt of a written hearing request, and shall
				provide the appellant with written acknowledgment of the receipt.
C. Upon the request of the appellant, the
				Title IV-D staff shall assist in the preparation of a notice of hearing. The
				notice of hearing will be signed by the appellant.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.16 - DENIAL/DISMISSAL OF REQUEST FOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The administrative law judge may deny or
				dismiss a request for hearing when:
(1) the
				request is not received within the specified time period;
(2) the situation has been
				resolved;
(3) the request is not
				made in writing; or
(4) a written
				withdrawal of request for hearing is received from the appellant, or a written
				agreement settling all issues is approved by all parties and is submitted to
				the administrative law judge.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.17 - NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
As early as possible and not less than 15 days prior to the
				  hearing, written notice is sent by the administrative law judge to all parties
				  involved in the hearing. The notice shall set forth the time, date and place of
				  the hearing. Arrangements will be made to ensure that the hearing process is
				  accessible to and accommodates the appellant, as long as the appellant provides
				  at least 10 days advance notice to the administrative law judge of the need for
				  reasonable accommodations. The notice of hearing includes an explanation of the
				  hearing process and limitation of the scope of the hearing, the procedures to
				  be followed during the hearing, and notification that the appellant should be
				  ready to produce any required witnesses at the hearing or secure legal counsel
				  prior to the hearing. The appellant is told that neither the department nor the
				  Title IV-D agency will pay for any representation or legal counsel for
				  appellant or for any hearing costs. The issuance of a notice of hearing by the
				  administrative law judge shall act to stay the administrative action, pending
				  the issuance of a ruling.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.18 - APPELLANT'S RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
The appellant is given adequate opportunity to review and
				  present evidence that is within the scope of the hearing.
A. The appellant may examine all documents to
				be used at the hearing prior to the date of the hearing, as well as during the
				hearing. If requested, the Title IV-D staff will provide copies of the portions
				of the case file that are relevant to the hearing. Confidential information
				that is protected from release and other documents or records that the
				appellant will not otherwise have an opportunity to challenge will not be
				introduced at the hearing or affect the administrative law judge's
				decision.
B. The appellant may
				present his or her case or have it presented by a representative.
C. The appellant may bring witnesses to
				present information that he or she believes is relevant to the case.
D. The appellant may advance relevant
				arguments without undue interference.
E. The appellant may confront and
				cross-examine adverse witnesses.
F.
				The appellant may submit relevant evidence to support pertinent facts and
				defenses in the case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.19 - TITLE IV-D AGENCY RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure an appellant's rights during the hearing process,
				  the Title IV-D agency shall:
A. make
				available, in a timely manner, without charge, the case documents (excluding
				any privileged, safeguarded or confidential information) necessary for an
				appellant or representative to determine whether a hearing should be requested
				or to prepare for a hearing;
B.
				provide an interpreter if the appellant requests one;
C. provide reasonable accomodations, if
				requested in advance; and
D.
				prepare a summary of evidence to include all documents to be presented by the
				Title IV-D agency at the hearing and all documents should be provided to the
				appellant, or his or her representative, by the Title IV-D agency at least 10
				days prior to the hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.20 - PRE-HEARING ACTIVITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Preliminary conference: A preliminary conference may be scheduled prior to the
				hearing to discuss the issues concerning the hearing. The preliminary
				conference is held between the Title IV-D agency worker, the appellant, the
				Title IV-D attorney if an attorney is representing the appellant and the
				appellant's representative, as applicable. The administrative law judge is not
				involved and will not participate in the preliminary conference. This
				conference may provide an opportunity to resolve the dispute. A preliminary
				conference may lead to an informal resolution of the dispute. However, a
				hearing shall still be held unless the appellant makes a written withdrawal of
				his or her request for a hearing. If a written withdrawal is received by the
				Title IV-D agency worker, it must be forwarded to the administrative law judge.
				Appellants are advised that the preliminary conference is optional and that it
				will not delay or replace the hearing process.
B. The purposes of the pre-hearing conference
				include, but are not limited to:
(1)
				clarification, formulation and simplification of issues;
(2) resolution of some or all
				issues;
(3) exchange of documents
				and information;
(4) review of any
				audit findings; and
(5) discussion
				of other matters that might help dispose of any of the pending
				issues.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.21 - CONDUCT OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Conduct of a
				hearing is as follows:
(1) all hearings are
				conducted telephonically;
(2) the
				hearing is not open to the public;
(3) the administrative law judge identifies
				for the record all persons present at the hearing; and
(4) the administrative law judge takes
				administrative notice of those matters the same as state courts take judicial
				notice of, including the Title IV-D agency's policies and procedures.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.22 - DECISION MAKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authority:
				The hearing decision is based only on the evidence introduced and admitted by
				the administrative law judge during the hearing. This includes the record of
				the testimony, all reports, documents, forms, etc., made available at the
				hearing, provided that the appellant was given an opportunity to examine them
				as part of the hearing process.
B.
				Written decision: The administrative law judge will issue a written decision
				within 20 business days after the hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.23 - IMPLEMENTATION OF DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The administrative law judge's decision is final and binding
				  on all issues within the scope of a hearing and that have been the subject of a
				  hearing, unless stayed by an appeal or a district court order.
A. Decision favorable to appellant regarding
				offsets:
(1) If the administrative hearing
				results in a deletion of, or decrease in, the amount referred for tax
				intercept, the tax intercept unit notifies the OCSE within 10 business days of
				the administrative hearing.
(2) If,
				as a result of the administrative hearing, an amount which has already been
				offset is found to have exceeded the amount of past-due support owed, the
				TitleIV-D agency refunds the excess amount to the obligor promptly, and reports
				the refund to the OCSE. In joint return cases, the refund check is made payable
				to both parties.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.24 - RIGHT OF APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
Either party has the right to judicial review of the
				  administrative law judge's decision or a denial of a hearing issued pursuant to
				  8.50.130.15
				  NMAC, unless a written withdrawal of request for hearing was signed by the
				  appellant. If a hearing decision is in favor of the Title IV-D agency,
				  appellant is notified of the right to pursue judicial review at the time of the
				  decision.
A. Timeframes for appealing
				decision: Within 30 days after the date on the administrative law judge's
				decision, an appellant or the Title IV-D agency may appeal by filing an
				appropriate action for judicial review with the clerk of the appropriate
				district court, and filing a copy with the Title IV-D administrative law
				judge.
B. Record sent to district
				court: All appeals to the district court are on the record made at the hearing.
				The administrative law judge files one copy of the hearing record with the
				clerk of the appropriate district court and furnishes one copy to the appellant
				within 20 days after receipt of the notice of appeal.
C. Stay pending appeal: An appeal to the
				state district court shall act as a stay of the underlying administrative
				action, pending the court's ruling.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 130 - ADMINISTRATIVE HEARINGS › Section 8.50.130.25 - STATE DIRECTORY OF NEW HIRES PENALTY ASSESSMENT HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The human services department, Title IV-D agency, has
				  established a hearing process that provides for impartial review of New Mexico
				  state directory of new hires claims against non-complying employers. (45 USC
				  653(d)) . For purposes of these regulations, an employer requesting a hearing
				  is referred to as an appellant.
A.
				Appellant eligibility: The Title IV-D agency established a hearing process for
				any individual who meets the following criteria:
(1) any employer who believes he or she has
				been erroneously assessed penalties; and
(2) who has been unable to resolve this issue
				with the New Mexico state directory of new hires representative at a
				preliminary conference.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 131 - PENALTIES › Section 8.50.131.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, NMSA 1978, Section 27-2-27. The health
				  care authority (HCA) is designated as the single state agency for the
				  enforcement of child and spousal support obligations pursuant to Title IV-D of
				  the Social Security Act (42
				  USC 651 et. seq.). Section 9-8-1 et seq. NMSA
				  1978 establishes the health care authority as a single, unified department to
				  administer laws and exercise functions relating to health care facility
				  licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority - Child Support Services
				  Division.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the Title IV-D agency and
				  recipients of IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Paragraph (5) of Subsection A of
				  Section 27-2-27 NMSA 1978. The health care authority (HCA) is designated as the
				  single state agency for the enforcement of child and spousal support
				  obligations pursuant to Title IV-D of the Social Security Act (42 USC
				  651 et. seq.). Section 9-8-1 et seq. NMSA
				  1978 establishes the health care authority as a single, unified department to
				  administer laws and exercise functions relating to health care facility
				  licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 30, 2010, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes relating to unclaimed child, spousal or medical
				  support payments the following definitions will apply.
A. "Department" is the New Mexico human
				services department, child support enforcement division (also known as the
				Title IV-D agency or IV-D agency).
B. "Owner" means a person who has a legal
				interest in property. In cases where support is due and owing, the owner is the
				custodial party. In cases where support is fully satisfied and the IV-D agency
				has excess funds on hold, the owner is the obligor. If support is received from
				an employer, and there is no information regarding the custodial or
				non-custodial party, the owner is the employer until such time that a custodial
				or non-custodial party can be identified.
C. "Support" means money (including a check,
				draft, deposit, interest, overpayment, refund or credit), real or personal
				property, or other assets held, received, or seized pursuant to an order to pay
				child support, spousal support (alimony) or medical support.
D. "Unclaimed" means that no person to whom
				to deliver the support received or seized by the department can be located or
				identified. "Unclaimed" also includes situations when the custodial party,
				non-custodial party, or child(ren) are deceased and no claimant comes forward
				after notice is sent to the last known address or last known employer of the
				custodial party and non-custodial party. Money distributed to a custodial party
				via electronic funds transfer is not subject to being unclaimed property in
				possession of the IV-D agency once it is distributed to an account.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.8 - EFFORTS TO LOCATE

Current through Register Vol. 35, No. 13, July 16, 2024
Before support may be declared unclaimed by the department,
				  the department shall make reasonable attempts to locate the owner. These
				  attempts shall include the following:
A. If there is no case or payee identified in
				the support transmittal, the department shall attempt to ascertain the case to
				which property should be applied through any documents accompanying the
				payment.
B. If unable to ascertain
				the case to which the support should be applied, the department shall attempt
				to contact the person, if any, named in the return address on the mailing
				envelope by mailing a notice of intent to declare property unclaimed to the
				return address.
C. If the owner has
				moved or support cannot be delivered to the owner's last known address on file
				with the IV-D agency, the IV-D agency will utilize standard locate resources
				(per 8.50.106 NMAC) to determine if a current address or employer can be
				obtained for the owner. If use of standard locate resources is unsuccessful,
				the department shall mail notice of intent to declare support unclaimed to the
				owner's last known home and employer's address, if the address is on file with
				the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 132 - UNCLAIMED CHILD, SPOUSAL OR MEDICAL SUPPORT › Section 8.50.132.9 - NOTICE OF ABANDONMENT OF UNCLAIMED SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. If, after thirty six (36) months from the
				date the support is paid to the department, the department is unable to
				disburse a payment to the owner because of failure to locate, the department
				shall send a notice indicating that the unclaimed support shall revert to the
				department unless the owner files a claim within thirty (30) days from the date
				of the notice.
B. Support not
				claimed within the timeframe described in subsection A above will be deemed as
				"unclaimed" support and will be distributed to the department. In cases where
				the custodial party is owed the support and fails to claim the support, the
				non-custodial party will receive credit for the amount of support
				paid.