New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 113 - ENFORCEMENT OF SUPPORT OBLIGATIONS FROM FEDERAL EMPLOYEES INCLUDING MEMBERS OF THE ARMED SERVICES › Section 8.50.113.8 - AUTHORITY TO COLLECT SUPPORT FROM FEDERAL EMPLOYEES INCLUDING MEMBERS OF THE ARMED SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with federal regulations, the IV-D agency may
				  secure and enforce support obligations from federal employees and members of
				  the armed forces through income withholding, garnishment, and similar
				  proceedings. Monetary amounts due from, or payable by, the United States or the
				  District of Columbia for employment (including any agency, subdivision, or
				  instrumentality thereof) to any individual, including members of the armed
				  forces of the United States, will be subject, in like manner and to the same
				  extent as if the United States or the District of Columbia were a private
				  person, to withholding in accordance with state law, and to any other legal
				  process brought by the IV-D agency to enforce the legal obligation of the
				  individual to provide child support, medical support, or spousal support. (
				  42
				  USC 659 ).
A. Requirements applicable to private person:
				With respect to notices to withhold income or any other order or process to
				enforce support obligations against an individual, (if the order or process
				contains or is accompanied by sufficient data to permit prompt identification
				of the individual and the amounts involved), each governmental entity specified
				above will be subject to the same requirements as would apply if the entity
				were a private person.
B. Notice of
				process: The IV-D agency shall send or serve notice to withhold income for an
				individual's child support, medical support, or spousal support payment
				obligation to the duly designated federal agent.
C. Priority of claims: If a governmental
				entity specified above receives notice or is served with process, as provided
				in this section, concerning amounts owed by an individual to more than one
				person, then federal law shall control the determination of the priority of
				competing claims.
D. No requirement
				to vary pay cycles: A governmental entity that is affected by legal process
				served for the enforcement of an individual's child support or spousal support
				payment obligations is not required to vary its normal pay and disbursement
				cycle in order to comply with the legal process.
E. Federal payments subject to process:
				Monetary amounts paid or payable to an individual that are considered to be
				based upon remuneration for employment consist of:
(1) compensation payable for personal
				services of the individual, whether the compensation is denominated as wages,
				salary, commission, bonus, pay, allowances, or otherwise (including severance
				pay, sick pay, and incentive pay);
(2) periodic benefits or other payments:
(a) under the insurance system established by
				Chapter 7, Subchapter II of the United States Code - (federal old-age,
				survivors, and disability insurance benefits);
(b) under any other system or fund
				established by the United States that provides for the payment of pensions,
				retirement or retired pay, annuities, dependants' or survivors' benefits, or
				similar amounts payable on account of personal services performed by the
				individual or any other individual;
(c) as compensation for death under any
				federal program;
(d) under any
				federal program established to provide ''black lung'' benefits; or
(e) by the secretary of veterans affairs as
				compensation for a service-connected disability paid by the secretary to a
				former member of the armed forces who is in receipt of retired or retainer pay
				if the former member has waived a portion of the retired or retainer pay in
				order to receive such compensation;
(3) worker's compensation benefits paid or
				payable under federal or state law; and
(4) benefits paid or payable under the
				railroad retirement system.