reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.8 - DETERMINATION OF PARENTAGE

Current through Register Vol. 35, No. 13, July 16, 2024
A determination of parentage is necessary for the
				  establishment of child support.
The Title IV-D agency extends full faith and credit to a
				  determination of parentage made by another jurisdiction, whether established
				  through voluntary acknowledgment or through administrative or judicial process.
				  Alleged fathers may initiate parentage actions through the Title IV-D agency.
				  The Title IV-D agency may petition a court of competent jurisdiction to
				  establish parentage so long as the dependent child is still under the age of
				  majority.
A. Federal time-frames and
				requirements for establishment of parentage. The IV-D agency shall establish an
				order for support or complete service of process necessary to commence
				proceedings to establish a support order and, if necessary, parentage (or
				document unsuccessful attempts to serve process) within 90 calendar days of
				locating the alleged father or non-custodial parent. (45 CFR Section
				303.4(d)).
B. The Title IV-D agency is not required to
				establish parentage or pursue genetic testing in any case involving incest or
				rape, or in any case in which legal proceedings for adoption are pending, or
				if, in the opinion of the IV-D agency, it would not be in the best interests of
				the child.
C. The Title IV-D agency
				may identify and use laboratories that perform, at reasonable cost, legally and
				medically acceptable genetic tests that tend to identify the biological parent
				or exclude the alleged biological parent. The IV-D agency may make available a
				list of such laboratories to appropriate courts and law enforcement officials,
				and to the public upon request.
D.
				The Title IV-D agency may seek entry of a default order by the court or
				administrative authority in a parentage case according to state law and rules
				of procedure regarding default orders.
E. The Title IV-D agency may seek to
				establish maternity in compliance with the New Mexico Uniform Parentage Act, as
				appropriate.
F. The IV-D agency
				will not initiate an action to rescind or disestablish parentage.
G. If a child in a Title IV-D case has an
				acknowledged, presumed, or an adjudicated father as defined within the New
				Mexico Uniform Parentage Act, then parentage has been determined and the Title
				IV-D agency will pursue the establishment of support on behalf of or against
				the parent, as appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.9 - PARENTAGE INVOLVING MINOR FATHERS AND MOTHERS

Current through Register Vol. 35, No. 13, July 16, 2024
If the biological parent is under the age of emancipation,
				  and is not otherwise emancipated by law, the Title IV-D agency will take
				  measures to establish parentage and support, as appropriate. If a biological
				  parent is a minor, their parent, legal guardian, or attorney who has entered an
				  appearance on behalf of the minor biological parent may be present at all
				  meetings or discussions between the minor biological parent and the
				  representatives of the Title IV-D agency. The Title IV-D agency will seek to
				  establish parentage. If the alleged minor non-custodial parent is employed, the
				  Title IV-D agency will pursue guideline support. Any order or stipulation will
				  include a requirement that the minor non-custodial parent will notify the Title
				  IV-D agency of their employment and educational status on a regular basis. In
				  uncontested cases, the Title IV-D agency may seek the concurrence of the minor
				  biological parent's parent(s), legal guardian, or attorney. In contested cases,
				  the minor biological parent(s) may request the court to appoint a guardian ad
				  litem. Any legal notices or pleading prepared following the appointment of the
				  guardian ad litem will be sent in accordance with the rules of civil
				  procedure.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.10 - DETERMINATION OF PARENTAGE THROUGH VOLUNTARY ACKNOWLEDGMENT OF PATERNITY

Current through Register Vol. 35, No. 13, July 16, 2024
State and federal laws provide for voluntary acknowledgment
				  of paternity after the birth of a child. A man is determined to be the natural
				  father of a child if he and the mother acknowledge parentage by filing a
				  written acknowledgment with the vital statistics bureau of the public health
				  division of the department of health, in accordance with the requirements of
				  Article 3 of the New Mexico Uniform Parentage Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.11 - LONG ARM STATUTE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Title IV-D agency will use the long arm statute as appropriate to exercise
				jurisdiction over a non-custodial parent residing in another state pursuant to
				Section 40-6A-201 et seq., NMSA 1978.
B. Genetic testing may be used in long arm
				statute cases in the establishment of parentage. New Mexico shall advance the
				costs associated with the testing in cases wherein the state initiated long arm
				statute actions. The Title IV-D agency shall seek reimbursement for the
				advancement of the costs pursuant to the genetic testing section
				below.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.12 - GENETIC TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Title
				IV-D agency provides genetic testing services, as appropriate. The Title IV-D
				agency will not provide genetic testing services when parentage is presumed by
				law or has already been adjudicated unless ordered by a court of competent
				jurisdiction to do so. The Title IV-D agency will seek the admission into
				evidence, for purposes of establishing parentage, the results of a genetic test
				that are performed by a laboratory contracted with the Title IV-D agency to
				provide this specific service, unless the results are otherwise stipulated to
				by the parties. Any party to a Title IV-D case may seek genetic testing outside
				of the Title IV-D agency, at their own expense, and obtain a genetic test and
				report in compliance with Sections 40-11A-503 to 504 et seq., NMSA 1978. The
				Title IV-D agency will not present or introduce into evidence the results of a
				genetic test report obtained through a laboratory not contracted with the Title
				IV-D agency.
B. The Title IV-D
				agency may charge any individual who is not a recipient of state aid for the
				cost of genetic testing in accordance with the fee schedule in 8.50.125 NMAC.
				The Title IV-D agency may advance the cost of the fee if the IV-D agency is a
				party in a pending court case and is providing full services. If the Title IV-D
				agency is not a party in a pending court case and is not providing full
				services, the Title IV-D agency may require payment of the fee from any or all
				parties prior to scheduling the genetic testing. If a party paying any or all
				of the genetic testing fee wants reimbursement from the other party, they must
				seek a court order against that party.
C. The Title IV-D agency will charge a father
				for genetic testing when parentage is already presumed by law or has already
				been adjudicated, regardless of the results of the paternity test. The Title
				IV-D agency will charge an alleged father for genetic testing when parentage is
				not presumed by law or adjudicated and the results of the test show the alleged
				father to be the biological father. The Title IV-D agency will charge the
				mother for genetic testing when parentage is not presumed by law or adjudicated
				and the results of the test show the alleged father not to be the biological
				father.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.13 - JUDGMENTS AND ORDERS IN PARENTAGE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
The judgment or order of the court determining the existence
				  or nonexistence of the parent and child relationship is determinative for all
				  purposes. The IV-D agency will seek the following orders, as
				  appropriate:
A. an order adjudicating
				parentage in accordance with the New Mexico Uniform Parentage Act,
				and
B. after parentage has been
				adjudicated, the establishment of child and medical support for the minor
				child(ren).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.2 - 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 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.3 - 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 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2024 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 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following definition applies to this part. "Self-support
				  reserve" means the support calculation ensures the payer parent has sufficient
				  income to maintain a minimum standard of living. The self-support reserve is
				  $1,200 per month for one person which is slightly higher than one hundred
				  percent of the federal poverty guideline. Additional definitions may be found
				  under the general provisions at
				  8.50.100.7 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.8 - ESTABLISHMENT OF SUPPORT ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
If parentage has been legally established, and there is no
				  support order in existence, the IV-D agency will pursue the establishment of a
				  support order, as appropriate, pursuant to the requirements under
				  45 CFR §
										303.4(b)(1-4). All support
				  orders obtained by the IV-D agency shall include a provision requiring the
				  parties to keep the IV-D agency informed of their current addresses and, if the
				  party is a parent, to also provide the name and address of their current
				  employer, whether the parent has access to medical insurance coverage at
				  reasonable cost, including health care coverage through a public entity and, if
				  so, the medical insurance policy information.
A. Immediate income withholding: The IV-D
				agency will request an income withholding provision in accordance with the
				Support Enforcement Act, Section
				40-4A-1 et seq., NMSA 1978. The
				IV-D agency will not agree to an exception to wage withholding, but will honor
				any court or administrative order that waives or excepts wage withholding. All
				payments on Title IV-D cases, whether paid through income withholding, direct
				withdrawal, or direct payment by the non-custodial parent shall be paid through
				the IV-D agency. If the custodial party obtains an order in a IV-D case for
				direct payments to them, the IV-D agency will begin non-cooperation procedures
				in active IV-A cases and close cases with no public assistance
				history.
B. Persons and agencies
				the IV-D agency will assist to establish a support order:
(1) parent;
(2) legal guardian by court or administrative
				order;
(3) legal custodian by court
				or administrative order;
(4) IV-B
				or IV-E agency;
(5) another IV-D
				agency, state, U.S. territory or country pursuant to the Uniform Interstate
				Family Support Act, Section
				40-6A-101 et seq., NMSA 1978, or
				reciprocal international agreements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.9 - CHILD SUPPORT AWARD GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency uses income information provided to the
				  agency by the parties or other sources to apply the child support guidelines in
				  Section 40-4-11.1., NMSA 1978 and the
				  basic child support schedule now incorporated here as Appendix 1. If exact
				  income information is unavailable, or if a party's earnings history is below
				  minimum wage, the IV-D agency may seek to impute income to a party, provided
				  that the amount of support is established based on consideration of the
				  required factors under 45
				  CFR §
										302.56(a-c). Many
				  low wage jobs offer less than 40 hours per week, so local labor market data
				  shall be considered when imputing income. A request for retroactive support by
				  the IV-D agency will only be for the minimal period in accordance with New
				  Mexico law. The custodial party may seek a longer retroactive period in
				  accordance with the law and is solely responsible for providing all
				  documentation, presenting all evidence, and making all arguments at any hearing
				  or during negotiations in support for the additional time period. The amount of
				  retroactive support requested by the IV-D agency on behalf of the state or for
				  a custodial party will be in accordance with the child support guidelines
				  established pursuant to 45
				  CFR Section 302.56(f-h), or
				  as otherwise stipulated to by the parties. Incarceration may not be treated as
				  voluntary unemployment when a support order is being established,
				  45 CFR §
										302.56 (c)(3). Any
				  deviations from the guidelines will contain a statement of the reason for
				  deviation and shall be in accordance with Section
				  40-4-11.2 NMSA
				  1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.10 - BASIC CHILD SUPPORT SCHEDULE AND THE SELF-SUPPORT RESERVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In any
				action to establish or modify child support, the child support guidelines
				schedule as set forth in this section shall be applied to determine the child
				support due and shall be a rebuttable presumption for the amount of such child
				support. The basic child support schedule is reviewed quadrennially by the
				child support guideline commission pursuant to Section
				40-4-11.3 NMSA.
B. Effective January 1, 2024, the basic child
				support schedule incorporates a self-support reserve (SSR). The SSR is
				demonstrated in the shaded area of the basic child support schedule and
				provides that if the payer parent's income and number of children fall into the
				shaded area, only the payer-parent's income is considered in the child support
				calculation. As a result, the payer-parent is one hundred percent responsible
				for SSR adjusted child support obligation from the schedule. This ensures that
				the SSR is effective at considering basic subsistence needs of the payer-parent
				who has a limited ability to pay, even if the other parent has significantly
				more income and their combined income is above the SSR adjusted area of the
				schedule. Support calculation using the SSR method is reliant on using a
				worksheet A only and should not take into consideration childcare cost, medical
				expenses to include insurance premiums, and other appropriate expenses that are
				otherwise considered by the child support guidelines pursuant to Subparagraph
				(b) of Paragraph (2) of Subsection M of Section
				40-4-11.1 NMSA, 1978.
C. For shared responsibility arrangements,
				the basic child support obligation shall be calculated using the basic child
				support schedule, worksheet B and instructions contained in Subsection M of
				Section 40-4-11 NMSA 1978. Support
				calculations using worksheet B are not subject to the SSR method.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.11 - DEFAULT JUDGMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency may seek entry of a default order by the
				  court or administrative authority according to state law and rules of procedure
				  regarding default orders.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.12 - MODIFICATION OF CHILD SUPPORT ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
Either party may request the IV-D agency to provide the
				  service of seeking the modification of a support order. Applicable fees will be
				  charged to the requesting party in compliance with
				  8.50.125.10 NMAC. The IV-D agency
				  may seek a modification if the non-custodial parent will be incarcerated for
				  more than 180 calendar days. The IV-D agency will not review a support order
				  for modification without request by a party, unless the custodial party is
				  currently receiving public assistance. In accordance with federal and state
				  laws, a modification of a support order is retroactive only to the time period
				  that a petition or motion was filed with a court and was pending a
				  decision.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.13 - REVIEW AND ADJUSTMENT OF SUPPORT ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency conducts a review for modification of support
				  orders in the IV-D caseload three years from the effective date of the last
				  support order. At the time of review, if the case is actively receiving public
				  assistance, the IV-D agency must pursue a modification either upward or
				  downward if its review indicates that there will be at least a twenty percent
				  change from the current obligation of support. The review is conducted based on
				  information provided by the parties and other sources that report income. Both
				  parties are sent notice at the time of review to request current information
				  from them regarding income, childcare costs, medical expenses to include
				  insurance premiums, and any other appropriate expenses that are considered by
				  the child support guidelines. Both parties are notified of the result of the
				  review conducted by the IV-D agency. If the IV-D agency chooses not to pursue a
				  modification, any party may independently pursue their own request for a
				  modification of a support order. The state may initiate a review of an order,
				  without a specific request for review, if information is received by the IV-D
				  agency that the non-custodial parent will be incarcerated for more than 180
				  calendar days, pursuant to the conditions specified in
				  45 CFR §
										303.8(b)(2), (7), and (c).
				  Under 45 CFR §
										302.56 (c)(3), incarceration
				  may not be treated as voluntary unemployment when a support order is being
				  modified.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.14 - PROVISION OF SERVICES TO IV-B AND IV-E PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
Upon request for services from the state IV-B or IV-E
				  program, the IV-D agency will review its caseload to determine if there is an
				  active IV-D case. The IV-D agency will send a letter to both the custodial
				  party and non-custodial parent(s) notifying them that the IV-B or IV-E agency
				  has requested services due to the minor child(ren) being in state custody. If
				  there is a current order of support in place, the IV-D agency will review the
				  case for appropriate legal action. If there is not a current support order in
				  place, the IV-D agency will work with the IV-B or IV-E agency to obtain a
				  mutually agreed upon support order between the IV-B or IV-E agency and the IV-D
				  agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 108 - ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDER › Section 8.50.108.15 - FURNISHING CONSUMER REPORTS FOR CERTAIN PURPOSES RELATING TO CHILD SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Section 604 of the Fair Credit Reporting Act (15 U.S.C.
				  1681b) authorizes the release of information
				  contained in a non-custodial parent's credit report to the New Mexico IV-D
				  agency. The information obtained from the consumer reporting agency is to be
				  used solely for the purpose of establishing or modifying an order of
				  support.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.3 - 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 109 - MEDICAL SUPPORT › Section 8.50.109.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following definitions apply to this part. Additional
				  definitions may be found under child support enforcement program general
				  provisions at
				  8.50.100.7 NMAC.
A.
"Cash medical support"
means
				an amount ordered to be paid toward medical costs for minor child(ren) not
				covered by insurance.
B.
"Health care coverage"
means health insurance coverage, generally
				associated with a medical, dental or vision plan of benefits, whether it be an
				employment-related or other group health plan, a health maintenance
				organization, a non-profit health plan, coverage provided by a public entity
				(medicaid), or any other type of health care coverage under which medical,
				vison or dental services are provided, regardless of service delivery
				mechanism. Any health care plan coverage of a minor child shall, at a minimum,
				meet the standards of minimum health care protection as defined in the New
				Mexico Insurance Code, Section 59A-23B NMSA 1978.
C. "
Medical support"
means cash
				medical support, health care coverage, dental insurance, vision insurance, or a
				percentage split between the custodial party and the non-custodial parent for
				uncovered medical bills for the minor child(ren).
D.
"National medical support notice" or
				"notice"
means a qualified notice pursuant to a court order sent to an
				employer stating that an employee's children must be covered by the
				employment-related health care insurance plan if it is available and at a
				reasonable cost.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.8 - ESTABLISHMENT OF MEDICAL SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
All orders obtained by the IV-D agency must include a
				  provision for medical support for the minor child(ren). For the purposes of the
				  IV-D program reporting, medical support includes any one of the following:
				  private health insurance, public health care coverage (health, dental, or
				  vision), provided by a public entity (medicaid), coverage through Indian health
				  services (IHS), the defense enrollment eligibility reporting services (DEERS),
				  cash medical support, or a percentage split of uncovered medical expenses for
				  the minor child(ren). Determination of a reasonable cash medical support
				  obligation is pursuant to 45
				  CFR §
										303.31(a)(3). If
				  the child(ren) are covered by IHS, the IV-D agency will request that private
				  care coverage or health care coverage provided by a public entity (medicaid) be
				  provided by either or both parties, when available. If the non-custodial parent
				  provides health care coverage and changes employment, and the new employer
				  provides health care coverage, the IV-D agency must transfer notice of the
				  provision to the new employer. The IV-D agency must request the inclusion of a
				  medical support provision even when employment-related or other group health
				  care coverage is not available or when the child(ren) cannot be added at the
				  time the order is entered. Health care coverage provided by a public entity
				  meets the standards required under the Mandatory Medical Support Act and either
				  party can be deemed a medical support obligor if they meet eligibility
				  requirements for health care coverage through a public entity (medicaid). The
				  cost of health care coverage is calculated by determining the amount charged to
				  the medical support obligor for adding the minor child(ren) to the existing
				  coverage, or the difference between individual and family coverage. The
				  reasonableness of the cost of the health care coverage is if the cost to the
				  party responsible for providing medical support does not exceed five percent of
				  their gross income pursuant to
				  45 CFR §
										303.31(a)(b). The IV-D
				  agency may request the provision of health care coverage by either or both the
				  custodial party and the non-custodial parent and that the parties should be
				  responsible for any uncovered medical expenses in proportion to their incomes
				  on the current child support worksheet. If the court does not enter an order
				  for medical support, the IV-D case record must specify that a provision for
				  medical support was requested but was not issued, in accordance with
				  45 CFR §
										303.31(b)(1-4).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.9 - TIME FRAMES AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
For all referral cases, within 90 calendar days of locating a
				  non-custodial parent or of establishing parentage, a support order must be
				  established or service of process must be completed to establish a support
				  order. If service of process cannot be completed, then the case record must
				  reflect unsuccessful attempts to serve process. If the court dismisses a
				  petition for support order without prejudice, the office must, at the time of
				  dismissal, examine the reasons for dismissal and determine when it could be
				  appropriate to seek a support order in the future and seek a support order at
				  that time.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.10 - AVAILABILITY OF MEDICAL CARE COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Medical support will be addressed in actions to establish,
				  enforce, or modify a support order for the minor child(ren). All support orders
				  obtained or modified by the IV-D agency will include a provision requiring
				  either or both custodial party and the non-custodial parent to promptly inform
				  the IV-D agency of the name and address of their current employer(s), whether
				  either the custodial party or the non-custodial parent has access to health
				  care coverage and, if so, the health care coverage policy information.
A. The non-custodial parent may be required
				to provide immediate health, dental, or vision care coverage for the minor
				child(ren) if health care coverage is not available to the custodial party at a
				more reasonable cost than to the non-custodial parent for coverage of the minor
				child(ren); and it is available to the non-custodial parent through an
				employment-related or other group health insurance plan, regardless of service
				delivery mechanism, which may be a labor organization, union, non-profit
				organization or professional association.
B. If medical care coverage is not available
				to the non-custodial parent through an employment-related or other group health
				care coverage plan, and health care coverage is not being provided by the
				custodial party, the non-custodial parent may be required to provide immediate
				health insurance coverage for the minor child(ren) when it becomes available
				through an employment-related or other group health insurance plan.
C. Either the custodial party or the
				non-custodial parent may be deemed to be a medical support obligor based on the
				availability of health care coverage through a public entity when either party
				meets eligibility requirements.
D.
				Failure by a non-custodial parent to provide medical support for the minor
				child(ren), and to provide information concerning health care coverage, will
				subject the non-custodial parent to legal proceedings requiring the
				non-custodial parent to show cause as to why the non-custodial parent should
				not be held in contempt of court for failure to fulfill the requirements of the
				court order. This will be true even if medical support is the only area in
				which the non-custodial parent is not in compliance with the terms of the
				order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.11 - PROVIDING CUSTODIAL PARTIES WITH HEALTH CARE COVERAGE INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
If the non-custodial parent is responsible for providing
				  health care coverage, the IV-D agency will provide the custodial party with
				  available health care coverage plan information when the non-custodial parent
				  secures coverage for the minor child(ren). This includes any information
				  available to the IV-D agency about the health care coverage plan that would
				  permit a claim to be filed or services to be provided. In cases enforced by the
				  national medical support notice, the health care coverage plan shall provide
				  this information to the custodial party and the IV-D agency, as outlined on the
				  notice.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.13 - MEDICAL SUPPORT PROVIDED BY THE CUSTODIAL PARTY

Current through Register Vol. 35, No. 13, July 16, 2024
In cases where the custodial party has satisfactory medical
				  care coverage for the minor child(ren), the amount expended by the custodial
				  party for health care coverage will be taken into account pursuant to the New
				  Mexico child support guidelines worksheet that will be attached to the order,
				  if applicable. The IV-D agency will not enforce court ordered medical support
				  against a custodial party.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.14 - COMMUNICATION WITH THE MEDICAL ASSISTANCE DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency is required to relay information regarding
				  private health, dental, or vision care coverage to the medical assistance
				  division. This information includes newly obtained coverage, changes in
				  coverage, or coverage lapses. The IV-D agency must report to the medical
				  assistance division any medical support payments made directly to the custodial
				  party if there is an assignment of medical support pursuant to
				  42 CFR
				  433.146. The IV-D agency in cooperation with
				  the medical assistance division will communicate to determine if there are any
				  lapses in health care coverage for medicaid
				  applicant/recipient.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.15 - ORDERING SPECIFIC DOLLAR AMOUNTS FOR MEDICAL SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The support order should include a set amount and specify
				  that the amount is designated for cash medical support as outlined in Section
				  40-4C-3 NMSA 1978. This amount
				  should be in addition to and not in lieu of the non-custodial parent's
				  obligation to pay a percentage of unreimbursed medical expenses. Either the
				  custodial party or the non-custodial parent may request the court to order the
				  provision of cash medical support. The IV-D agency will enforce a provision for
				  cash medical support established or modified by any party so long as the
				  support order designates a specific dollar amount to be paid in regular, equal
				  installments (i.e., monthly, bi-weekly, weekly). If the order does not
				  designate a specific dollar amount for medical support purposes, the IV-D
				  agency is not required to collect the money.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.16 - DISTRIBUTION OF MEDICAL SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency collects and distributes cash medical support
				  and payments toward medical support judgments. Medical support shall be
				  distributed directly to the custodial party when a court has ordered a cash
				  medical support obligation in favor of the custodial party. The IV-D agency is
				  not pursuing cash medical support on cases in which the minor child(ren)
				  receive health care coverage through a public entity.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 109 - MEDICAL SUPPORT › Section 8.50.109.17 - FEES

Current through Register Vol. 35, No. 13, July 16, 2024
In IV-D cases being enforced for medical support pursuant to
				  the requirements of the national medical support notice, an employer may not
				  assess a fee for withholding or for sending to the health care coverage plan,
				  the employee contributions necessary for health care coverage of the minor
				  child(ren).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 110 - INCOME WITHHOLDING › Section 8.50.110.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the TitleIV-D agency and
				  recipients of Title IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 110 - INCOME WITHHOLDING › Section 8.50.110.3 - 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 110 - INCOME WITHHOLDING › Section 8.50.110.5 - 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 110 - INCOME WITHHOLDING › Section 8.50.110.8 - INCOME WITHHOLDING

Current through Register Vol. 35, No. 13, July 16, 2024
State and federal laws require the Title IV-D agency to
				  obtain an immediate income withholding in all Title IV-D cases.
A. The Title IV-D agency complies with
				45 CFR §
										303.100 by ensuring that payments for
				support, including lump sum payments, are made by immediate income wage
				withholding.
B. Although the
				Support Enforcement Act provides for a good cause exemption to immediate wage
				withholding and a procedure to avoid immediate income withholding, the Title
				IV-D agency will not stipulate or agree to such provisions. The party
				requesting to avoid wage withholding bears the burden of proof on this issue
				with the court.
(1) The Title IV-D agency
				will comply with any valid court or administrative order that prohibits wage
				withholding.
(2) If an obligor
				receives an exemption to wage withholding and later accrues a delinquency, the
				Title IV-D agency, in its discretion, may pursue wage withholding from the
				appropriate judicial or administrative authority.
(3) Wage withholding will commence
				immediately upon issuance of the notice of income withholding. The notice shall
				inform the obligor that he or she has 30 days from the date of the notice to
				contest or appeal the income withholding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 110 - INCOME WITHHOLDING › Section 8.50.110.9 - TERMINATION OF INCOME WITHHOLDING

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency will not terminate an income
				  withholding once instituted, unless:
A.
				the support obligation terminates and all arrears are paid off; or
B. the court orders that income withholding
				cease; or
C. the Title IV-D agency
				closes its case pursuant to 8.50.129 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 110 - INCOME WITHHOLDING › Section 8.50.110.10 - WITHHOLDING OF UNEMPLOYMENT COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
A cooperative endeavor exists between the Title IV-D agency
				  and the New Mexico department of workforce solutions for the withholding of
				  unemployment benefits in those cases with an income withholding order pursuant
				  to federal and state laws.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 110 - INCOME WITHHOLDING › Section 8.50.110.11 - WITHOLDING OF WORKMAN'S COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
A cooperative endeavor exists between the Title IV-D agency
				  and the New Mexico workers' compensation administration for the withholding of
				  workman's compensation benefits in those cases with an income withholding order
				  pursuant to federal and state laws.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.2 - 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 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.3 - 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 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.5 - 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 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.8 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency uses a variety of processes, both
				  administrative and judicial, to enforce support obligations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.9 - PERSONS OWING OVERDUE SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to state and federal law, the Title IV-D agency may
				  seek to obtain an order that requires the obligor to adhere to the support
				  obligations or, if the person is not incapacitated, to participate in work
				  activities. The Title IV-D agency does not charge a late fee for overdue
				  support.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.10 - INTEREST CALCULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency calculates interest in accordance
				  with:
A. New Mexico law regarding the
				accrual of interest on support obligations is applied to New Mexico support
				orders; and
B. the interest rules
				of the issuing state (state that issued the order) apply when New Mexico
				registers a foreign support order; the initiating state (state requesting
				registration of a foreign support order) is responsible for providing an
				accurate audit to include interest, as appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.11 - NON-DISCHARGEABILITY IN BANKRUPTCY

Current through Register Vol. 35, No. 13, July 16, 2024
A debt of support is not released by a discharge in
				  bankruptcy. (
				  11 USC
				  523(a) ).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.12 - CONTEMPT PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency will pursue contempt provisions when
				  the non-custodial parent has a delinquency of at least three months, and there
				  is sufficient evidence that the non-custodial parent has an ability to pay or
				  otherwise comply with the order. If an obligor is found by a court to be in
				  contempt of court, the Title IV-D agency may request the court issue a bench
				  warrant for the arrest of the obligor. Any bond requested by the Title IV-D
				  agency in a bench warrant shall be a cash only bond to be paid to the Title
				  IV-D agency and distributed in accordance with federal and state laws regarding
				  distribution of support payments.
A.
				The Title IV-D agency will screen the case for information regarding the
				non-custodial parent's ability to pay or otherwise comply with the
				order.
B. The Title IV-D agency
				will provide the court with information regarding the non-custodial parent's
				ability to pay or otherwise comply with the order.
C. The Title IV-D agency will provide clear
				notice to the non-custodial parent that their ability to pay constitutes the
				critical question in the civil contempt action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.13 - GARNISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency may pursue garnishment of an obligor's
				  wages to reduce his or her arrearage balance. A garnishment will not be pursued
				  if there is currently a wage withholding in effect.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.14 - LIENS

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency has in effect and uses procedures for
				  the imposition of liens against the real or personal property of an obligor who
				  owes overdue support and who resides or owns property in New Mexico. Once a
				  lien is secured, a release of lien will not be issued until there is a complete
				  or partial satisfaction of the arrears, or upon agreement of the
				  parties.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.15 - POSTING OF BOND, GUARANTEE, OR OTHER SECURITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency may request the court to order an
				  obligor to secure the support payment by bond, guarantee, surety or other
				  security deemed appropriate by the court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 111 - GENERAL ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.111.16 - STATE OR FEDERAL CRIMINAL PROSECUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency will refer support obligors for state
				  or federal criminal prosecution pursuant to state and federal law (See
				  18 USC
				  228 and Section 30-6-2 et seq., NMSA 1978).
				  During the time a referral is being considered by or accepted by a state or
				  federal agency for prosecution, the Title IV-D agency will suspend civil
				  enforcement (court proceedings) unless otherwise instructed by the appropriate
				  prosecutor's office. The Title IV-D agency will continue to administratively
				  enforce the obligation.