reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.2 - 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 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.3 - 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 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.5 - 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 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.8 - PARENTAL RESPONSIBILITY ACT (LICENSE SUSPENSION)

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency submits a certified list of support
				  obligors who are 30 days or more delinquent on their monthly support obligation
				  to the appropriate boards, commissions, courts, or agencies responsible for
				  issuing drivers, professional, occupational, and recreational licenses as
				  detailed in the Parental Responsibility Act, Sect. 40-5A-1 et seq., NMSA
				  1978.
A. Automated referral process:
				The Title IV-D agency provides a certified list of all obligors who meet the
				referral criteria to various state licensing boards. The licensing boards
				report back to the Title IV-D agency what action the board has taken in
				connection with the Parental Responsibility Act. The Title IV-D automated
				system will refer cases that meet the following criteria:
(1) the obligor is delinquent 30 days or more
				in payment of court ordered support;
(2) a notice has been sent to the obligor's
				last address of record with the Title IV-D agency notifying the obligor of the
				impending license suspension/revocation;
(3) there is no court order prohibiting the
				referral; and
(4) 30 calendar days
				have elapsed since the notice was sent to the obligor and no request for
				hearing was submitted by the obligors.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.9 - CONSUMER REPORTING AGENCIES (CREDIT BUREAUS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Title IV-D agency is required by
				federal and state law to report periodically to consumer reporting agencies the
				name of any obligor who is delinquent in the payment of support and the amount
				of the overdue support. The IV-D agency has procedures in place that ensure
				that overdue support is reported only:
(1)
				after the obligor has been afforded due process required under state law,
				including notice and a reasonable opportunity to contest the accuracy of such
				information; and
(2) to an entity
				that has furnished evidence satisfactory to the state that the entity is a
				legitimate consumer reporting agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.10 - FULL COLLECTION SERVICES BY THE SECRETARY OF THE TREASURY

Current through Register Vol. 35, No. 13, July 16, 2024
Cases may be referred for full collection services after
				  reasonable efforts have been made to collect the support through available
				  mechanisms and these efforts have failed. When referring a case for full
				  collection services by the Secretary of the Treasury, the Title IV-D agency
				  shall comply with the provisions of
				  45 CFR
				  §
										303.71. The obligor has 30 days from
				  the date of mailing of the notification of a referral for federal full
				  collection to notify the Title IV-D agency that he or she contests the
				  referral.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.12 - COLLECTION OF PAST DUE SUPPORT BY NEW MEXICO TAXATION AND REVENUE DEPARTMENT BY STATE TAX REFUND OFFSET

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico law allows for the interception (offset) of an
				  obligor's tax refund to pay child support.
A. Criteria for state income tax offset:
				Cases submitted for tax refund offset to the New Mexico taxation and revenue
				department (TRD) must meet federal tax refund offset criteria. In interstate
				cases, if New Mexico is the responding state, obligors are referred to TRD
				only, not to IRS.
B. Pre-offset
				notices/final notices: Within 10 days after receiving notification of an offset
				from TRD, the Title IV-D agency will send a notice to the obligor at his or her
				last known address of record with the Title IV-D agency. The notice will
				include:
(1) a statement that an offset will
				be made and that the Title IV-D agency intends to apply the amount of the
				offset against a claimed debt;
(2)
				the amount of the debt asserted;
(3) the name, address, and telephone number
				of the Title IV-D agency to request a hearing;
(4) the amount of refund to be offset against
				the debt asserted;
(5) a statement
				that the obligor has 30 days from the date indicated on the notice to contest
				the offset and request a hearing; and
(6) a statement that failure of the obligor
				to 30 days will be deemed a waiver of the opportunity to contest the
				offset.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.13 - DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Referral for passport denial: The Title
				IV-D agency submits the names of obligors who owe support arrears in excess of
				$2,500 for inclusion in the OCSE database which is then sent to the U.S.
				department of state. The U. S. department of state denies passports to
				individuals whose name appears on the certified OCSE database of the OSCE as
				owing more than $2,500 in arrears. Once the department of state identifies a
				passport applicant as owing money for child support, the applicant will be
				notified by letter that the issuance or renewal of the passport has been
				denied, pending satisfactory payment of money owed to the Title IV-D agency.
				After the applicant makes satisfactory payment arrangements with the Title IV-D
				agency, the IV-D agency shall request that OCSE remove the applicant's name
				from its database. The Title IV-D agency makes every effort in its negotiations
				to obtain a lump sum payment sufficient to satisfy the entire delinquency and
				arrears balances, including accrued interest.
B. Contesting referral for passport denial:
				The obligor has 30 days from the date of the notification of a referral for
				passport denial to notify the Title IV-D agency that he or she contests the
				referral. The notification sent to the obligor provides the address and
				telephone number for the obligor to contact the Title IV-D agency to request a
				hearing to appeal the referral.
(1) Upon
				receipt of an appeal request from the obligor, a notice is generated by the
				administrative law judge and sent to the obligor and the Title IV-D
				agency.
(2) The notice shall set
				forth the time and place of the administrative hearing. The hearing is
				conducted in accordance with 8.50.130 NMAC.
(3) If the case is a non-IV-A case, the Title
				IV-D agency shall send a copy of the notice to the custodial party.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.14 - LOTTERY

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency and the lottery commission work
				  cooperatively to intercept lottery winnings for debts collected by the Title
				  IV-D agency.
A. State law authorizes
				the Title IV-D agency to place a lien on lottery winnings owed by delinquent
				child support obligors. Lists of delinquent obligors are provided by the Title
				IV-D agency to the lottery commission who then compares the list with lottery
				winners claiming prizes of more than $600. The lottery commission then notifies
				the Title IV-D agency of any matches. The Title IV-D agency must provide the
				lottery commission with verification of the support lien within five business
				days. The verification of the support lien will include a notice of
				administrative lien requesting the lottery commission retain the funds for 90
				days or until such time the administrative process is completed, so long as the
				process is completed within 90 days. If no delinquency exists, the notification
				will be a release of lien.
B. If
				the lottery winner is verified by the Title IV-D agency as owing a debt
				collected by the agency, the Title IV-D agency has 90 days to initiate an
				administrative action against the winner. The Title IV-D agency will notify the
				winner by mailing a copy of the notice of administrative lien to the obligor at
				the last known address of record with the Title IV-D agency via registered
				mail. The notice of administrative lien will notify the obligor that he or she
				has 15 days from the date of the notice to contest or appeal the administrative
				lien. The notification sent to the obligor provides the address and telephone
				number for the obligor to contact the Title IV-D agency to request a hearing to
				appeal the referral. If the obligor does not contest the notice of
				administrative lien within the required timeframe, a notice for release of
				funds to the Title IV-D agency is mailed to the lottery commission instructing
				it to forward the lottery winnings to the Title IV-D agency. If the obligor
				contests the notice of administrative lien and timely requests a hearing, an
				administrative hearing will be conducted in accordance with 8.50.130
				NMAC.
C. If an administrative
				seizure proceeding is not initiated with the 90-day period, the Lottery
				Commission shall release the prize payment to the winner. Section
				6-24-22
				et seq., NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.15 - GAMING

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency and the gaming board work
				  cooperatively to intercept racetrack and/or gaming machine payouts for debts
				  collected by the Title IV-D agency.
A.
				State law authorizes the Title IV-D agency to place a lien on delinquent
				obligor's gaming machine payouts. Lists of delinquent obligors are provided by
				the Title IV-D agency to the gaming control board on a monthly basis. The
				racetrack licensees research the names of winners of $1,200 or more per payout
				against the list provided to the gaming control board by the Title IV-D agency.
				The racetrack licensee then notifies the Title IV-D agency of any matches. The
				Title IV-D agency must notify the racetrack licensee within seven business days
				(excluding weekends and state holidays) and provide 90 days or until such time
				as the administrative process is completed, so long as the process is completed
				within 90 days.
B. If the gaming
				machine winner is an obligor verified by the Title IV-D agency as owing a debt
				to or collected by the Title IV-D agency, the Title IV-D agency has 90 days to
				complete an administrative action against the winner, unless the winner agrees
				to an extension of the time or the administrative law judge extends the time.
				The Title IV-D agency shall notify the winner by mailing a copy of the notice
				of administrative lien to the obligor at the last known address of record with
				the Title IV-D agency via registered mail. The notice of administrative lien
				shall notify the obligor that obligor has 15 days from the date of the receipt
				of the notice to contest or appeal the administrative lien. The notification
				sent to the obligor provides the address and telephone number. If the obligor
				does not contest the notice of administrative lien within the required
				timeframe, a notice for release of funds is mailed to the racetrack licensee
				within five business days after the expiration of the obligor's deadline to
				request a timely hearing, instructing the racetrack licensee to forward the
				gaming machine payout to the Title IV-D agency. If the obligor contests the
				notice of administrative lien and timely requests a hearing, an administrative
				hearing will be conducted in accordance with 8.50.130 NMAC. The Title IV-D
				agency shall notify the racetrack licensee within five business days of the
				ruling of any hearing held in accordance with this section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS › Section 8.50.112.16 - ADMINISTRATIVE OFFSET BY THE SECRETARY OF THE TREASURY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Referral for administrative offset:
				federal administrative offset is utilized for payment of support arrearages,
				including child support, medical support, and if appropriate, spousal support.
				Cases meeting specific criteria are referred to the U.S. department of
				treasury's financial management service. When referring a case for
				administrative offset by the secretary of the treasury, the Title IV-D agency
				shall comply with the provisions of
				31 CFR
				§
										285.1.
B. Notification of administrative offset:
				Prior to submitting a referral, written advance notice is sent to the obligor
				to inform the obligor that due to the amount of the obligor's past due support
				the obligor will be referred to the secretary of the U.S. treasury for
				collection by administrative offset. The notice shall be sent to the obligor's
				last address of record with the Title IV-D agency. The Title IV-D agency shall
				inform the obligor:
(1) of the right to
				contest the department's determination that past due support is owed;
(2) of the right to contest the amount of the
				past due support;
(3) of the right
				to request an administrative review 30 days from the date of the notification;
				and
(4) of the procedures for
				requesting an administrative review.
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 8.50.113.1 - 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 113 - ENFORCEMENT OF SUPPORT OBLIGATIONS FROM FEDERAL EMPLOYEES INCLUDING MEMBERS OF THE ARMED SERVICES › Section 8.50.113.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the IV-D agency and
				  recipients of IV-D services.
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 8.50.113.3 - 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 113 - ENFORCEMENT OF SUPPORT OBLIGATIONS FROM FEDERAL EMPLOYEES INCLUDING MEMBERS OF THE ARMED SERVICES › Section 8.50.113.5 - 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 113 - ENFORCEMENT OF SUPPORT OBLIGATIONS FROM FEDERAL EMPLOYEES INCLUDING MEMBERS OF THE ARMED SERVICES › Section 8.50.113.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide regulations in accordance with federal and state
				  laws and regulations.
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 8.50.113.9 - ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE ARMED FORCES THROUGH INVOLUNTARY ALLOTMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In any
				case in which support payments are owed by a member of one of the uniformed
				services on active duty, such member may elect to satisfy the obligation by
				making allotments from his or her pay and allowances as payment of such
				support. In addition, in the event a member of the uniformed services who owes
				a duty of support accrues a delinquency equal to two (2) months' obligation or
				more, a notice of said delinquency may be issued by the IV-D agency to the
				designated official in the appropriate uniformed service. A copy of the notice
				of delinquency shall also be provided to the service member. The issuance of
				said notice will compel the creation of an allotment to satisfy the service
				member's obligation. The amount of the allotment will be the amount necessary
				to comply with the order which, if the order so provides, may include
				arrearages as well as amounts for current support; however, the amount of the
				allotment, together with any other amounts withheld for support from the wages
				of the member, as a percentage of his or her pay from the uniformed service,
				will not exceed the limits prescribed in sections 1673(b) and (c) of Title 15,
				Chapter 41, Subchapter II of the United States Code. An allotment under this
				subsection will be adjusted or discontinued upon notice from the authorized
				person. Payments made by allotment will be sent to the IV-D agency for
				disbursement.
B. Regulations: The
				secretary of defense has issued regulations applicable to allotments to be made
				under this section, designating the officials to whom notice of failure to make
				support payments, or notice to discontinue or adjust an allotment, should be
				given, prescribing the form and content of the notice and specifying any other
				rules necessary for such secretary to implement this section.
C. Availability of locator information: The
				IV-D agency uses the United State's secretary of defense's centralized
				personnel locator service that includes the address of each member of the armed
				forces. Except as provided below, the address for a member of the armed forces
				shown in the locator service will be the residential address of that member.
				The address for a member of the armed forces shown in the locator service will
				be the duty address of that member in the case of a member:
(1) who is permanently assigned overseas, to
				a vessel, or to a routinely deployable unit; or
(2) with respect to whom the secretary
				concerned makes a determination that the member's residential address should
				not be disclosed due to national security or safety concerns.
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 8.50.113.10 - PAYMENT OF MILITARY RETIRED PAY IN COMPLIANCE WITH SUPPORT ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Payments
				consistent with assignments of rights to states: In the case of a spouse or
				former spouse who assigns to the IV-D agency the rights of the spouse or former
				spouse to receive support, the secretary concerned may make the support
				payments to the IV-D agency in amounts consistent with that assignment of
				rights.
B. Arrearages owed by
				members of the uniformed services: In the case of a court order that is
				effectively served on the secretary of defense and that provides for payments
				from the disposable retired pay of a member to satisfy the amount of support
				set forth in the order, the authority to make payments from the disposable
				retired pay of a member to satisfy the amount of support set forth in a court
				order will apply to payment of any amount of support arrearages set forth in
				that order, as well as to amounts of support that currently become
				due.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.2 - 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 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.3 - 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 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.5 - 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 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.8 - AGREEMENTS WITH FINANCIAL INSTITUTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department, through the Title IV-D agency, has developed
				  procedures and forms by which it enters into agreements with financial
				  institutions doing business in the state to develop and operate, in
				  coordination with such financial institutions, a data match system for the
				  purpose of identifying and seizing assets to satisfy past-due support. All
				  references to the Title IV-D agency below are on behalf of the
				  department.
A. Data match agreements:
				The Title IV-D agency has agreements with financial institutions for data match
				using a standard Title IV-D agency form. The institutions may elect to report
				through an agent.
B. Election of
				reporting methods: Financial institutions shall elect their method of reporting
				using forms provided by the Title IV-D agency and return reporting agreements
				to the Title IV-D agency within 30 days of notification of required reporting.
				Acceptable methods of reporting are contained in the federal office of child
				support enforcement's data match specification handbook (DMSH). The financial
				institution may elect to report through an agent authorized and identified to
				the Title IV-D agency by the financial institution.
C. Quarterly matches: Financial institutions
				shall conduct quarterly matches of their accounts against the names and social
				security numbers provided by the Title IV-D agency and report all accounts
				matched, or may elect to provide a quarterly list of all accounts in a format
				acceptable to the Title IV-D agency. Each calendar year, information matches
				shall be furnished no later than:
(1) March 31
				(first quarter);
(2) June 30
				(second quarter);
(3) September 30
				(third quarter); and
(4) December
				31 (fourth quarter).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.9 - FREEZE ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. An obligor
				who has been on wage withholding for at least six months or who has made all
				payments (voluntary) for the last 12 months is exempt from this
				process.
B. Issuance and effect:
				When a match occurs showing the existence of an obligor's assets in an amount
				of more than $2,000, the Title IV-D agency may issue an administrative freeze
				order to the financial institution. Account funds shall not be released by the
				financial institution during the pendency of proceedings involving a freeze
				order. The financial institution shall send a copy of the notice of lien to the
				obligor and to all persons listed on the account by certified mail within three
				business days after the notice of lien is received by the financial
				institution. The institution shall reply within 10 days on the form provided by
				the Title IV-D agency.
C. Right to
				appeal: The notice of lien shall notify the obligor that the obligor has 15
				days from the date of the notice to contest or appeal the freeze.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.10 - SEIZE ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Seizure: If
				no written appeal is received within the time frame for appeal, or if an appeal
				is not upheld, a seize order will be issued by the Title IV-D agency. The
				financial institution must transfer the assets to the Title IV-D agency within
				three working days of the receipt of the seize order.
B. Appeals: If an appeal is received, it will
				be processed in accordance with the appeals process set forth in 8.50.130
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.11 - INTERSTATE FIDM ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A freeze or seize order issued by another state's Title IV-D
				  agency will be treated as if it were issued by New Mexico's Title IV-D agency.
				  Any institution failing to honor the order will be subject to all fines and
				  penalties as if the institution had failed to honor an order of New Mexico's
				  Title IV-D agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.12 - SEIZED ASSETS

Current through Register Vol. 35, No. 13, July 16, 2024
Assets seized from accounts will be distributed according to
				  the Title IV-D agency distribution rules.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 114 - FINANCIAL INSTITUTION DATA MATCH (FIDM) › Section 8.50.114.13 - DISTRIBUTION OF FIDM COLLECTIONS IN MULTIPLE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
FIDM collections will always be prorated to all open Title
				  IV-D cases for an obligor based on the arrearage owed in each case. By
				  operation of law, arrearages include all adjudicated arrears and delinquency on
				  current support, plus accrued interest.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the IV-D agency and
				  recipients of IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.3 - 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 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.5 - 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 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.8 - EXPEDITED PROCESSES

Current through Register Vol. 35, No. 13, July 16, 2024
Expedited processes are the administrative and judicial
				  processes that increase program effectiveness and meet the processing time
				  specified. The following timeframes apply to the IV-D agency.
A. In IV-D cases needing support order
				establishment, regardless of whether paternity has been established, action to
				establish support orders must be completed from the date of service of process
				to the time of disposition within the following time frames:
(1) seventy-five percent (75%) of cases
				within six (6) months; and
(2)
				ninety percent (90%) of cases within twelve (12) months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.9 - HEARING OFFICERS AND EXPEDITED PROCESSES

Current through Register Vol. 35, No. 13, July 16, 2024
Child support hearing officers contribute to expedited
				  processes by handling child support cases that would otherwise be heard by a
				  state district court judge. Cases assigned to a child support hearing officer
				  are expedited for hearings, as necessary. The child support hearing officer
				  program is operated by the courts in accordance with NMSA 1978, Section
				  40-4B-1 et
				  seq.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.10 - SERVICE OF PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Service of process may be required, depending upon the type
				  of action the IV-D agency is pursuing. Any action initiated by the IV-D agency
				  involving a court proceeding will include service of process on all appropriate
				  parties in accordance with New Mexico law regarding service of process. Any
				  administrative action taken by IV-D agency that requires notice or service of
				  process will be in accordance with New Mexico law including the New Mexico
				  administrative code, as appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.11 - ADMINISTRATIVE EXPEDITED PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency is authorized to take administrative action
				  without the need to seek a judicial order. Those actions include:
A. issuing administrative subpoenas that
				carry a possible penalty under 8.50.131 NMAC in addition to any court imposed
				sanctions;
B. accessing information
				regarding employment compensation from any entity in the state; and
C. obtaining records from:
(1) automated databases of certain
				governmental agencies;
(2) private
				entities to include last known address; and
(3) financial institutions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.12 - ADMINISTRATIVE ORDERS

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with state and federal laws, the IV-D agency
				  may issue administrative orders for the following:
A. genetic testing for the purposes of
				establishing paternity;
B. changing
				the payee to the IV-D agency, when there has been an assignment from a IV-A or
				Title XIX program, or payment is to be made to the state disbursement
				unit;
C. requiring income
				withholding for any IV-D case in which there is not an automatic wage
				withholding already in effect and there is no judicial or administrative order
				to the contrary;
D. securing assets
				to satisfy an obligor's arrearage; and
E. increasing payments toward arrearages, as
				appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.13 - FAILURE TO COMPLY WITH ADMINISTRATIVE SUBPOENA OR ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon failure to comply with an order or
				subpoena issued hereunder, the IV-D agency may pursue one or more of the
				following:
(1) administer the penalties
				pursuant to 8.50.131 NMAC;
(2)
				commence appropriate enforcement action with the court;
(3) seek sanctions against a person who is
				required to cooperate pursuant to an assignment of rights pursuant to NMSA
				1978, Section
				27-2-28;
				or
(4) close the case for
				non-cooperation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.14 - PROVIDE UPDATED INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any party to a paternity or child support proceeding shall
				  provide, and update as needed, the following information: social security
				  number; residential and mailing addresses; telephone number; driver's license
				  number; name, address, and telephone number of all employers. All court orders
				  obtained or modified by the IV-D agency will contain language requiring that
				  both the obligor and the obligee provide the IV-D agency, in writing, with any
				  and all changes to this information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 115 - EXPEDITED PROCESSES AND ADMINISTRATIVE EXPEDITED PROCESS › Section 8.50.115.15 - DUE PROCESS SAFEGUARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency has due process safeguards related to the
				  issuance and enforcement of administrative orders and subpoenas. In all
				  instances where the IV-D agency issues an administrative order or
				  administrative subpoena, the administrative order or administrative subpoena
				  will not be considered properly served unless the service requirements for each
				  type of administrative order or administrative subpoena are met pursuant to New
				  Mexico law, to include New Mexico administrative law. The IV-D agency will
				  maintain a copy of the proof of service for each service of process in the IV-D
				  agency's records, and will produce the proof of service at the request of the
				  judicial or administrative tribunal. Each administrative order or
				  administrative subpoena, as described in these regulations, will provide
				  instructions on the procedure to be followed to contest the action of the IV-D
				  agency. These instructions will specify that the proper tribunal for appeal of
				  the IV-D agency's administrative orders and administrative subpoenas is the
				  state district court of New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 116 - NATIVE AMERICAN INITIATIVE › Section 8.50.116.2 - 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 116 - NATIVE AMERICAN INITIATIVE › Section 8.50.116.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 NMSA 1978. The health
				  care authority 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 (HCA) 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 116 - NATIVE AMERICAN INITIATIVE › Section 8.50.116.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 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 116 - NATIVE AMERICAN INITIATIVE › Section 8.50.116.8 - CHILD SUPPORT ENFORCEMENT FOR INDIAN TRIBES

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency may enter into cooperative agreements with
				  any or all of the 19 pueblos and three tribes that comprise the 22 separate
				  Indian nations having lands located within the borders of New Mexico and with
				  tribal IV-D agencies within the state of New Mexico. (42 USC
				  654 and 45 CFR Section 309 ). There is a
				  specialized Native American initiative within the Title IV-D agency to deal
				  with these matters.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 117 - INTERNATIONAL CHILD SUPPORT ENFORCEMENT › Section 8.50.117.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the IV-D agency and
				  recipients of IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 117 - INTERNATIONAL CHILD SUPPORT ENFORCEMENT › Section 8.50.117.3 - 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 - child support division 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 (HCA) 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 117 - INTERNATIONAL CHILD SUPPORT ENFORCEMENT › Section 8.50.117.5 - 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 117 - INTERNATIONAL CHILD SUPPORT ENFORCEMENT › Section 8.50.117.8 - INTERNATIONAL SUPPORT ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Special enabling legislation allows the state of New Mexico,
				  and all other states, to directly enter into agreements for child support
				  enforcement services with foreign nations. (
				  42
				  USC 659(A) ). With Mexico
				  and Canada, these agreements are arranged on a state-by-state or
				  province-by-province basis.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 117 - INTERNATIONAL CHILD SUPPORT ENFORCEMENT › Section 8.50.117.9 - FOREIGN CURRENCY CONVERSION

Current through Register Vol. 35, No. 13, July 16, 2024
Some interstate cases handled by the IV-D agency are received
				  from foreign nations or are initiated to foreign nations.
A. Responding international cases:
(1) Establishment of an obligation for
				support: If the IV-D agency is asked to establish an order for support by the
				child support agency of a foreign nation, the IV-D agency shall:
(a) file the action in the appropriate state
				district court;
(b) convert the
				custodial party's income into United States dollars, provided that it is
				appropriate to utilize the custodial party's income in a calculation of support
				under the laws of New Mexico;
(c)
				utilize the non-custodial parent's actual or imputed income, in United States
				dollars;
(d) obtain a support order
				to be paid in United States dollars; and
(e) all payments collected by the IV-D
				agency's SDU shall be remitted to the child support agency in the foreign
				nation in United States dollars.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, 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 124 - INTERSTATE CASES › Section 8.50.124.8 - INTERSTATE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency extends the full range of services available
				  under its program to other states or territories. In addition, services are
				  extended to nations that have entered into reciprocal agreements for the
				  establishment and enforcement of orders for support with the United States.
				  These cases shall be handled by the IV-D agency in accordance with the
				  requirements of
				  45 CFR
				  303.7 and NMSA 1978, Section
				  40-6A-101,
				  et seq., Uniform Interstate Family Support Act (UIFSA).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.9 - HIGH VOLUME, AUTOMATED ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency may, by electronic or other means,
				  transmit to another state a request for assistance in enforcing support orders
				  through high-volume, automated administrative enforcement. The request must
				  include such information as will enable the responding state to compare the
				  case information sent by the IV-D agency to the information in the data bases
				  of the responding state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.10 - INTERSTATE WITHHOLDING

Current through Register Vol. 35, No. 13, July 16, 2024
The Uniform Interstate Family Support Act authorizes direct
				  interstate wage withholding without a requirement of registration. A Title IV-D
				  worker in New Mexico can send a wage withholding directly to an employer in any
				  other state, and any other state can send a wage withholding directly to a New
				  Mexico employer.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.11 - FEES FOR GENETIC TESTING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with
				  45 CFR
				  303.7(d)(2) and (3), the
				  Title IV-D agency in the initiating state must pay for the cost of genetic
				  testing in actions to establish paternity. If paternity is established in New
				  Mexico by the Title IV-D agency, the Title IV-D agency must attempt to obtain a
				  judgment for the costs of genetic testing from the party who denied paternity
				  and must reimburse the initiating state with any sums so
				  collected.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 124 - INTERSTATE CASES › Section 8.50.124.12 - COOPERATION DEFINED IN INTERSTATE CASES

Current through Register Vol. 35, No. 13, July 16, 2024
In interstate cases, the Title IV-D agency works closely with
				  the child support agency in another jurisdiction. It is important that the
				  Title IV-D agency be made aware of all communication in interstate cases in
				  order to stay fully aware of the status of the cases. Accordingly, a party to
				  an interstate action must not communicate directly with a child support agency
				  in another jurisdiction. If an individual communicates directly with a child
				  support agency in another jurisdiction without utilizing the Title IV-D agency,
				  this conduct may be deemed to be "non-cooperation" by the Title IV-D agency and
				  may subject the party to sanction and case closure, as appropriate. Parties in
				  interstate cases must also follow the cooperation guidelines set forth in
				  8.50.105.12
				  NMAC or be deemed to be "non-cooperative" and be subjected to sanction and case
				  closure, as appropriate.