New Mexico Administrative Code

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 19…

Permanent.

July 1, 2024, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state laws and regulations.

The IV-D agency shall provide services to anyone who has filed a proper application for services. A. Services to residents and non-residents: Services will be made available to residents of other states on the same terms as to residents of the state of New Mexico. The IV-D agency…

The IV-D agency shall make applications for child support services readily accessible to the public. When an individual requests an application for IV-D services, the application shall be provided on the day the individual makes the request in person. The application shall be sen…

New Mexico Health Care Authority (HCA) - Child Support Services Division.

Location information must be verified prior to service of process. Federal regulations require that the Title IV-D case record contain documentation of the date, time, and name of each location source, even when the source failed to provide helpful information. A. Location source…

The New Mexico Title IV-D agency established a state parent locator service (SPLS) that operates out of the agency's central office. The state parent locator service is authorized to submit location information requests to the federal parent locator service. If all attempts to lo…

The Title IV-D agency may utilize the FPLS in accordance with 42 USC 653 and 45 CFR § 303.70. All information obtained is subject to federal and state laws regarding confidentiality of information. Neither parties nor their respective private legal representative may apply direct…

If a party or dependent is reported as deceased, the death must be verified. Verification may consist of written verification from the vital statistics bureau, office of the medical investigator or from any other accepted official source.

The Title IV-D agency established a state case registry that contains records with respect to: A. each case in which services are being provided on or after October 1, 1998, by the state Title IV-D agency; and B. each support order established or modified in the state on or after…

The state Title IV-D agency is authorized to have access to any system used by the state to locate an individual for purposes relating to motor vehicle or law enforcement.

The HCA established a state directory of new hires pursuant to the state directory of New Hires Act ("Act"), Section 50-13-1 et seq., NMSA 1978. The HCA may, at its discretion, contract this service, as appropriate. All information required by the act may be provided to a contrac…

To the general public. For use by the Title IV-D agency and recipients of Title IV-D services.

Public Assistance Act, Section 27-2-27 et seq., 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…

Permanent.

July 1, 2024, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state laws and regulations.

The state is required to use appropriate federal, interstate, and local location sources and to use appropriate state agencies and departments as authorized by state law in locating the non-custodial parent, or their employer, and all sources of income and assets.

Federal regulations require that within 75 calendar days of determining that location is necessary, the Title IV-D agency will access all appropriate location sources.

New Mexico Health Care Authority - Child Support Services Division.

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 publi…

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 …

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…

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 Mexic…

To the general public. For use by the Title IV-D agency and recipients of Title IV-D services.

Public Assistance Act, Section 27-2-27 et seq., 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…

Permanent.

July 1, 2024, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state law and regulations.

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 ju…

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 en…

New Mexico Health Care Authority - Child Support Services Division.

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 schedu…

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.

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…

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 u…

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 ag…

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…

To the general public. For use by the Title IV-D agency and recipients of IV-D services.

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 …

Permanent.

January 1, 2024 unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state law and regulations.

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 o…

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…