New Mexico Administrative Code

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 unavailab…

New Mexico Health Care Authority.

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 pro…

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 informat…

In all cases in which there is a court order with no medical support ordered, the case will be reviewed pursuant to the IV-D agency's plan for automatic review of all IV-D cases every three years. Even if no other modification is expected, the IV-D agency must seek modification t…

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 t…

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 as…

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 unreimbu…

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 a…

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…

To the general public. For use by the Title IV-D agency and recipient of Title 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 e…

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 laws and regulations.

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 i…

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, …

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 reco…

New Mexico Health Care Authority - Child Support Services Division.

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.

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.

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

December 30, 2010, unless a later date is cited at the end of a section.

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

[RESERVED]

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 wi…

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 Health Care Authority - Child Support Services Division.

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 reg…

A debt of support is not released by a discharge in bankruptcy. (11 USC 523(a)).

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 cou…

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.

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 ther…

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.

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 pro…

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 (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.

December 30, 2010, unless a later date is cited at the end of a section.

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

[RESERVED]

The Title IV-D agency uses a variety of processes, both administrative and judicial, to enforce support obligations.

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 over…

New Mexico Health Care Authority - Child Support Services Division.

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…

Federal tax refund offset is utilized to pay support arrearages, including child support, medical support, and spousal support. Cases meeting specific criteria are referred to the U.S. department of treasury's financial management service. A. Criteria for federal income tax offse…

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…

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 wh…