New Mexico Administrative Code

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 de…

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 …

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 fin…

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 law and regulations.

[RESERVED]

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 lice…

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 …

New Mexico Health Care Authority - Child Support Services Division.

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 c…

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

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. …

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]

In accordance with federal regulations, the IV-D agency may secure and enforce support obligations from federal employees and members of the armed forces through income withholding, garnishment, and similar proceedings. Monetary amounts due from, or payable by, the United States …

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…

New Mexico Health Care Authority - Child Support Services Division.

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 receip…

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 …

Assets seized from accounts will be distributed according to the Title IV-D agency distribution rules.

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.

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 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 purpo…

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 $…

New Mexico Health Care Authority - Child Support Services Division.

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 o…

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…

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 progra…

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 w…

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 cou…

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 no…

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

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. …

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]

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 h…

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 of…

New Mexico Health Care Authority - Child Support Services Division.