New Mexico Administrative Code

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 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 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 an…

New Mexico Health Care Authority - Child Support Services Division.

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 - 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.). Sec…

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]

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…

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 su…

New Mexico Health Care Authority - Child Support Services Division.

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…

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 obtai…

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. Responding interstate cases: In all responding interstate cases (cases sent to the Title IV-D agency by another jurisdiction for the establishment or enforcement of a support obligation), the Title IV-D agency should review the documents received from the child support agency …

If there is a need to convert the support or judgment amounts into foreign currency, refer to 8.50.117.9 NMAC for the Title IV-D agency's process.

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

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. N…

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 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 St…

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 comp…

New Mexico Health Care Authority - Child Support Services Division.

New Mexico is a cost recovery state, and other states' IV-D agencies have been notified of this fact. All fees charged to the custodial party are deducted from payments the IV-D agency distributes to the custodial party. The amount the IV-D agency deducts from each payment will n…

Specific terms used in this section are derived from 42 USC 657 and 45 CFR 300 through 303. A. In accordance with federal regulations, for purposes of distribution in a IV-D case, amounts collected, except for amounts collected through federal income tax refund offset, must be di…

Any amount of support collected through federal income tax refund offset may be retained by the state to the extent support arrearages have been assigned to the state up to the amount necessary to reimburse the state for cumulative amounts paid to the family as assistance by the …

At the discretion of the New Mexico legislature, the IV-D agency may disburse an amount based on budget availability (refer to NMSA § 27-2B-7 and disregard for child support payments in 8.102.520.9 NMAC for allowable amount), to the IV-A service recipient from collections on curr…

Amounts collected as support in Title IV-E foster care cases will be distributed in accordance with 45 CFR 302.52.

The IV-D agency is not pursuing cash medical support on cases in which the child(ren) receives health care coverage through a public entity.

An application for public assistance by any person constitutes an assignment by operation of law of any support rights the person is entitled to from any other person, whether the support rights are owed to the applicant or to any family member for whom the applicant is applying …

As a condition of receiving IV-D services, all recipients must submit to the IV-D agency all court ordered, voluntary agreement and voluntary contribution child support directly received from the non-custodial party. Failure to cooperate with this requirement may constitute cause…

A medicaid only recipient, for whom an assignment of support rights is in effect, must receive medical support services but may choose to receive full services. If the recipient elects to receive full services, the recipient is required to turn over all child support received, to…

The IV-D agency provides two types of case services: full service and payment processing only. A. Full services cases: Recipients of IV-A services are automatically enrolled for full services and recipients of title XIX may elect to receive full services for all support or solely…

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

If a custodial party or non-custodial parent claims that a warrant issued to them has not been received, a replacement warrant shall be issued only if the original warrant has not been redeemed or at the discretion of the IV-D agency. If the IV-D agency determines that a replacem…

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.

September 1, 2022, 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. The IV-D agency has in effect procedures for the payment of support through the IV-D agency upon the request of either the non-custodial party or the custodial party, regardless of whether arrearages exist or withholding procedures have been instituted. The IV-D agency is desi…

The state IV-D agency has established and operates a state disbursement unit (SDU) for the collection and disbursement of payments in all IV-D cases pursuant to 42 USC 654(a).