Chapter 40 — Chapter 40

program. The department shall designate an arrears management program starting on or after December 15, 2004 to provide amnesty for child support arrears, pursuant to procedures adopted by the department. The arrears management program shall not exceed more than twelve months and…

Income withholding is intended to ensure compliance with the order for support and provide for the liquidation of any delinquency which may have accrued. History: Laws 1985, ch. 105, § 3.

A. When an obligor accrues a delinquency, the obligee or public office may prepare and serve upon the obligor a copy of a verified notice of delinquency. The income of a person with a support obligation imposed by a support order issued or modified in the state before January 1, …

A. In any judicial proceeding in which child support is ordered, modified or enforced and which proceeding is brought or enforced pursuant to Title IV-D of the Social Security Act as provided in Section 27-2-27 NMSA 1978, the income of the support obligor shall be subject to imme…

A. The obligee or public office shall file an affidavit with the clerk of the district court showing that notice of delinquency has been duly served upon the obligor. B. Upon filing of the affidavit required by Subsection A of this section, the notice to withhold income shall be …

A. The income of an obligor shall be subject to withholding in an amount: (1) equal to the monthly support obligation set forth in the order for support; and (2) in the event of a delinquency, the additional amount of twenty percent of the monthly support obligation set forth in …

Except as provided in Section 40-4A-4.1 NMSA 1978, the obligor may contest the notice to withhold income by filing a petition with the clerk of the district court within twenty days after service of the notice of delinquency. Grounds for the contest shall be limited to a dispute …

A. Any payor who has been served with a notice to withhold income shall deduct and pay over income as provided in this section. The payor shall deduct the amount designated in the notice to withhold income no later than the next payment of income that is payable to the obligor fo…

withholding. A. When an obligor files a petition pursuant to Section 40-4A-7 NMSA 1978, the court, after due notice to all parties, shall hear and resolve the matter no later than forty- five days following the service of the notice of delinquency. Where the court cannot promptly…

Sections 1 through 10 [40-4B-1 to 40-4B-10 NMSA 1978] of this act may be cited as the "Child Support Hearing Officer Act". History: Laws 1988, ch. 127, § 1.

In establishing any support obligations pursuant to the Child Support Hearing Officer Act, the child support hearing officer shall be governed by the child support standards and guidelines set out by the New Mexico supreme court, by New Mexico statutes or by the secretary. Histor…

The purpose of the Child Support Hearing Officer Act is to provide the personnel and procedures necessary to insure prompt and full payment by obligated parties of child support obligations for their dependent children and, where applicable, attendant spousal support obligations.…

As used in the Child Support Hearing Officer Act: A. "department" means the child support enforcement bureau of the human services department [health care authority department]; and B. "secretary" means the secretary of human services. History: Laws 1988, ch. 127, § 3.

qualifications; compensation. A. Child support hearing officers shall be appointed by and serve at the pleasure of the judges of the judicial districts determined pursuant to Subsection D of this section. Each hearing officer shall be selected by a majority of the district court …

Actions covered under the Child Support Hearing Officer Act include but are not limited to petitions to establish support obligations, petitions to enforce court orders establishing support obligations, petitions to recover unpaid child support arrearages and post-judgment intere…

A. Child support hearing officers have the adjudicatory powers possessed by district courts under the Support Enforcement Act [40-4A-1 to 40-4A-16 NMSA 1978], the Revised Uniform Reciprocal Enforcement of Support Act [Uniform Interstate Family Support Act, 40-6A-1 NMSA 1978] and …

A. When a reference is made, the clerk of the court shall furnish the hearing officer with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the hearing officer shall proceed in lieu of the district court in accordance with t…

A. The child support hearing officer shall prepare a report with a decision upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, shall set them forth in the report. He shall file the report with the clerk of…

Within thirty days after the hearing officer's decision becomes final pursuant to Section 8 [40-4B-8 NMSA 1978] of the Child Support Hearing Officer Act, an applicant or recipient may file a notice of appeal in the same manner as that of an appeal from a district court decision p…

Chapter 40, Article 4C NMSA 1978 may be cited as the "Mandatory Medical Support Act". History: Laws 1990, ch. 78, § 1; 2003, ch. 287, § 1.

When an order for health care coverage pursuant to the Mandatory Medical Support Act is in effect, upon termination of the medical support obligor's employment or upon termination of the health care coverage, the employer, union or carrier shall make a good faith effort to notify…

When an order for health care coverage pursuant to the Mandatory Medical Support Act is in effect, the medical support obligor's employer, union or carrier shall release to the other parent, upon request, information on such coverage, including the name of the carrier. History: L…

A. A medical support obligor who fails to maintain the health care coverage for the benefit of a minor child as ordered pursuant to the Mandatory Medical Support Act shall be liable to the other parent for any medical and dental expenses incurred from the date of the court order.…

The department shall pursue the establishment and enforcement of an order for health care coverage of a minor child upon application of a custodial or noncustodial parent to the department and payment by the custodial or noncustodial parent of fees required by the department. His…

All remedies available for the collection and enforcement of child support apply to medical support ordered pursuant to the Mandatory Medical Support Act. For the purpose of enforcement, the costs of individual or group health or hospitalization coverage or liabilities establishe…

To ensure that children have access to quality medical care, it is the purpose of the Mandatory Medical Support Act to require parents to provide or purchase health care coverage for their minor children when such coverage is available. History: Laws 1990, ch. 78, § 2; 2003, ch. …

As used in the Mandatory Medical Support Act: A. "carrier" means an entity that offers, delivers or administers an employment- related or other group health care coverage plan, a health maintenance organization, a nonprofit health care plan or other type of health care coverage p…

A. The court shall determine a parent or both parents to be a medical support obligor based on the following: (1) the availability of health care coverage that meets or exceeds the minimum standards required under the Mandatory Medical Support Act; (2) the availability of health …

A. The medical support obligor shall provide to the medical support obligee within thirty days of receipt of effective notice of a court order for health care coverage pursuant to the Mandatory Medical Support Act written proof of the medical support obligor's compliance with tha…

A. Upon receipt of a national medical support notice or the court order for health care coverage pursuant to Section 40-4C-5 NMSA 1978 or upon application of the medical support obligor pursuant to the court order, the employer or union shall enroll the minor child as an eligible…

Any health care coverage plan ordered for a minor child pursuant to the Mandatory Medical Support Act shall, at a minimum, meet minimum standards of acceptable coverage, deductibles, cost-sharing, lifetime benefits, out-of-pocket expenses, co- payments and plan requirements as se…

No insurer, health maintenance organization or non-profit health care plan shall be required to change coverages offered as a result of the minimum standards promulgated pursuant to the Mandatory Medical Support Act. Nothing in the Mandatory Medical Support Act shall be construed…

The signature of the custodial parent of the minor child insured pursuant to a court order or a directive issued by the department is a valid authorization to the health insurer or dental insurer for purposes of processing an insurance reimbursement payment. History: Laws 1990, c…

This act [40-5A-1 to 40-5A-13 NMSA 1978] may be cited as the "Parental Responsibility Act". History: Laws 1995, ch. 25, § 1.

The supreme court shall adopt by order rules for the denial of applications or licensing and renewal of licenses and for the suspension or revocation of licenses of lawyers and other persons licensed by the supreme court for the failure of an applicant or licensee to be in compli…

A board may enter into a joint powers agreement with the regulation and licensing department to administer the provisions of the Parental Responsibility Act for the board. History: Laws 1995, ch. 25, § 11.

A. The department may enter into joint powers agreements with boards to assist in the implementation of the Parental Responsibility Act. The agreements shall provide for payment to the boards of federal funds to cover the portion of costs allowable under federal law and regulatio…

The department shall report to the governor and the legislature by December 1 of each year on the progress of child support enforcement measures, including: A. the number of delinquent obligors certified by the department; B. the number of obligors who also were licensees or appl…

The purpose of the Parental Responsibility Act is to require: A. parents to eliminate child support arrearages in order to be issued, maintain or renew a license; and B. compliance with, after receiving appropriate notice, subpoenas or warrants relating to paternity or child supp…

As used in the Parental Responsibility Act: A. "applicant" means an obligor who is applying for issuance of a license; B. "board" means: (1) the construction industries commission, the construction industries division and the electrical bureau, mechanical bureau and general const…

A person who submits an application for a license issued by a board is not eligible for issuance of the license if he is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings. A board that denies or pro…

A licensee who seeks renewal of his license from a board is not eligible to have the license renewed if he is not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings. A board that denies or proposes to de…

The failure of a licensee to be in compliance with a judgment and order for support or subpoena or warrants relating to paternity or child support proceedings is grounds for suspension or revocation of a license. The proceeding shall be conducted by a board or the administrative …

The department shall provide each board with a certified list of obligors not in compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings within ten calendar days after the first day of each month. By the end of …

As part of a judgment and order for support, a district court may require the obligor to surrender any license held by him or may refer the matter to the appropriate board for further action. History: Laws 1995, ch. 25, § 8.

On or before November 1, 1995, boards shall promulgate and file, in accordance with the States Rules Act [Chapter 14, Article 4 NMSA 1978], rules and regulations to implement the provisions of the Parental Responsibility Act. History: Laws 1995, ch. 25, § 9.

History: Laws 1907, ch. 49, § 4; Code 1915, § 5657; Laws 1919, ch. 46, § 1; C.S. 1929, § 151-104; Laws 1937, ch. 178, § 1; 1947, ch. 142, § 1; 1941 Comp., § 77-201; 1953 Comp., § 75-2-1; Laws 1971, ch. 234, § 10; 1977, ch. 254, § 92; 1982, ch. 10, § 3; recompiled as 40-6A-100 by …

Chapter 40, Article 6A NMSA 1978 may be cited as the "Uniform Interstate Family Support Act". History: Laws 1994, ch. 107, § 902; 1997, ch. 9, § 23; 1978 Comp., 40-6A-902 recompiled as 40-6A-100 by Laws 2005, ch. 166, § 47; § 40-6A-100 recompiled as § 40-6A-101 by Laws 2011, ch. …

As used in the Uniform Interstate Family Support Act: A. "child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed …

A. The district courts are the tribunals of this state. B. The human services department [health care authority department] is the support enforcement agency of this state. History: Laws 1994, ch. 107, § 102; 1997, ch. 9, § 2; recompiled as 40-6A-105 by Laws 2005, ch. 166, § 47; …