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New Mexico State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There are 14 local County offices plus our Central Office in the State of New Mexico.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
NMSA 27-2-27 (C) and (D)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Section 40-6A-100, et seq. NMSA 1978
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One (1) set of original documents

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Acoma, Isleta, and Laguna Pueblos: services provided in accordance with customs and laws of the individual tribal courts. Joint Powers Agreement with the Navajo Nation
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age.
D2. What is the statutory citation for the age of majority?
Section 40-4-7 (B)(3)(b)NMSA 1978
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years of age, unless still in high school, then up to 19 years of age if stated in court order.
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
In all NM orders issued prior to June 20, 1997 child support terminates at age 18.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
If the child is under 19 and still in high school, support can be ordered through 19. Support can also be continued past emancipation age if the child is severely disabled, which is a determined on case by case basis by the courts
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
14 years from date of judgment or unpaid court ordered support.
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E2. What is your State's statute of limitations for paternity establishment?
Paternity may be established for a child up to the child's 21-st birthday (i.e. up to 3 years after the age of emancipation). Up to age 18, the action would be initiated by the parent; after age 18 and up to age 21, the action would be initiated by the child.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
For child support: 4.0% from May 19, 2004 to current; 8.75% from June 18, 1993 to May 18, 2004; 15.0% from June 17, 1983 to June 17, 1993 For cash medical support: 8.75% from June 18, 1996 to current; 15% from June 17, 1983 to June 17, 1993. For spousal support: 8.75% from June 18, 1994 to current; 15% from June 17, 1984 to June 17, 1994
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
See F2.1
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
The percentage is at the court's discretion. Custodial party is responsible for providing bills to the court and obtaining a judgment which may be enforced by our agency.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
All costs are deducted from payments to obligee at the rate of 10% per payment, except for those shown below.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Recoupment for NSF (insufficient funds) and paternity testing fees if result is positive.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
When requested
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
UIFSA Section 40-6A-201; NMSA 197840-11A-104.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Enforce only. We will enforce only if spousal support is sought in combination with an on-going child support obligation.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The State pays the fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
New Mexico would pursue a new court order allowing for the distribution of payments to the new payee.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
New Mexico would pursue a new court order allowing for the distribution of payments to the new payee
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
New Mexico would pursue a new court order allowing for the distribution of payments to the new payee
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State of New Mexico pays this fee.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Genetic fees, court courts in some instances
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Income is defined as not including required withholdings, union dues, amounts exempted by federal law or public assistance payments; see Section 40-4A-2 (E)NMSA 1978
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
50% of obligor's income
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$1.00 per withholding
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Next payment after service
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days of pay date.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Subpoenas, court hearings and request the employer pay applicable unpaid portion.
G7. What is the penalty to an employer for failure to remit payments withheld?
A fine for the total amount that the employer willfully failed to withhold.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
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G8.2. What documents are required to intercept UI benefits?
A complete UIFSA packet requesting Enforcement.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Send withholding to insurance carrier.
G10. How does an obligor contest income withholding in your state?
Payor may petition court at any time to modify, suspend or terminate withholding.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
See allocation scheme in NMSA Section 40-4A-8 (C).
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
See allocation scheme in NMSA Section 40-4A-8 (C).
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. When does your state require the employer to send notice of an employee's termination?
When obligor is no longer receiving income per NMSA 40-4A-8(B)
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
They need to honor the IWO, but no specific time period to retain it is specified.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No. The employer may assess a $1.00 processing fee per withholding.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No, not at this time.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, to employers.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Child support is first priority, then medical support, then arrears.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
PRWORA distribution rules are applied. Current support is paid first. Payments on arrears are paid next with distributions being prorated by priority and applied to the arrears owed to each state. Arrears due to the family are paid first. Arrears assigned to New Mexico are paid next. Assigned arrears due to other states are paid last.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
NMAC 8.50.125.11; 8.50.125.12; 8.50.125.13 and 8.50.125.14
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
These issues are treated separately.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
A valid acknowledgment of paternity filed with the Bureau of Vital Records and Health Statistics of the New Mexico Department of Health is equivalent to an adjudication of paternity of a child NMSA 40-11A-305.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
06/18/1993
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Rebutted by genetic tests.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Father and mother must either be married or both sign acknowledgement of paternity to establish a presumption of paternity
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
See NMSA 40-11A-204
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Putative Fathers Registry is maintained by the Bureau of Vital Records and Statistics, New Mexico Department of Health
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Fees are not waived by the Bureau of Vital Records and Statistics
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
There is no common-law marriage in New Mexico. New Mexico will recognize a common-law marriage that is legally created elsewhere
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Methods as allowed by court or under UIFSA in an interstate case.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
NMSA 40-11A-604(B) and 40-6A-201
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If recovery of genetic testing costs is requested, New Mexico will seek an order. If the costs are included in the foreign order, we will enforce the order for their collection
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
A court order or valid acknowledgement of paternity is needed.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents with a paternity affidavit for each child

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial only
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A
I1.2. Under what circumstances would a judicial process would be used?
It is used for every case.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The other parent's income
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Financial hardship - 40-4-11.1 (J) & 40-4-11.2.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
As determined by the court
I4.2. What information or documentation does your State require to proceed?
Testimony and supporting documents
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
If child(ren) is emancipated and there was no TANF paid out, our agency cannot establish support for prior periods.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
New Mexico can administratively enforce a support obligation.
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I6. What is your state's statutory authority for the administrative process?
27-1-11 NMSA
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
yes
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes and a new support order must be entered setting support obligation owed the non-parent custodial party.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Establishment if the issue was reserved and modification if support was set at $0 or parties agreed to no payment of support
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
A new support order would need to be obtained.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
A new support order would need to be obtained.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
No documents are sent or received electronically between New Mexico and the foreign country. The New Mexico Court system in the process of implementing electronic filing. The New Mexico Second Judicial District Court and the New Mexico Child Support Enforcement Offices overseeing Bernalillo County are currently using e-filing. No other New Mexico Child Support Enforcement field offices are using e-filing at this time. New Mexico may accept faxed and scanned signatures on pleadings and accepted documents
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
If applicable, child care expenses, cost of medical insurance, and extraordinary expenses are factored into the amount calculated under the guidelines. They are not add-ons. Extraordinary expenses may include (1) extraordinary medical, dental and counselling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year; (2) any extraordinary educational expenses for children of the parties; and (3) transportation and communication expenses necessary for long distance visitation or time sharing. Cash medical support is an add-on.
I17. Please provide the relevant statutory or case law citation. **
40-4-11.1
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case. New Mexico supports obtaining stipulated orders when possible and advocates for voluntary payments from non-custodial parents prior to enforcement procedures.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Both Administrative and Judicial depending on type of lien.
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
A child support obligation is needed to place a lien on real property.
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J2.2. Where are your state liens filed?
Real property liens are perfected by filing a Notice of Order or Decree with the County Clerk in the county where the real property is located.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
The County Clerk office charges a fee which varies depending on the number of pages filed.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
Upon delinquency and prior to a seize action.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
Notice is sent when assets are frozen.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
New Mexico is a Direct Levy State and there are no set time frames.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
There is a delinquency owed
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$500.00
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No, there is not a specified amount of time prior to proceeding with the freeze. After the freeze order and before proceeding with the seize order, the obligor has 15 working days to appeal the freeze.
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
All funds are subject to the freeze and seize process unless the funds are protected funds.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
15 days after they receive notice of the freeze action.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
The obligor has 30 days after notice of an administrative law judge decision to appeal the decision to the courts.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Grounds for challenging a freeze and seize action include mistaken identity, incorrect delinquency balance and joint ownership
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Both, the complaint process begins with an administrative hearing, and if the obligor disagrees with the decision, he or she can appeal through the judicial process.
J5.11. What are your state's penalties for incorrect seizures?
There are none.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Any account owner has appeal rights: Appeals must be requested in writing and mailed within 15 days from date of Notice.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and Automated
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
NMSA 27-1-11 & 27-1-13
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
3 working days after receiving freeze order from the state agency
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J6. Does your state withhold state funds or benefits?
No
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
New Mexico does not withhold state funds or benefits other than unemployment compensation and state tax refund intercepts.
J7. Describe any other administrative enforcement procedures your state may have.
FIDM, Passport Denial, Federal Administrative Offset, Liens, IRS Intercept, Lottery Intercept, Gaming Matches, and Drivers, Professional, Occupational, Hunting, Fishing, and Gaming license revocations and suspensions.
J8. Describe any other judicial enforcement procedures your state may have.
Garnishments, Contempt of Court actions such as bench warrants and Orders to Show Cause, Motions to Establish Payment Plan on Arrears, liens.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
N/A
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J10. Which of your state's enforcement remedies are available without judicial actions?
Direct interstate wage withholding, FIDM, Passport Denial; Federal Administrative Offset, Liens, IRS Intercept, Lottery Intercept; Gaming Matches, and Driver's, Professional, Occupational, Hunting, Fishing, and Gaming license revocations and suspensions.
J11. Describe your state's procedures for registering and enforcing another state's order.
UIFSA registration procedures
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
All judicial enforcement actions for in state cases are available after registration.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
See Section 39-4A-1 NMSA 1978
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
The obligor is 30 or more days delinquent. (VB)
J15. To which credit bureaus does your state report an obligor's child support information?
Transunion, Equifax, Experian and Innovis
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
None
J19. What documentation does your state require to proceed with an AEI request?
N/A
J20. What mandatory data elements does your state need to process AEI requests?
N/A
For Additional Information - No Link Provided
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
N/A
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
A certified copy of an order may be requested from the Clerk of Courts Office of the court that issued the order or by sending a Transmittal #3 request to CSED.
J26. What is the procedure for obtaining a certified payment record?
CSED can provide a certified payment record of all payments received by and reported to CSED upon request.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
Court Clerks charge for certified copies. CSED does not charge for obtaining certified court orders or for providing certified payment records.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
If an individual is delinquent 30 days or more, NM CSED sends a referral to MVD, NM Game and Fish, and professional licensing agencies for license suspension. CSED does not apply hardship exemption for a license suspension referral.
J29. What triggers a driver's license revocation?
The Obligor is delinquent 30 days or more.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
An amount equal to one month's delinquency
J29.2 If yes, what is the amount?
An amount equal to one month's delinquency
J30. Under what conditions may a noncustodial party restore the driver's license?
The obligor has to work with the assigned CSED representative to become current on the outstanding obligation or to make satisfactory arrangement to pay the delinquency.
J30.1 What is the process for restoring a driver's license?
Once the driver has qualified to have his/her license reinstated, there is an electronic exchange of compliance information with the New Mexico Motor Vehicle Division
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
N/A in child support cases.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes, NM does submit delinquent cases to the debtor file for administrative offset.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
yes
J33.2 What is the dollar amount?
The amount is $500.00.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
yes
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
yes
J36.2 What is the dollar amount?
The amount is $500.00.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
yes
J38.2 What is the dollar amount?
The amount is $500.00.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
yes
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years or upon request or change of circumstance
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
On request of the CP or NCP in non-TANF cases. In all cases every three years a notice of review for modification is sent out automatically requesting income, daycare and medical support information to conduct a review the child support obligation.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A 20% change in the support amount and a year since entry of the last order creates a presumption for modification.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
A showing of material and substantial changes in circumstances subsequent to the entry of the current order
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
This is not done automatically. The court makes these determinations on a case by case basis.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
This is not done automatically. The courts make these determinations.
K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
It depends on the type of request.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Depends on the request.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
The UIFSA Registration packet
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
No, the order has to specify this.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Arrears payment only unless the order specifies a different amount.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else The child marries The child is adopted by someone other than the non-custodial parent The child has been removed from the family and is a civil ward of the state The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A
L1.2 Provide the statutory citation.
N/A
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Writ of Garnishment
L8. What other documents does your state use to attach lump sum payments?
N/A
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
100% if garnished
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
No
L10.1 If yes, would the employer only withhold for that period's obligation?
No, New Mexico's income withholding limits would apply.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
None
L12. Does your state have a debit card program?
yes
L12.1 If so, specify the vendor.
Wells Fargo
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
ATM fees for withdrawals from non-Wells Fargo ATMs and for over 4 withdrawals from Wells Fargo ATMs and various other service fees.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location Payments may be made by income withholding Payments may be made by check or warrant Payments may be made in cash
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority All payments are processed upon receipt
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
None
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
No
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
No
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
NMSA 27-1-11
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Writ of Garnishment, lien or income withholding
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
It depends on the action taken. Usually both.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
NMSA 27-1-13,
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
15 days after they receive notice of the action. N/A
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
N/A
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Contact New Mexico CSED. Additional documentation of the child support claim may be required.
M7.1. What is the process, the points of contact, and what forms?
Contact NM CSED for current workers compensation process.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)