New Mexico State Law
1. General Program-At-A-Glance
1. How many local child support 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. |
2. What is the name of your IV-D agency? |
Child Support Enforcement Division |
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
Judicial only. New Mexico can administratively enforce a support obligation.
Url : https://www.nmcompcomm.us/
For Additional Information - No Link Provided |
4. Does your state use the following applications: EDE, CSENET, QUICK? |
Yes |
2. Duration Of Support
3. Statute Of Limitations
1. What is your state's statute of limitations for the collection of past-due support? |
14 years from date of judgment or unpaid court ordered support.
Url : https://www.nmcompcomm.us/
For Additional Information - No Link Provided |
2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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.
Url : https://www.nmcompcomm.us/
For Additional Information - No Link Provided |
3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
No
For Additional Information - No Link Provided |
4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
8. Distribution
1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
Yes. $100 pass through in current assistance cases. NM IRG Profile as of 2-28-2022 |
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
No |
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
State arrears first (PRWORA distribution). |
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
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. |
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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.
For Additional Information - No Link Provided |
9. Enforcement
10. Modification And Review/Adjustment
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every 3 years or upon request or change of circumstance
For Additional Information - No Link Provided |
2. What is your state's modification procedure? Briefly describe. |
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.
For Additional Information - No Link Provided |
3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
A 20% change in the support amount and a year since entry of the last order creates a presumption for modification.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
For Additional Information - No Link Provided |
4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes
For Additional Information - No Link Provided |
4.4. The cost of living has changed. |
No |
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
4.6. There has been a substantial change in childcare expenses. |
Yes |
4.7. 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.
For Additional Information - No Link Provided |
5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
No |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes
For Additional Information - No Link Provided |
11. Lump Sum Payments
1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
Not defined in statute.
For Additional Information - No Link Provided |
2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
No
For Additional Information - No Link Provided |
3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
OMB income withholding order. |
12. Cost Recovery And Fees
1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
Yes. The state charges standardized fees for various services. Fees are charged on a case-by-case basis as actions occur. |
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
All costs are deducted from payments to the custodian at the rate of 10% per payment, except for those shown below. Recoupment for NSF (insufficient funds) and paternity testing fees if result is positive are collected from the non-custodial parent. |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
Yes. When requested |
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
3.1. Is it retained by the state from support collected? |
No |
3.2. Is it paid by the individual applying for child support services? |
No |
3.3. Is it recovered from the noncustodial parent? |
No |
3.4. Is it paid by the state out of its state funds? |
Yes |
13. Insurance Match
1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
No
For Additional Information - No Link Provided |
2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
Any delinquency amount qualifies for a referral, but CSED will not proceed with a lien unless the noncustodial parent has a delinquency of at least three full monthly obligation amounts. |
3. What process does your state use to intercept insurance payments? |
Writ of Garnishment, lien or income withholding.
For Additional Information - No Link Provided |
4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
Contact New Mexico CSED. Additional documentation of the child support claim may be required.
For Additional Information - No Link Provided |
5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
No. CSED only participates in OCSE insurance match program. |
14. Family Violence
15. CSENet
1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
No |
2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
NO |
3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
NO |
4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
NO |
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
NO |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
NO |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs 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.
Court Clerks charge for certified copies. CSED does not charge for obtaining certified court orders.
For Additional Information - No Link Provided |
2. What are the procedures and associated costs for obtaining a certified payment record? |
CSED can provide a certified payment record of all payments received by and reported to CSED upon request.
CSED does not charge for providing certified payment records.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
18. International - Reciprocity
1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
None |
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
No |
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
No |
19. International Information For Hague Convention Countries
20. International Payments
1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
K-warrant (paper check). |
2. 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. |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
No |
21. Tribal Non IV-D
1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
Yes |
1.1. If yes, list the tribes and identify services provided, if less than full services. |
Acoma, Isleta, Laguna and Zia Pueblos: full services provided in accordance with customs and laws of the individual tribal courts. Joint Powers Agreement with the Navajo Nation.
For Additional Information - No Link Provided |
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
No additional licensure is required. To practice in the Pueblos, the attorney is required to submit an application. Permission is approved by the administration of each Pueblo. |