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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)
No
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No

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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