N.M. Admin. Code § 8.50.100.7

Current through Register Vol. 35, No. 17, September 10, 2024

Section 8.50.100.7 - DEFINITIONS

Unless otherwise apparent from the context, the following definitions shall apply throughout these regulations.

A."Account" means a demand deposit account checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account.

B."Arrearage" means the amount of support owed that was unpaid and has been consolidated into a judgment. Also referred to as arrears or past-due support.

C."AFDC" means aid to families with dependent children. AFDC is now replaced by the TANF/ NM works program. Where TANF/ NM works is referenced in these regulations, the provisions apply to AFDC cases.

D."Authorized representative" means a person acting under the authority of a valid power of attorney (with a general or specific designation regarding a child support case), a guardian ad litem, an attorney representing a person, or the parent of a minor having a child support case. The person will be required to produce documentation of his or her authorized status.

E."Business day" means a day on which state offices are open for regular business.

F."CP" means custodial party or custodial parent.

G."CSED" means the child support enforcement division of the human services department that is the New Mexico Title IV-D agency, designated by Section 27-2-27 et seq., NMSA 1978, as the single state agency for the enforcement of child, medical, and spousal support obligations pursuant to Title IV-D of the Social Security Act.

H."CSES" means the child support enforcement system (the computer system for CSED).

I."Delinquency" means any payment under an order for support that has become due and is unpaid and has not been consolidated into a judgment. This may also be known as overdue support.

J."Department" means the New Mexico human services department.

K."Department's records" means all physical and automated records maintained by the department on any person, as well as access to automated and physical records maintained by other persons.

L."Dependent" means a minor who has not emancipated by age or by court order. This is the same as a "minor child."

M."DMSH" means data match specification handbook.

N."Distribution" means the act of collecting child support payments and disbursing those payments to the proper individual or agency.

O."District court" means the judicial district courts, family courts, and child support hearing officers having jurisdiction over child support matters in the state of New Mexico.

P."Employer" means the same as the term in Section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization.

Q."FIDM" means financial institution data match.

R."Financial institution" is defined in Section 27-1-13 et seq., NMSA 1978.

S."Family violence" means the family violence indicator or non-disclosure indicator on the child support computer system.

T."Genetic testing" means any testing methodology used to determine parent and child relationship as described in Section 40-11A-503 et seq., NMSA 1978.

U."Hearings bureau" means the Title IV-D hearings bureau.

V."Hearing officer" means the Title IV-D administrative hearings officer or administrative law judge.

W."HSD" means the human services department.

X."Location" means information concerning the physical whereabouts of a person or the person's employer(s), other sources of income, or assets as appropriate, which is sufficient and necessary to take the next appropriate action in a case.

Y."NCP" means non-custodial party or non-custodial parent.

Z."Obligee" means any person who is entitled to receive support under an order for support or that person's legal representative or assignee pursuant to Subsection F of Section 27-2-28 NMSA 1978.

AA."Obligor" means the person who owes a duty to make payments under an order for support.

BB."Order for support" means any order that has been issued by any judicial, quasi-judicial or administrative entity of competent jurisdiction of any state, territory, or nation that has entered into a reciprocal agreement for the establishment and enforcement of orders for support with the United States and which order provides f

(1) periodic payment of funds for the support of a child or a spouse;

(2) modification or resumption of payment of support;

(3) payment of delinquency; or

(4) reimbursement of support.

CC."Payor" means any person or entity who provides income to an obligor.

DD."Person" means an individual, corporation, partnership, governmental agency, public office or other entity.

EE."Physical or emotional harm" means being subjected to: physical acts that resulted in, or threatened to result in, physical injury; sexual abuse; sexual activity involving a dependent child; being forced as the caretaker relative of a dependent child to engage in non-consensual sexual acts or activities; threats of, or attempts at, physical or sexual abuse; mental abuse; being subject to a pattern of emotional or psychological attacks that may include embarrassment, isolation, blaming, name-calling, humiliation, threats, shaming, extreme jealousy, gaslighting, intimidation, and manipulation resulting in a range of emotional trauma that may include: confusion, fear, difficulty concentrating, anxiety, social withdrawal, sleep disruption, and depression; or neglect or deprivation of medical care.

FF."Proof of service" means the completed document demonstrating that service has been completed in accordance with the New Mexico rules of civil procedure at Rule 1-004 NMRA. The documents include, but are not limited to: an affidavit of mailing, acceptance of service, certificate of service, or return of service.

GG."Secretary" means the secretary of the human services department.

HH."SDU" means the state disbursement unit that collects and disburses payments in all Title IV-D cases.

II."Service of process" means:

(1) service has been accepted by the person signing an acceptance of service; or

(2) service performed pursuant to Rule 1-004 NMRA.

JJ."Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child or children, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, medical support, or arrearages.

KK."TANF/NM works" means federally funded temporary assistance to needy families / New Mexico works (see AFDC).

LL."Title IV" programs mean the various programs operated under the Social Security Act (42 USC Chapter 7, Title IV). IV-A refers to TANF and IV-B or IV-E refers to foster care. See definition below for "IV-D".

MM."Title IV-D" or "Title IV-D agency" or "IV-D agency" means the single and separate state agency authorized by Title IV, Subsection D of the Social Security Act (42 USC 651 et seq.) to operate a child support program. Both states and tribes may administer a Title IV-D program. The New Mexico "Title IV-D" agency is authorized by Section 27-2-27 et seq., NMSA 1978.

NN."Title IV-D agency director" or "division director" means the director of the child support enforcement division of the New Mexico human services department.

OO."Title IV-D staff" or "IV-D staff" means employees of the state of New Mexico assigned to operate a child support program to also include any contractors with the IV-D agency.

PP."Title XIX" means medicaid programs that are operated under Title XIX of the Social Security Act.

QQ."UIFSA" means Uniform Interstate Family Support Act (replaces the former Uniform Reciprocal Enforcement of Support Act). A case from another jurisdiction that has not yet adopted UIFSA shall be treated as a New Mexico UIFSA case. (See Section 40-6A-101 et seq., NMSA 1978).

N.M. Admin. Code § 8.50.100.7

8.50.100.7 NMAC - Rp, 8.50.100.7 NMAC, 12/30/10, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022