N.M. Admin. Code § 8.50.105.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.50.105.8 - PROVISION OF SERVICES

The IV-D agency shall provide services to anyone who has filed a proper application for services.

A. Services to residents and non-residents: Services will be made available to residents of other states on the same terms as to residents of the state of New Mexico. The IV-D agency shall not be required to provide services when neither party resides in the state of New Mexico and the state is not actively seeking reimbursement of public assistance paid. There is no citizenship requirement as a pre-condition for Title IV-D services.

B. Provision of services for recipients of other benefit programs: Federal regulations also require the IV-D agency to provide services equally to intrastate and interstate cases, including IV-D, IV-E, medicaid only, and non-IV-A cases. Information detailing the services offered by the IV-D agency, the responsibilities of the custodial party, the IV-D agency's fee schedule, and requirements to cooperate must be provided to all recipients of IV-A and medicaid benefits within five days of referral to the IV-D agency. The IV-A agency provides this information to all applicants/recipients of IV-A and medicaid benefits when the IV-A case is opened.

C. Provision of services when all dependents are emancipated:

(1) Intrastate cases: The IV-D agency will not accept an application or re-open a closed case for the establishment or enforcement of a support order when all dependents are emancipated. The existence of a public assistance benefit history does not obligate the IV-D agency to pursue or re-open a case when the dependents are emancipated.

(2) Interstate cases: The IV-D agency will not establish paternity or an order of support after all dependents are emancipated. The IV-D agency will, however, enforce an existing order of support when all dependents are emancipated in accordance with Section 40-6A-101 et seq. NMSA 1978.

N.M. Admin. Code § 8.50.105.8

8.50.105.8 NMAC - Rp, 8.50.105.8 NMAC, 12/30/10, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024