N.M. Admin. Code § 8.50.110.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.50.110.8 - INCOME WITHHOLDING

State and federal laws require the Title IV-D agency to obtain an immediate income withholding in all Title IV-D cases.

A. The Title IV-D agency complies with 45 CFR § 303.100 by ensuring that payments for support, including lump sum payments, are made by immediate income wage withholding.

B. Although the Support Enforcement Act provides for a good cause exemption to immediate wage withholding and a procedure to avoid immediate income withholding, the Title IV-D agency will not stipulate or agree to such provisions. The party requesting to avoid wage withholding bears the burden of proof on this issue with the court.

(1) The Title IV-D agency will comply with any valid court or administrative order that prohibits wage withholding.

(2) If an obligor receives an exemption to wage withholding and later accrues a delinquency, the Title IV-D agency, in its discretion, may pursue wage withholding from the appropriate judicial or administrative authority.

(3) Wage withholding will commence immediately upon issuance of the notice of income withholding. The notice shall inform the obligor that he or she has 30 days from the date of the notice to contest or appeal the income withholding.

N.M. Admin. Code § 8.50.110.8

8.50.110.8 NMAC - Rp, 8.50.110.8 NMAC, 12/30/10, Amended by New Mexico Register, Volume XXX, Issue 10, May 28, 2019, eff. 7/1/2019, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022