N.M. Admin. Code § 8.50.111.12

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.50.111.12 - CONTEMPT PROCEEDINGS

The Title IV-D agency will pursue contempt provisions when the non-custodial parent has a delinquency of at least three months, and there is sufficient evidence that the non-custodial parent has an ability to pay or otherwise comply with the order. If an obligor is found by a court to be in contempt of court, the Title IV-D agency may request the court issue a bench warrant for the arrest of the obligor. Any bond requested by the Title IV-D agency in a bench warrant shall be a cash only bond to be paid to the Title IV-D agency and distributed in accordance with federal and state laws regarding distribution of support payments.

A. The Title IV-D agency will screen the case for information regarding the non-custodial parent's ability to pay or otherwise comply with the order.

B. The Title IV-D agency will provide the court with information regarding the non-custodial parent's ability to pay or otherwise comply with the order.

C. The Title IV-D agency will provide clear notice to the non-custodial parent that their ability to pay constitutes the critical question in the civil contempt action.

N.M. Admin. Code § 8.50.111.12

8.50.111.12 NMAC - Rp, 8.50.111.16 NMAC, 12/30/10, Amended by New Mexico Register, Volume XXX, Issue 19, October 15, 2019, eff. 1/1/2020, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022