N.M. Admin. Code § 8.50.112.13

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

Section 8.50.112.13 - DENIAL OF PASSPORTS FOR NONPAYMENT OF CHILD SUPPORT

A. Referral for passport denial: The Title IV-D agency submits the names of obligors who owe support arrears in excess of $2,500 for inclusion in the OCSE database which is then sent to the U.S. department of state. The U. S. department of state denies passports to individuals whose name appears on the certified OCSE database of the OSCE as owing more than $2,500 in arrears. Once the department of state identifies a passport applicant as owing money for child support, the applicant will be notified by letter that the issuance or renewal of the passport has been denied, pending satisfactory payment of money owed to the Title IV-D agency. After the applicant makes satisfactory payment arrangements with the Title IV-D agency, the IV-D agency shall request that OCSE remove the applicant's name from its database. The Title IV-D agency makes every effort in its negotiations to obtain a lump sum payment sufficient to satisfy the entire delinquency and arrears balances, including accrued interest.

B. Contesting referral for passport denial: The obligor has 30 days from the date of the notification of a referral for passport denial to notify the Title IV-D agency that he or she contests the referral. The notification sent to the obligor provides the address and telephone number for the obligor to contact the Title IV-D agency to request a hearing to appeal the referral.

(1) Upon receipt of an appeal request from the obligor, a notice is generated by the administrative law judge and sent to the obligor and the Title IV-D agency.

(2) The notice shall set forth the time and place of the administrative hearing. The hearing is conducted in accordance with 8.50.130 NMAC.

(3) If the case is a non-IV-A case, the Title IV-D agency shall send a copy of the notice to the custodial party.

N.M. Admin. Code § 8.50.112.13

8.50.112.13 NMAC - Rp, 8.50.112.13 NMAC, 12/30/10, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022