N.M. Admin. Code § 8.50.112.8

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

Section 8.50.112.8 - PARENTAL RESPONSIBILITY ACT (LICENSE SUSPENSION)

The Title IV-D agency submits a certified list of support obligors who are 30 days or more delinquent on their monthly support obligation to the appropriate boards, commissions, courts, or agencies responsible for issuing drivers, professional, occupational, and recreational licenses as detailed in the Parental Responsibility Act, Sect. 40-5A-1 et seq., NMSA 1978.

A. Automated referral process: The Title IV-D agency provides a certified list of all obligors who meet the referral criteria to various state licensing boards. The licensing boards report back to the Title IV-D agency what action the board has taken in connection with the Parental Responsibility Act. The Title IV-D automated system will refer cases that meet the following criteria:

(1) the obligor is delinquent 30 days or more in payment of court ordered support;

(2) a notice has been sent to the obligor's last address of record with the Title IV-D agency notifying the obligor of the impending license suspension/revocation;

(3) there is no court order prohibiting the referral; and

(4) 30 calendar days have elapsed since the notice was sent to the obligor and no request for hearing was submitted by the obligors.

B. Administrative hearings are conducted by the licensing boards: If requested in writing by the licensing board, the Title IV-D agency will make available a witness to testify on the Title IV-D agency's behalf at an administrative hearing that may be held in connection with the Parental Responsibility Act.

C. Settlement:

(1) In all cases, the Title IV-D agency must make every effort to obtain lump sum payments to satisfy all arrearages, including prior judgments, current delinquency, and accrued interest.

(2) If an obligor has had his or her license suspended in multiple cases, the issuance of a certificate of compliance for one case will not release the license suspension(s) for obligor's other case(s). The obligor will have to make satisfactory arrangements for each case in order to be eligible for license reinstatement.

D. Arrears only cases: In an arrears only case, the monthly payment must be calculated using the current child support guidelines at Section 40-4-11.1 et seq., NMSA 1978, or a schedule that will fully pay the arrearages plus accumulated interest in 72 months or less.

E. Withdrawal of referral: If the obligor does not meet the minimum criteria for referral it will be withdrawn, and a certificate of compliance will be issued with a request to waive the reinstatement of fees.

F. Responsibilities of the obligor: The obligor must supply a valid mailing address for the processing of the certificate of compliance. The obligor may elect to have the certificate of compliance sent to his/her attorney of record, but must also provide the Title IV-D agency with a current, valid mailing address and physical address for the obligor.

N.M. Admin. Code § 8.50.112.8

8.50.112.8 NMAC - Rp, 8.50.112.8 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