N.M. Admin. Code § 8.50.115.8

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

Section 8.50.115.8 - EXPEDITED PROCESSES

Expedited processes are the administrative and judicial processes that increase program effectiveness and meet the processing time specified. The following timeframes apply to the IV-D agency.

A. In IV-D cases needing support order establishment, regardless of whether paternity has been established, action to establish support orders must be completed from the date of service of process to the time of disposition within the following time frames:

(1) seventy-five percent (75%) of cases within six (6) months; and

(2) ninety percent (90%) of cases within twelve (12) months.

B. In IV-D cases where a support order has been established, the IV-D agency must:

(1) monitor compliance with the support obligation;

(2) identify a delinquency on the date the obligor fails to make payments in an amount equal to the support payable for one (1) month, or on an earlier date in accordance with state law; and

(3) enforce the obligation by:

(a) initiating income withholding;

(b) taking any appropriate enforcement action (except income withholding and federal and state tax intercepts):

(i) unless service of process is necessary, within no more than thirty (30) calendar days of either identifying a delinquency or other support related non-compliance with the order, or the location of the delinquent parent, whichever occurs later; or

(ii) if service of process is necessary prior to taking an enforcement action, service must be completed (or unsuccessful attempts, despite diligent efforts to serve process, must be documented) and enforcement action taken if process is served, within sixty (60) calendar days of identifying a delinquency or other support related non-compliance with the order, or the location of the delinquent parent, whichever occurs later; diligent efforts consist of a minimum of two separate attempts to complete service; the attempts must be made at different locations, or if at the same location, on different days;

(iii) submitting once a year all cases that meet the certification requirements for federal and state tax offset; and

(iv) in cases in which enforcement attempts have been unsuccessful, at the time an attempt to enforce fails, examining the reason the enforcement attempt failed and determining when it would be appropriate to take an enforcement action in the future, and taking an enforcement action in accordance with the requirements of this section at that time.

C. In cases where the IV-D agency uses long-arm jurisdiction and disposition occurs within twelve (12) months of service of process on non-custodial parent, the case may be counted as a success within the six (6) month tier of the time frame.

N.M. Admin. Code § 8.50.115.8

8.50.115.8 NMAC - Rp, 8.50.115.8 NMAC, 12/30/10