N.M. Admin. Code § 8.50.125.10

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

Section 8.50.125.10 - COLLECTION OF FEES/RECOUPMENTS

New Mexico is a cost recovery state, and other states' IV-D agencies have been notified of this fact. All fees charged to the custodial party are deducted from payments the IV-D agency distributes to the custodial party. The amount the IV-D agency deducts from each payment will not exceed ten percent of the total amount of the distribution. Once the percentage for the fee is deducted, the balance of the distribution is sent to the custodial party. Title IV-A, Title IV-E and medicaid-only (Title XIX) recipients are not charged any fees. Federal regulations will not allow cost recovery on these cases. A listing of any applicable fees will be given to all customers.

A. Potential fee types:

(1) non-IV-D wage withholding payment processing only: actual cost;

(2) non-IV-A full service IRS collection: actual cost;

(3) paternity genetic testing: actual cost;

(4) non-IV-A/IV-E case processing: actual cost;

(5) filing fee: actual cost;

(6) witness fee: actual cost;

(7) service of process: actual cost;

(8) expert witness fee: actual cost;

(9) court costs: actual cost;

(10) establishment of support order and paternity (if necessary): actual cost;

(11) order modification: actual cost

(12) enforcement actions: actual cost;

(13) IRS tax intercept service: actual cost per intercept;

(14) TRD tax intercept service: actual cost per intercept;

(15) administrative offset: applicable federal fee;

(16) parental kidnapping locator fee: actual cost;

(17) bad check: actual cost;

(18) recoupment: actual cost.

B. Refund of fees: Fees are to be refunded only under the following conditions:

(1) fees have been charged in error or overcharged;

(2) the court orders a refund.

C. Fees are assessed to the custodial or non-custodial party requesting an action or service (i.e. establishment of paternity, modification or enforcement of support obligation) in a IV-D case in accordance with the fee schedule above.

D. Genetic testing fees: See 8.50.107.12 NMAC in addition to the fee schedule listed above.

E. Recoupment: The IV-D agency will recoup from the custodial party for any over-distribution of funds and for any funds collected from the non-custodial party that are returned for insufficient funds. If the recoupment is pursuant to an over-distribution of funds, the recoupment amount shall not exceed twenty-five percent of any future distribution to the custodial party until paid in full. If the recoupment is pursuant to insufficient funds received from the non-custodial party's payment, the recoupment amount shall be one hundred percent of any future distribution to the custodial party until paid in full.

N.M. Admin. Code § 8.50.125.10

8.50.125.10 NMAC - Rp, 8.50.125.10 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, Adopted by New Mexico Register, Volume XXXIII, Issue 15, August 9, 2022, eff. 9/1/2022, Amended by New Mexico Register, Volume XXXIV, Issue 24, December 19, 2023, eff. 1/1/2024