N.M. Admin. Code § 8.50.125.19

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

Section 8.50.125.19 - CHILD SUPPORT CASE SERVICES

The IV-D agency provides two types of case services: full service and payment processing only.

A. Full services cases: Recipients of IV-A services are automatically enrolled for full services and recipients of title XIX may elect to receive full services for all support or solely for medical support. Full services cases include all services listed below as specific services may not be selected. Applicants not receiving any type of public assistance may also request full services that include:

(1) establishment of paternity;

(2) establishment of a child support order, medical support order, or both;

(3) enforcement of [a] child support orders, spousal support orders (so long as there is a current order for child support), and medical support orders;

(4) administrative enforcement of orders, including but not limited to referrals for tax intercepts, passport denial, license revocation, and financial institution data match;

(5) issuance of wage withholding against a non-custodial party's earnings/wages for support obligations; and

(6) modification of child support orders, if appropriate.

B. Payment processing only cases: A custodial party currently receiving full services from the IV-D agency or opening a new case with the IV-D agency may elect to receive payment processing only services so long as they are not currently receiving public assistance (Title IV-A or Title XIX) and does not have an outstanding balance of arrears owed to the state for prior public assistance. Payment processing only services are charged an annual fee as stated in section 10, above. In order to receive payment processing only services, the [custodial party] applicant for services must produce a valid court order (either issued by or registered by a court in New Mexico) for a support obligation that contains an income withholding provision or a copy of an income withholding order indicating that payments are to be sent to the IV-D agency.

(1) The IV-D agency is not responsible for:

(a) establishing, modifying, or enforcing the support obligation;

(b) establishing, modifying, enforcing, sending, or terminating the income withholding order;

(c) calculating or determining the appropriate amount of support, payment toward arrears, delinquencies, and arrearages;

(d) appearing in court for any issues involving the establishment, modification, enforcement or termination of the support obligations.

(2) The IV-D agency will provide either the custodial party or the non-custodial party a printout of the payments received by the IV-D agency after receiving a written request.

(3) The IV-D agency may terminate the payment processing only services if no payments are received for a period of two months.

N.M. Admin. Code § 8.50.125.19

8.50.125.19 NMAC - N, 12/30/10, 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