New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS
Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN
Section 8.106.430.10 - CHILD SUPPORT ENFORCEMENT

Universal Citation: 8 NM Admin Code 8.106.430.10

Current through Register Vol. 35, No. 18, September 24, 2024

A. Assignment of support rights: A caretaker who receives cash assistance for an unrelated dependent child, whether or not the caretaker is included in the benefit group, automatically assigns to HSD the right to child support for any individual included in the benefit group. The assignment shall be:

(1) effective with respect to any dependent child included in the benefit group;

(2) valid as long as the caretaker receives GA payments on the child's behalf; and

(3) includes any child support amount for which the caretaker is or may become eligible on behalf of any dependent child included in the benefit group.

B. Cooperation:

(1) The caretaker who is responsible for each child included in the benefit group must cooperate with the child support enforcement division (CSED) in obtaining child support. The caretaker shall be required to cooperate regardless of whether the caretaker is included in the benefit group.

(2) Failure to cooperate with a child support enforcement requirement will result in payment reduction through the sanction process.

(3) Failure to cooperate shall result in the personal ineligibility of the caretaker if the caretaker is included in the GA benefit group, and in a payment sanction against the benefit group, as described in 8.106.620.10 NMAC.

(4) The caretaker must turn over to CSED any child support payment which the caretaker receives directly from a noncustodial parent of the unrelated dependent child.

C. Determining that cooperation exists:

(1) A caretaker who signs an application or other applicable child support-related forms, on behalf of an unrelated dependent child indicates an understanding of the requirement to assign support rights to the department.

(2) The caretaker shall be considered to have met the cooperation requirement until such time as CSED reports to the caseworker that the caretaker has failed to cooperate.

(3) The determination whether the caretaker has cooperated with CSED shall be made by CSED based on CSED requirements.

(4) The cooperation requirement may be partially or fully waived by CSED upon demonstration of good cause by the caretaker.

D. Action upon receiving notice of noncompliance: Within ten days after notification by CSED of the failure of a caretaker to cooperate, the caseworker shall take action that is appropriate to the status of the case, including:

(1) issuing a conciliation notice that allows a period of time for the caretaker to cooperate and avoid payment reduction ; or

(2) removing the needs of the dependent child from the cash assistance payment; and

(3) imposing a noncompliance sanction, in cases where the caretaker is included in the benefit group;

(4) in a cases where the dependent child is the only benefit group member, GA benefits shall be terminated upon a determination that the caretaker has failed to cooperate with the assignment of rights to child support.

E. Good cause:

(1) In some situations, it is not in the best interests of the child or caretaker to pursue support or to require that the caretaker cooperate with CSED in pursuing such support. A caretaker shall be:
(a) notified that the requirement to cooperate may be waived,

(b) informed of the requirements involved in the waiver, and

(c) given an opportunity to request a waiver that would exempt the caretaker from the cooperation requirement.

(2) If a caretaker requests a waiver of the cooperation requirement, assistance shall not be delayed pending determination of good cause, nor may enforcement of support begin or continue while the waiver of the requirement is under consideration.

(3) Granting a good cause exemption: The decision whether to grant a good cause exemption shall be made according to the following:
(a) ISD-domestic violence exemption: ISD shall exempt a caretaker from CSED cooperation requirements where a trained counselor, such as a domestic violence counselor or social worker, has certified that cooperation would make it more difficult to escape a domestic violence situation involving a parent of the dependent child, or would unfairly penalize the caretaker or child in light of current circumstances.

(b) CSED-other good cause exemptions: All other good cause exemptions from cooperation with CSED requirements shall be made by the director of the CSED or designee.

(4) Notification: The caseworker shall send a caretaker a written notice when a waiver has been granted due to domestic violence.
(a) The caretaker shall be informed whether CSED has determined that support can be pursued without danger or risk to the caretaker or child. If pursuit is planned, the caretaker shall be notified that he or she must cooperate to the extent of providing necessary information and documents and that, if the caretaker does not comply to the extent possible, a noncompliance sanction will be imposed or benefits will be terminated.

(b) A caretaker shall be notified of the right to a fair hearing, and that the caretaker may ask for such a hearing within 90 days of the date on the written notice.

(c) If CSED determines that good cause does not exist, the caseworker shall notify the caretaker within 10 working days that:
(i) the request has been denied;

(ii) the caretaker is expected to cooperate fully in pursuing support; and

(iii) the caretaker may request an administrative hearing, but that the caretaker is expected to begin cooperating within ten days after the date of the notice.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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