New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM
Part 110 - INCOME WITHHOLDING
Section 8.50.110.8 - INCOME WITHHOLDING
Universal Citation: 8 NM Admin Code 8.50.110.8
Current through Register Vol. 35, No. 18, September 24, 2024
State and federal laws require the Title IV-D agency to obtain an immediate income withholding in all Title IV-D cases.
A. The Title IV-D agency complies with 45 CFR § 303.100 by ensuring that payments for support, including lump sum payments, are made by immediate income wage withholding.
B. Although the Support Enforcement Act provides for a good cause exemption to immediate wage withholding and a procedure to avoid immediate income withholding, the Title IV-D agency will not stipulate or agree to such provisions. The party requesting to avoid wage withholding bears the burden of proof on this issue with the court.
(1) The Title IV-D agency
will comply with any valid court or administrative order that prohibits wage
withholding.
(2) If an obligor
receives an exemption to wage withholding and later accrues a delinquency, the
Title IV-D agency, in its discretion, may pursue wage withholding from the
appropriate judicial or administrative authority.
(3) Wage withholding will commence
immediately upon issuance of the notice of income withholding. The notice shall
inform the obligor that he or she has 30 days from the date of the notice to
contest or appeal the income withholding.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
