New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM
Part 112 - ADMINISTRATIVE ENFORCEMENT OF SUPPORT OBLIGATIONS
Section 8.50.112.14 - LOTTERY
Current through Register Vol. 35, No. 18, September 24, 2024
The Title IV-D agency and the lottery commission work cooperatively to intercept lottery winnings for debts collected by the Title IV-D agency.
A. State law authorizes the Title IV-D agency to place a lien on lottery winnings owed by delinquent child support obligors. Lists of delinquent obligors are provided by the Title IV-D agency to the lottery commission who then compares the list with lottery winners claiming prizes of more than $600. The lottery commission then notifies the Title IV-D agency of any matches. The Title IV-D agency must provide the lottery commission with verification of the support lien within five business days. The verification of the support lien will include a notice of administrative lien requesting the lottery commission retain the funds for 90 days or until such time the administrative process is completed, so long as the process is completed within 90 days. If no delinquency exists, the notification will be a release of lien.
B. If the lottery winner is verified by the Title IV-D agency as owing a debt collected by the agency, the Title IV-D agency has 90 days to initiate an administrative action against the winner. The Title IV-D agency will notify the winner by mailing a copy of the notice of administrative lien to the obligor at the last known address of record with the Title IV-D agency via registered mail. The notice of administrative lien will notify the obligor that he or she has 15 days from the date of the notice to contest or appeal the administrative lien. The notification sent to the obligor provides the address and telephone number for the obligor to contact the Title IV-D agency to request a hearing to appeal the referral. If the obligor does not contest the notice of administrative lien within the required timeframe, a notice for release of funds to the Title IV-D agency is mailed to the lottery commission instructing it to forward the lottery winnings to the Title IV-D agency. If the obligor contests the notice of administrative lien and timely requests a hearing, an administrative hearing will be conducted in accordance with 8.50.130 NMAC.
C. If an administrative seizure proceeding is not initiated with the 90-day period, the Lottery Commission shall release the prize payment to the winner. Section 6-24-22 et seq., NMSA 1978.
