A. Interest shall accrue on delinquent child support at the rate of four percent and spousal support at the rate set forth in Section 56-8-4 NMSA 1978 in effect when the support payment becomes due and shall accrue from the date the support is delinquent until the date the support is paid.
B. Interest shall accrue on a consolidated judgment for delinquent child support at the rate of four percent when the consolidated judgment is entered until the judgment is satisfied.
C. Unless the order, judgment, decree or wage withholding order specifies a due date other than the first day of the month, support shall be due on the first day of each month and, if not paid by that date, shall be delinquent.
D. In calculation of support arrears, payments of support shall be first applied to the current support obligation, next to any delinquent support, next to any consolidated judgment of delinquent support, next to any accrued interest on delinquent support and next to any interest accrued on a consolidated judgment of delinquent support.
E. The human services department shall have the authority to forgive accrued interest on delinquent child support assigned to the state not otherwise specified in an order, judgment, decree or income withholding order if, in the judgment of the secretary of human services, forgiveness will likely result in the collection of more child support, spousal support or other support and will likely result in the satisfaction of the judgment, decree or wage withholding order. This authority shall include the ability to authorize the return of suspended licenses.
History: Laws 1999, ch. 299, § 1; 2004, ch. 41, § 2.
The 2004 amendment, effective May 19, 2004, amended Subsection A to delete "or consolidated in a judgment" at the end of the subsection, amended Subsection B to delete a reference to 59-8-4 NMSA 1978 and insert a four percent rate of interest and added a new Subsection E.
Structure 2021 New Mexico Statutes
Article 4 - Dissolution of Marriage
Section 40-4-1 - Dissolution of marriage.
Section 40-4-2 - Incompatibility.
Section 40-4-4 - Venue; jurisdiction over property.
Section 40-4-5 - Dissolution of marriage; jurisdiction; domicile.
Section 40-4-6 - Verification of petition.
Section 40-4-7 - Proceedings; spousal support; support of children; division of property.
Section 40-4-7.1 - Use of life insurance policy as security.
Section 40-4-7.2 - Binding arbitration option; procedure.
Section 40-4-7.3 - Accrual of interest; delinquent child and spousal support.
Section 40-4-8 - Contested custody; appointment of guardian ad litem.
Section 40-4-9 - Standards for the determination of child custody; hearing.
Section 40-4-9.1 - Joint custody; standards for determination; parenting plan.
Section 40-4-10 - Appointment of guardian ad litem.
Section 40-4-11 - Determination of award of child support; notice to withhold income.
Section 40-4-11.1 - Child support; guidelines.
Section 40-4-11.2 - Grounds for deviation from child support guidelines.
Section 40-4-11.4 - Modification of child support orders; exchange of financial information.
Section 40-4-11.6 - Attachment of guideline worksheet to order.
Section 40-4-12 - Allowance from spouse's separate property as alimony.
Section 40-4-13 - Spousal support to constitute lien on real estate.
Section 40-4-14 - Allowance in property; appointment and removal of guardian.
Section 40-4-15 - Child support to constitute lien on real and personal property.
Section 40-4-16 - [Satisfaction of liens.]
Section 40-4-17 - [Motion to remove lien; bond for alimony or support payments.]
Section 40-4-18 - [Limitation of liens under Laws 1901, ch. 62, 28, 29.]