If any person willfully fails to withhold or pay over income pursuant to the Support Enforcement Act, willfully discharges, disciplines, refuses to hire or otherwise penalizes an obligor as prohibited by Subsection D of Section 40-4A-8 NMSA 1978, or otherwise fails to comply with any duty imposed by that act, the court, upon due notice and hearing:
A. shall impose a fine against the payor for the total amount that the payor willfully failed to withhold or pay over;
B. shall order reinstatement of or award damages to the obligor, or both, where the obligor has been discharged, disciplined or otherwise penalized by the payor; or
C. may take such other action, including action for contempt of court, as may be appropriate.
History: Laws 1985, ch. 105, § 11; 1997, ch. 237, § 13.
The 1997 amendment, effective April 11, 1997, substituted "Subsection D of Section 40-4A-8 NMSA 1978" for "Subsection E of Section 8 of that act" in the introductory language, and in Subsection A, substituted "impose a fine" for "enter judgment".
Structure 2021 New Mexico Statutes
Article 4A - Support Enforcement
Section 40-4A-1 - Short title.
Section 40-4A-2 - Definitions.
Section 40-4A-3 - Purpose of income withholding.
Section 40-4A-4 - Notice of delinquency.
Section 40-4A-4.1 - Immediate child support income withholding.
Section 40-4A-5 - Notice to withhold income.
Section 40-4A-6 - Amount of income subject to withholding.
Section 40-4A-7 - Procedure to avoid income withholding.
Section 40-4A-8 - Duties of payor.
Section 40-4A-9 - Petitions to modify, suspend or terminate notice of withholding.
Section 40-4A-10 - Additional duties.
Section 40-4A-12 - Interstate withholding by registration of foreign support order.
Section 40-4A-13 - Expedited process.
Section 40-4A-15 - Consumer reporting agencies.
Section 40-4A-16 - Remedies in addition to other laws.
Section 40-4A-17 - Publication of names of obligors; amount owed.
Section 40-4A-18 - Information regarding delinquency payments.
Section 40-4A-20 - Unpaid child support interest arrears management program.