A. The income of an obligor shall be subject to withholding in an amount:
(1) equal to the monthly support obligation set forth in the order for support; and
(2) in the event of a delinquency, the additional amount of twenty percent of the monthly support obligation set forth in the order for support, or such amount as the court may order after notice and hearing, until payment in full of any delinquency set forth in the notice of delinquency.
B. The maximum amount of an obligor's income which may be subject to withholding pursuant to the Support Enforcement Act and pursuant to any garnishment shall not exceed fifty percent.
History: Laws 1985, ch. 105, ยง 6.
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.