A. When an obligor accrues a delinquency, the obligee or public office may prepare and serve upon the obligor a copy of a verified notice of delinquency. The income of a person with a support obligation imposed by a support order issued or modified in the state before January 1, 1994, if not otherwise subject to immediate withholding under Section 40-4A-4.1 NMSA 1978, shall become subject to immediate withholding as provided in Section 40-4A-4.1 NMSA 1978 if arrearages occur, without the need for a judicial or administrative hearing.
B. If the date upon which payment is due under an order for support is not stated in the order for support, the due date shall be deemed to be the last day of the month.
C. The notice of delinquency shall:
(1) recite those terms of the order for support which enumerate the support obligation;
(2) contain a current computation of the period and total amount of the delinquency;
(3) inform the obligor of the amount to be withheld;
(4) inform the obligor of the procedures available to contest the income withholding on the grounds that the withholding or the amount withheld is improper due to a mistake of fact;
(5) state that, unless the obligor complies with the procedures to contest the income withholding, a notice to withhold income shall be served upon the payor;
(6) state that the notice to withhold income shall be applicable to any current or subsequent payor; and
(7) state the name and address of the public office to which withheld income shall be sent.
D. The original notice of delinquency shall be filed with the clerk of the district court.
E. Service of the notice of delinquency upon the obligor shall be effected by sending the notice by prepaid certified mail addressed to the obligor at his last known address or by any method provided by law for service of a summons. Proof of service shall be filed with the clerk of the district court.
History: Laws 1985, ch. 105, § 4; 1997, ch. 237, § 7.
Cross references. — For provisions relating to establishing a state case registry of obligors and related information and additional support enforcement procedures, see 27-1-8 to 27-1-14 NMSA 1978.
For the State Directory of New Hires Act, see 50-13-1 NMSA 1978 et seq.
The 1997 amendment, effective April 11, 1997, rewrote Subsection A, in Paragraph C(4), added "on the grounds that the withholding or the amount withheld is improper due to a mistake of fact" at the end, substituted "contest the" for "avoid" in that paragraph and in Paragraph C(5), and made minor stylistic changes.
Structure 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.