Except as provided in Section 40-4A-4.1 NMSA 1978, the obligor may contest the notice to withhold income by filing a petition with the clerk of the district court within twenty days after service of the notice of delinquency. Grounds for the contest shall be limited to a dispute concerning the existence or amount of the delinquency or noncompliance with the Support Enforcement Act. The clerk of the district court shall notify the obligor and the obligee or public office, as appropriate, of the time and place of the hearing on the petition. The court shall hold the hearing pursuant to the provisions of Section 40-4A-9 NMSA 1978.
History: Laws 1985, ch. 105, § 7; 1987, ch. 26, § 2; 1990, ch. 30, § 2; 1997, ch. 237, § 10.
The 1997 amendment, effective April 11, 1997, in the first sentence, substituted "contest the" for "prevent a" near the beginning, deleted "from being served" following "income", and deleted "to stay service" following "petition" in that sentence and at the end of the second sentence; and substituted "contest" for "petition to stay service" at the beginning of the second sentence.
The 1990 amendment, effective May 16, 1990, added "Except as provided in Section 40-4A-4.1 NMSA 1978" at the beginning of the section and made a minor stylistic change in the final sentence.
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.