0001| SENATE BILL 1162
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| FERNANDO R. MACIAS
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CHILD SUPPORT; AMENDING AND ENACTING SECTIONS OF
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0012| THE NMSA 1978; DECLARING AN EMERGENCY.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. [NEW MATERIAL] STATE CASE REGISTRY.--
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0016| A. The human services department, acting as the
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0017| state's child support enforcement agency pursuant to Title IV-D
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0018| of the Social Security Act, shall establish a state case
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0019| registry that contains records with respect to:
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0020| (1) each case in which services are being
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0021| provided by the state Title IV-D agency; and
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0022| (2) each support order established or modified
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0023| in the state on or after October 1, 1998.
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0024| B. The records maintained by the state case
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0025| registry shall use standardized data elements for parents such
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0001| as names, social security numbers and other uniform
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0002| identification numbers like dates of birth and case
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0003| identification numbers, and contain such other information such
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0004| as on case status as the secretary of the United States
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0005| department of health and human services may require.
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0006| C. The Title IV-D agency and the administrative
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0007| office of the courts shall work cooperatively to ensure that
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0008| the requirements of this act are implemented in an effective,
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0009| efficient and timely manner.
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0010| D. The state case registry shall extract
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0011| information from its automated system to share and compare
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0012| information with and to receive information from, other
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0013| databases and information comparison services in order to
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0014| obtain or provide information necessary to enable the Title IV-
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0015| D agency or the United States health and human services
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0016| department secretary or other state or federal agencies to
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0017| carry out the Title IV-D program, subject to Section 6103 of
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0018| the Internal Revenue Code of 1986. Such information comparison
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0019| activities shall include the following:
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0020| (1) furnishing to the federal case registry of
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0021| child support orders established (and update as necessary with
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0022| information including notice of expiration of orders) the
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0023| minimum amount of information on child support cases recorded
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0024| in the state case registry that is necessary to operate the
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0025| registry, as specified by the United States health and human
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0001| services department secretary in regulations;
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0002| (2) exchanging information with the federal
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0003| parent locator service for the purposes specified in the State
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0004| Directory of New Hires Act;
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0005| (3) exchanging information with state agencies
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0006| of the state and of other states administering programs of
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0007| temporary assistance for needy families and medicaid, and other
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0008| programs designated by the United States health and human
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0009| services secretary, as necessary to perform state agency
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0010| responsibilities under this part and under such programs; and
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0011| (4) exchanging information with other agencies
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0012| of the state, agencies of other states and interstate
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0013| information networks, as necessary and appropriate to carry out
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0014| or assist other states to carry out purposes of the Title IV-D
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0015| program.
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0016| Section 2. [NEW MATERIAL] SHORT TITLE.--Sections 2
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0017| through 5 of this act may be cited as the "State Directory of
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0018| New Hires Act".
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0019| Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the
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0020| State Directory of New Hires Act:
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0021| A. "employee" means a person who is an employee
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0022| within the meaning of Chapter 24 of the Internal Revenue Code
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0023| of 1986. It does not include an employee of a federal or state
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0024| agency performing intelligence or counterintelligence
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0025| functions, if the head of such agency has determined that
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0001| reporting pursuant to Section 4 of this act with respect to the
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0002| employee could endanger the safety of the employee or
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0003| compromise an ongoing investigation or intelligence mission;
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0004| B. "employer" means the same as the term in Section
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0005| 3401(d) of the Internal Revenue Code of 1986 and includes any
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0006| governmental entity and any labor organization; and
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0007| C. "labor organization" means the same as the term
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0008| in Section 2(5) of the National Labor Relations Act and
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0009| includes any entity which is used by the organization and an
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0010| employer to carry out requirements described in Section 8(f)(3)
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0011| of such act of an agreement between the organization and the
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0012| employer.
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0013| Section 4. [NEW MATERIAL] STATE DIRECTORY OF NEW
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0014| HIRES.--
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0015| A. The human services department, acting as the
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0016| state's child support enforcement agency pursuant to Title IV-D
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0017| of the Social Security Act, shall, not later than October 1,
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0018| 1997, establish an automated directory to be known as the state
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0019| directory of new hires, which shall contain information
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0020| supplied by employers on each newly hired or rehired employee.
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0021| B. The state directory of new hires shall use the
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0022| information received to locate individuals for purposes of
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0023| establishing paternity and establishing, modifying and
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0024| enforcing child support obligations and may disclose such
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0025| information to any agent of the state Title IV-D agency that is
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0001| under contract with the agency to carry out such purposes.
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0002| C. All employers and labor organizations doing
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0003| business in the state shall furnish to the state directory of
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0004| new hires a report that contains the name, address and the
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0005| social security number of each newly hired or rehired employee
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0006| and the name and address of and identifying number assigned
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0007| under Section 6109 of the Internal Revenue Code of 1986 to the
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0008| employer.
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0009| D. An employer in the state who also employs
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0010| persons in another state and who transmits reports magnetically
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0011| or electronically must designate one state in which the
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0012| employer has employees to which the employer will transmit the
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0013| report. Any employer who transmits reports pursuant to this
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0014| paragraph shall notify the state directory of new hires in
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0015| writing as to which state such employer designates for the
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0016| purpose of sending reports.
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0017| E. Any department, agency or instrumentality of the
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0018| United States government shall comply with the provisions of
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0019| this section by transmitting the report described in paragraph
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0020| C of this section to the National Directory of New Hires.
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0021| F. Each employer and labor organization as defined
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0022| above shall report to the state directory of new hires not
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0023| later than twenty days after the date the employer hires the
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0024| employee; or in the case of an employer transmitting reports
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0025| magnetically or electronically, by two monthly transmissions if
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0001| necessary not less than twelve days nor more than sixteen days
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0002| apart.
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0003| G. Each report shall be made on a W-4 form or, at
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0004| the option of the employer, an equivalent form and may be
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0005| transmitted by first class mail, magnetically or
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0006| electronically.
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0007| H. The labor department shall furnish to the state
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0008| directory of new hires wage and claim information as defined in
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0009| Section 303(h)(3) of the Social Security Act.
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0010| I. The department shall reimburse the labor
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0011| department for all costs incurred in furnishing the
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0012| information. The state directory of new hires shall make
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0013| available to state public assistance agencies responsible for
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0014| administering a program specified in Section 1137(b) of the
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0015| Social Security Act information reported by employers for
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0016| purposes of verifying eligibility for the program or
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0017| investigating fraud.
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0018| J. The state directory of new hires shall make
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0019| available to the state agencies operating employment security
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0020| and workers' compensation programs access to information
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0021| reported by employers for the purposes of administering such
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0022| programs or investigating fraud.
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0023| Section 5. [NEW MATERIAL] PENALTIES.--The state Title
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0024| IV-D agency shall impose a civil money penalty of twenty
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0025| dollars ($20.00) on employers for each instance of failure to
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0001| comply with the provisions of this section, unless the failure
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0002| is the result of a conspiracy between the employer and the
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0003| employee to not supply the required report or to supply a false
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0004| or incomplete report, in which case the penalty shall be five
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0005| hundred dollars ($500) on the employer for each instance.
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0006| Section 6. Section 40-4A-2 NMSA 1978 (being Laws 1985,
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0007| Chapter 105, Section 2, as amended) is amended to read:
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0008| "40-4A-2. DEFINITIONS.--As used in the Support
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0009| Enforcement Act:
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0010| A. "authorized quasi-judicial officer" means a
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0011| person appointed by the court pursuant to rule 53(a) of the
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0012| Rules of Civil Procedure for the District Courts;
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0013| B. "consumer reporting agency" means any person
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0014| who, for monetary fees, dues or on a cooperative nonprofit
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0015| basis, regularly engages in whole or in part in the practice of
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0016| assembling or evaluating consumer credit information or other
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0017| information on consumers for the purpose of furnishing consumer
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0018| reports to third parties and who uses any means or facility of
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0019| interstate commerce for the purpose of preparing or furnishing
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0020| consumer reports;
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0021| C. "delinquency" means any payment under an order
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0022| for support which has become due and is unpaid;
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0023| D. "department" means the human services
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0024| department;
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0025| E. "income" means any form of periodic payment to
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0001| an obligor, regardless of source, including but not limited to
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0002| wages, salary, commission, compensation as an independent
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0003| contractor, workers' compensation benefits, disability
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0004| benefits, annuity and retirement benefits or other benefits,
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0005| bonuses, interest or any other payments made by any person,
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0006| but does not include:
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0007| (1) any amounts required by law to be
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0008| withheld, other than creditor claims, including but not limited
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0009| to federal, state and local taxes, social security and other
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0010| retirement and disability contributions;
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0011| (2) union dues;
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0012| (3) any amounts exempted by federal law; or
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0013| (4) public assistance payments;
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0014| F. "notice of delinquency" means the notice of
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0015| delinquency as provided for in Section 40-4A-4 NMSA 1978;
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0016| G. "notice to withhold income" means a notice that
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0017| requires the payor to withhold from the obligor money necessary
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0018| to meet the obligor's duty under an order for support and, in
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0019| the event of a delinquency, requires the payor to withhold an
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0020| additional amount to be applied towards the reduction of the
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0021| delinquency;
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0022| H. "obligor" means the person who owes a duty to
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0023| make payments under an order for support;
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0024| I. "obligee" means any person who is entitled to
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0025| receive support under an order for support or that person's
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0001| legal representative;
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0002| J. "order for support" means any order which has
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0003| been issued by any judicial, quasi-judicial or administrative
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0004| entity of competent jurisdiction of any state and which order
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0005| provides for:
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0006| (1) periodic payment of funds for the support
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0007| of a child or a spouse;
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0008| (2) modification or resumption of payment of
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0009| support;
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0010| (3) payment of delinquency; or
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0011| (4) reimbursement of support;
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0012| K. "payor" means any person or entity who provides
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0013| income to an obligor;
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0014| L. "person" means an individual, corporation,
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0015| partnership, governmental agency, public office or other
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0016| entity; and
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0017| M. "public office" means the [elected official or
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state or local agency which is responsible by law for
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enforcement or collection of payment under an order for
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support, including but not limited to district attorneys, the
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department and the clerk of the district court] state
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0022| disbursement unit of the department as defined in Section 454B
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0023| of the Social Security Act."
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0024| Section 7. Section 40-4A-4 NMSA 1978 (being Laws 1985,
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0025| Chapter 105, Section 4) is amended to read:
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0001| "40-4A-4. NOTICE OF DELINQUENCY.--
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0002| A. [When an obligor accrues a delinquency in an
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amount equal to at least one month's support obligation, the
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obligee or public office may prepare and serve upon the obligor
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a copy of a verified notice of delinquency together with a form
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petition to stay service of the notice to withhold income as
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provided for in Section 7 of the Support Enforcement Act] The
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0008| income of a person with a support obligation imposed by a
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0009| support order issued or modified in the state before October 1,
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0010| 1996, if not otherwise subject to withholding under Section
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0011| 40-4A-4.1 NMSA 1978, shall become subject to withholding as
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0012| provided in Section 40-4A-4.1 NMSA 1978 if arrearages occur,
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0013| without the need for a judicial or administrative hearing.
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0014| B. If the date upon which payment is due under an
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0015| order for support is not stated in the order for support, the
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0016| due date shall be deemed to be the last day of the month.
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0017| C. The notice of delinquency shall:
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0018| (1) recite those terms of the order for
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0019| support which enumerate the support obligation;
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0020| (2) contain a current computation of the
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0021| period and total amount of the delinquency;
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0022| (3) inform the obligor of the amount to be
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0023| withheld;
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0024| (4) inform the obligor of the procedures
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0025| available to avoid income withholding;
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0001| (5) state that, unless the obligor complies
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0002| with the procedures to avoid income withholding, a notice to
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0003| withhold income shall be served upon the payor;
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0004| (6) state that the notice to withhold income
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0005| shall be applicable to any current or subsequent payor; and
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0006| (7) state the name and address of the public
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0007| office to which withheld income shall be sent.
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0008| D. The original notice of delinquency shall be
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0009| filed with the clerk of the district court.
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0010| E. Service of the notice of delinquency upon the
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0011| obligor shall be effected by sending [said] the notice by
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0012| prepaid certified mail addressed to the obligor at his [or
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her] last known address or by any method provided by law for
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0014| service of a summons. Proof of service shall be filed with the
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0015| clerk of the district court."
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0016| Section 8. Section 40-4A-4.1 NMSA 1978 (being Laws 1990,
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0017| Chapter 30, Section 1, as amended) is amended to read:
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0018| "40-4A-4.1. IMMEDIATE CHILD SUPPORT INCOME WITHHOLDING.--
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0019| A. In any judicial proceeding in which child
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0020| support is ordered, modified or enforced and which proceeding
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0021| is brought or enforced pursuant to Title IV-D of the Social
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0022| Security Act [(42 U.S.C. 651 et seq.)] as provided in Section
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0023| 27-2-27 NMSA 1978, the income of the support obligor shall be
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0024| subject to immediate income withholding regardless of the
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0025| existence of any child support arrearage or delinquency.
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0001| Effective January 1, 1994, in proceedings in which child
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0002| support services are not being provided pursuant to Title IV-D
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0003| and the initial child support order is issued in the state on
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0004| or after January 1, 1994, the income of the support obligor
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0005| shall be subject to immediate income withholding regardless of
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0006| the existence of any child support arrearage or delinquency.
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0007| B. As part of the court or administrative order
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0008| establishing, modifying or enforcing the child support
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0009| obligation, the court shall issue the order to withhold.
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0010| C. The order to withhold shall state:
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0011| (1) the style, docket number and court having
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0012| jurisdiction of the cause;
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0013| (2) the name, address and, if available, the
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0014| social security number of the obligor;
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0015| (3) the amount and duration of the child
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0016| support payments [and]. If any of the ordered amount is
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0017| toward satisfaction of an arrearage or delinquency up to the
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0018| date of the order, the amount payable to current and past-due
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0019| support shall be specified, together with the total amount of
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0020| the delinquency or arrearage, including judgment interest, if
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0021| any;
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0022| (4) the name and date of birth of the child
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0023| for whom support is ordered and the name of the obligee;
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0024| (5) the name and address of the person or
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0025| agency to whom the payment is to be made, together with the
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0001| agency's internal case number; and
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0002| (6) any other information deemed necessary to
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0003| effectuate the order.
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0004| D. All Title IV-D and non-Title IV-D payments
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0005| shall be made through the [appropriate public office as
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defined in the Support Enforcement Act, with the exception of
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payments provided pursuant to Title IV-D of the Social Security
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Act, which shall be made directly to the department] public
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0009| office.
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0010| E. The maximum amount withheld pursuant to this
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0011| section and any other garnishment shall not exceed fifty
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0012| percent of the obligor's income.
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0013| F. The order of a withholding shall be mailed by
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0014| the Title IV-D agency or the support obligee, obligee's
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0015| attorney or court by certified mail to the payor. The payor
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0016| shall pay over income as provided by and in compliance with the
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0017| procedures of Section 40-4A-8 NMSA 1978.
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0018| G. The court may provide an exception to the
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0019| immediate income withholding required by this section if it
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0020| finds good cause for not ordering immediate withholding. The
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0021| burden shall be on the party claiming good cause to raise the
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0022| issue and demonstrate the existence of good cause to the court.
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0023| In the event of a finding of good cause, the court shall make a
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0024| written finding in the order specifying the reasons or
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0025| circumstances justifying the good-cause exception and why
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0001| income withholding would not be in the best interest of the
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0002| child. If the order is one modifying a support obligation and
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0003| immediate income withholding is not ordered, the order [must]
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0004| shall include a finding that the obligor has timely paid
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0005| support in the past. The order shall provide that the obligor
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0006| shall be subject to withholding if a one-month support
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0007| delinquency accrues.
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0008| H. The court shall make an exception to the
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0009| immediate income withholding required by this section if the
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0010| parties to the proceeding enter into a written agreement
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0011| providing for alternative means of satisfying the child support
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0012| obligation. Such an agreement shall be incorporated into the
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0013| order of the court. For the purposes of this subsection, the
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0014| support obligee shall be considered to be the department in the
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0015| case of child support obligations that the state is enforcing
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0016| pursuant to an assignment of support rights to it as a
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0017| condition of the assignor's receipt of public assistance. The
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0018| agreement shall contain the signatures of a representative of
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0019| the department and the custodial parent.
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0020| I. Notwithstanding the provisions of Subsection G
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0021| of this section, immediate income withholding shall take place
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0022| if the child support obligor so requests. The notice to
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0023| withhold shall be filed with the clerk of the district court
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0024| and the requirements of Subsection C of this section,
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0025| Subsections D, E and F of Section 40-4A-5 and Sections 40-4A-
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0001| 6, 40-4A-8, 40-4A-10 and 40-4A-11 NMSA 1978 shall apply.
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0002| J. A court shall order a wage withholding effective
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0003| on the date on which a custodial parent requests such
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0004| withholding to begin if the court determines, in accordance
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0005| with such procedures and standards as it may establish, that
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0006| the request should be approved, notwithstanding:
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0007| (1) the absence of a support delinquency of at
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0008| least one month;
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0009| (2) a finding of good cause under Subsection G
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0010| of this section; or
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0011| (3) an agreement under Subsection H of this
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0012| section.
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0013| K. The standards and procedures established for
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0014| purposes of Subsection J of this section shall provide for the
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0015| protection of the due process rights of the absent parent,
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0016| appropriate notices and the right to a hearing under the
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0017| Support Enforcement Act.
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0018| L. Wages not subject to withholding under
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0019| Subsection J of this section shall still be subject to
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0020| withholding on an earlier date as provided by law.
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0021| M. Notwithstanding any other provision of this
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0022| section, wages not subject to withholding because of a finding
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0023| of good cause under Subsection G of this section shall not be
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0024| subject to withholding at the request of a custodial parent
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0025| unless the court changes its determination of good cause not to
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0001| initiate immediate wage withholding.
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0002| N. In the event a child support obligor accrues a
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0003| delinquency in an amount equal to at least one month's support
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0004| obligation and notwithstanding any previous agreement or court
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0005| finding to the contrary, income withholding shall issue against
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0006| the support obligor and the procedures set out in Section
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0007| 40-4A-4 NMSA 1978 shall be followed. Such withholding shall
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0008| terminate only upon the termination of all obligations imposed
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0009| by the order of support and payment in full of all enforceable
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0010| child support delinquencies."
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0011| Section 9. Section 40-4A-8 NMSA 1978 (being Laws 1985,
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0012| Chapter 105, Section 8, as amended) is amended to read:
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0013| "40-4A-8. DUTIES OF PAYOR.--
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0014| A. Any payor who has been served with a notice to
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0015| withhold income shall deduct and pay over income as provided in
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0016| this section. The payor shall deduct the amount designated in
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0017| the notice to withhold income no later than the next payment of
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0018| income that is payable to the obligor after expiration of
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0019| fourteen days following service of the notice to withhold
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0020| income and shall pay the amount withheld [to the designated
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public office on the date payment otherwise would have been
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made to the obligor] to the public office within seven
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0023| business days. For each withholding of income, the payor
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0024| shall be entitled to and may deduct a one dollar ($1.00) fee to
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0025| be taken from the income to be paid to the obligor.
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0001| B. Whenever the obligor is no longer receiving
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0002| income from the payor, the payor shall notify the
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0003| [designated] public office, and the payor shall inform the
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0004| obligee and public office of the last known address of the
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0005| obligor and any subsequent payor, if known.
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0006| C. Withholding of income under the Support
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0007| Enforcement Act shall have priority over any other legal
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0008| process under the laws of this state against the same income.
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0009| Where there is more than one order for withholding against a
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0010| single obligor pursuant to the Support Enforcement Act, the
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0011| orders shall receive priority in payment according to the date
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0012| of service on the payor, subject to any contrary directive
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0013| established pursuant to Subsection D of Section 40-4A-9 NMSA
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0014| 1978.
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0015| D. No payor shall discharge, discipline, refuse to
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0016| hire or otherwise penalize any obligor because of the duty to
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0017| withhold income.
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0018| E. The payor shall terminate or modify withholding
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0019| within fourteen days of receipt of a conformed copy of a notice
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0020| to terminate or modify a withholding.
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0021| F. Any order or notice for income withholding made
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0022| pursuant to Section 40-4A-4.1 or 40-4A-5 NMSA 1978 shall be
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0023| binding against future payors by operation of law upon actual
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0024| knowledge of the contents of the order or notice or upon
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0025| receipt by personal delivery or certified mail of a filed copy
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0001| of the order or notice to the payor."
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0002| Section 10. Section 40-4A-11 NMSA 1978 (being Laws 1985,
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0003| Chapter 105, Section 11) is amended to read:
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0004| "40-4A-11. PENALTIES.--If any person willfully fails to
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0005| withhold or pay over income pursuant to the Support Enforcement
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0006| Act, willfully discharges, disciplines, refuses to hire or
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0007| otherwise penalizes an obligor as prohibited by Subsection
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0008| [E] D of Section [8 of that act] 40-4A-8 NMSA 1978, or
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0009| otherwise fails to comply with any duty imposed by that act,
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0010| the court, upon due notice and hearing:
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0011| A. shall [enter judgment] impose a fine against
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0012| the payor for the total amount that the payor willfully failed
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0013| to withhold or pay over;
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0014| B. shall order reinstatement of or award damages to
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0015| the obligor, or both, where the obligor has been discharged,
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0016| disciplined or otherwise penalized by the payor; or
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0017| C. may take such other action, including action for
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0018| contempt of court, as may be appropriate."
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0019| Section 11. [NEW MATERIAL] LOCATOR INFORMATION FROM
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0020| INTERSTATE NETWORKS.--The state Title IV-D agency is authorized
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0021| to have access to any system used by the state to locate an
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0022| individual for purposes relating to motor vehicle or law
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0023| enforcement.
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0024| Section 12. [NEW MATERIAL] COLLECTION AND USE OF
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0025| SOCIAL SECURITY NUMBERS FOR USE IN CHILD SUPPORT ENFORCEMENT.--
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0001| A. The state must have and use procedures requiring
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0002| that the social security number of:
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0003| (1) any applicant for a professional license,
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0004| commercial driver's license, occupational license or marriage
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0005| license be recorded on the application;
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0006| (2) any person who is subject to a divorce
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0007| decree, support order or paternity determination or
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0008| acknowledgment be placed in the records relating to the matter;
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0009| and
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0010| (3) any person who has died be placed in the
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0011| records relating to the death and be recorded on the death
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0012| certificate.
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0013| B. The collection and use of social security
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0014| numbers shall be made available to the state Title IV-D agency
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0015| for use in child support enforcement.
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0016| Section 13. [NEW MATERIAL] EXPEDITED PROCEDURE.--The
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0017| state Title IV-D agency shall have the authority to take the
|
0018| following actions relating to establishment of paternity or to
|
0019| establishment, modification or enforcement of support orders,
|
0020| without the necessity of obtaining an order from any other
|
0021| judicial or administrative tribunal, and to recognize and
|
0022| enforce the authority of state Title IV-D agencies of other
|
0023| states to take the following actions:
|
0024| A. to order genetic testing for the purpose of
|
0025| paternity establishments;
|
0001| B. to subpoena any financial or other information
|
0002| needed to establish, modify or enforce a support order and to
|
0003| impose penalties for failure to respond to such a subpoena;
|
0004| C. to require all entities in the state, including
|
0005| for-profit, non-profit and governmental employers to provide
|
0006| promptly, in response to a request by the state Title IV-D
|
0007| agency of that or any other state administering a program under
|
0008| this part, information on the employment compensation, and
|
0009| benefits of any person employed by such entity as an employee
|
0010| or contractor and to sanction failure to respond to any such
|
0011| request;
|
0012| D. to obtain access, subject to safeguards on
|
0013| privacy and information security, and subject to the
|
0014| nonliability of entities that afford such access, to
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0015| information contained in the following records, including
|
0016| automated access in the case of records maintained in automated
|
0017| databases:
|
0018| (1) records of other states and local
|
0019| government agencies, including:
|
0020| (a) vital statistics, including records
|
0021| of marriage, birth and divorce;
|
0022| (b) state and local tax and revenue
|
0023| records, including information on residence address, employer,
|
0024| income and assets;
|
0025| (c) records concerning real and titled
|
0001| personal property;
|
0002| (d) records of occupational and
|
0003| professional licenses and records concerning the ownership and
|
0004| control of corporations, partnerships and other business
|
0005| entities;
|
0006| (e) employment security records;
|
0007| (f) records of agencies administering
|
0008| public assistance programs;
|
0009| (g) records of the motor vehicle
|
0010| division; and
|
0011| (h) corrections records; and
|
0012| (2) certain records held by private entities
|
0013| with respect to persons who owe or are owed support, or against
|
0014| or with respect to whom a support obligation is sought,
|
0015| consisting of:
|
0016| (a) the names and addresses of such
|
0017| persons and the names and addresses of the employers of such
|
0018| persons, as appearing in customer records of public utilities
|
0019| and cable television companies, pursuant to an administrative
|
0020| subpoena; and
|
0021| (b) information including information on
|
0022| assets and liabilities on such individuals held by financial
|
0023| institutions;
|
0024| E. in cases in which support is subject to an
|
0025| assignment in order to comply with a requirement imposed
|
0001| pursuant to temporary assistance for needy families or
|
0002| medicaid, or to a requirement to pay through the state
|
0003| disbursement unit established pursuant to Section 454B of the
|
0004| Social Security Act, upon providing notice to obligor and
|
0005| obligee to direct the obligor or other payor to change the
|
0006| payee to the appropriate government entity;
|
0007| F. to order income withholding;
|
0008| G. in cases in which there is a support arrearage,
|
0009| to secure assets to satisfy the arrearage by:
|
0010| (1) intercepting or seizing periodic or lump-
|
0011| sum payments from:
|
0012| (a) a state or local agency, including
|
0013| unemployment compensation, workers' compensation and other
|
0014| benefits; and
|
0015| (b) judgments, settlements and
|
0016| lotteries;
|
0017| (2) attaching and seizing assets of the
|
0018| obligor held in financial institutions;
|
0019| (3) attaching public and private retirement
|
0020| funds; and
|
0021| (4) imposing liens and, in appropriate cases,
|
0022| to force sale of property and distribution of proceeds;
|
0023| H. for the purpose of securing overdue support, to
|
0024| increase the amounts for arrearages, subject to such conditions
|
0025| or limitations as the state Title IV-D agency may provide.
|
0001| Such procedures shall be subject to due process safeguards,
|
0002| including as appropriate requirements for notice, opportunity
|
0003| to contest the action and opportunity for an appeal on the
|
0004| record to an independent administrative or judicial tribunal;
|
0005| I. the expedited procedures required shall include
|
0006| the following rules and authority, applicable with respect to
|
0007| all proceedings to establish paternity or to establish, modify
|
0008| or enforce support orders:
|
0009| (1) each party to any paternity or child
|
0010| support proceeding is required, subject to privacy safeguards,
|
0011| to file with the tribunal and the state case registry upon
|
0012| entry of an order, and to update, as appropriate, information
|
0013| on location and identity of the party, including social
|
0014| security number, residential and mailing addresses, telephone
|
0015| number and driver's license number, and name, address and
|
0016| telephone number of employer; and
|
0017| (2) in any subsequent child support
|
0018| enforcement action between the parties, upon sufficient showing
|
0019| that diligent effort has been made to ascertain the location of
|
0020| such a party, the tribunal may deem state due process
|
0021| requirements for notice and service of process to be met with
|
0022| respect to the party, upon delivery of written notice to the
|
0023| most recent residential or employer address filed with the
|
0024| tribunal; and
|
0025| J. procedures under which:
|
0001| (1) the state agency and administrative or
|
0002| judicial tribunal with authority to hear child support and
|
0003| paternity cases exerts statewide jurisdiction over the parties;
|
0004| and
|
0005| (2) in a state in which orders are issued by
|
0006| courts or administrative tribunals, a case may be transferred
|
0007| between local jurisdictions in the state without need for any
|
0008| additional filing by the petitioner, or service of process upon
|
0009| the respondent, to retain jurisdiction over the parties.
|
0010| Section 14. Section 40-11-5 NMSA 1978 (being Laws 1986,
|
0011| Chapter 47, Section 5, as amended) is amended to read:
|
0012| "40-11-5. PRESUMPTION OF PATERNITY.--
|
0013| A. A man is presumed to be the natural father of a
|
0014| child if:
|
0015| (1) he and the child's natural mother are or
|
0016| have been married to each other and the child is born during
|
0017| the marriage or within three hundred days after the marriage is
|
0018| terminated by death, annulment, declaration of invalidity or
|
0019| dissolution of marriage or after a decree of separation is
|
0020| entered by a court;
|
0021| (2) before the child's birth, he and the
|
0022| child's natural mother have attempted to marry each other by a
|
0023| marriage solemnized in apparent compliance with law, although
|
0024| the attempted marriage is or could be declared invalid, and:
|
0025| (a) if the attempted marriage could be
|
0001| declared invalid only by a court, the child is born during the
|
0002| attempted marriage or within three hundred days after its
|
0003| termination by death, annulment, declaration of invalidity or
|
0004| divorce; or
|
0005| (b) if the attempted marriage is invalid
|
0006| without a court order, the child is born within three hundred
|
0007| days after the termination of cohabitation;
|
0008| (3) after the child's birth, he and the
|
0009| child's natural mother have married or attempted to marry each
|
0010| other by a marriage solemnized in apparent compliance with law,
|
0011| although the attempted marriage is or could be declared
|
0012| invalid, and:
|
0013| (a) he has acknowledged his paternity of
|
0014| the child in writing filed with the vital statistics bureau of
|
0015| the public health division of the department of health;
|
0016| (b) with his consent, he is named as the
|
0017| child's father on the child's birth certificate; or
|
0018| (c) he is obligated to support the child
|
0019| under a written voluntary promise or by court order;
|
0020| (4) while the child is under the age of
|
0021| majority, he openly holds out the child as his natural child
|
0022| and has established a personal, financial or custodial
|
0023| relationship with the child; or
|
0024| (5) he acknowledges his paternity of the child
|
0025| pursuant to Section 24-14-13 NMSA 1978 or in writing filed with
|
0001| the vital statistics bureau of the public health division of
|
0002| the department of health, which shall promptly inform the
|
0003| mother of the filing of the acknowledgment, and, within a
|
0004| reasonable time after being informed of the filing, she does
|
0005| not dispute the acknowledgment. In order to enforce the rights
|
0006| of custody or visitation, a man presumed to be the father as a
|
0007| result of filing a written acknowledgment shall seek an
|
0008| appropriate judicial order in an action filed for that purpose.
|
0009| A signed voluntary acknowledgment of paternity is considered a
|
0010| legal finding of paternity, subject to the right of any
|
0011| signatory to rescind the acknowledgment within the earlier of:
|
0012| (a) sixty days; or
|
0013| (b) the date of an administrative or
|
0014| judicial proceeding relating to the child, including a
|
0015| proceeding to establish a support order, to which the signatory
|
0016| is a party. After sixty days the acknowledgment may be
|
0017| challenged in court only on the grounds of fraud, duress or
|
0018| material mistake or fact, although legal responsibilities
|
0019| arising from signing the acknowledgment may not be suspended
|
0020| during the challenge, except upon a showing of good cause.
|
0021| Judicial or administrative proceedings are not required to
|
0022| ratify an unchallenged acknowledgment.
|
0023| B. If two or more men are presumed under this
|
0024| section to be the child's father, an acknowledgment by one of
|
0025| them may be effective only with the written consent of the
|
0001| other or pursuant to Subsection C of this section.
|
0002| C. A presumption under this section may be rebutted
|
0003| in an appropriate action only by clear and convincing evidence.
|
0004| If two or more men are presumed under this section to be the
|
0005| father of the same child, paternity shall be established as
|
0006| provided in the Uniform Parentage Act. If the presumption has
|
0007| been rebutted with respect to one man, paternity of the child
|
0008| by another man may be determined in the same action if he has
|
0009| been made a party.
|
0010| D. A man is presumed to be the natural father of a
|
0011| child if, pursuant to blood or genetic tests properly performed
|
0012| by a qualified [individual] person and evaluated by an
|
0013| expert, including deoxyribonucleic acid (DNA) probe technique
|
0014| tests under the Uniform Parentage Act, the probability of his
|
0015| being the father is ninety-nine percent or higher.
|
0016| E. The voluntary acknowledgment of paternity must
|
0017| be recognized as a basis for seeking a support order without
|
0018| requiring any further proceedings to establish paternity.
|
0019| F. Full faith and credit must be given to
|
0020| determination of paternity made by other states, including
|
0021| acknowledgments of paternity."
|
0022| Section 15. Section 40-11-12 NMSA 1978 (being Laws 1986,
|
0023| Chapter 47, Section 12, as amended) is amended to read:
|
0024| "40-11-12. [BLOOD] GENETIC TESTS.--
|
0025| A. The court may, and upon request of a party
|
0001| shall, require the child, mother or alleged father to submit to
|
0002| blood or genetic tests, including deoxyribonucleic acid (DNA)
|
0003| probe technique tests.
|
0004| B. The court, upon reasonable request by a party,
|
0005| shall order that independent tests be performed by other
|
0006| experts qualified as examiners of blood types or qualified as
|
0007| experts in the administration of genetic tests, including
|
0008| deoxyribonucleic acid (DNA) probe technique tests.
|
0009| C. In all cases, the court shall determine the
|
0010| number and qualifications of the experts. This accreditation
|
0011| of the testing facility must be admissible without the need for
|
0012| foundation testimony or other proof of authenticity or accuracy
|
0013| unless an objection has been made in writing not later than
|
0014| twenty days before a hearing on the testing results.
|
0015| D. If a putative father refuses to comply with an
|
0016| order for testing pursuant to this section, the court [may]
|
0017| shall enter a judgment of parentage against him.
|
0018| E. If the mother refuses to comply with an order
|
0019| for testing pursuant to this section, the court may dismiss the
|
0020| case without prejudice."
|
0021| Section 16. Section 40-11-14 NMSA 1978 (being Laws 1986,
|
0022| Chapter 47, Section 14) is amended to read:
|
0023| "40-11-14. CIVIL ACTION.--
|
0024| A. An action under the Uniform Parentage Act is a
|
0025| civil action governed by the rules of civil procedure. Jury
|
0001| trial is not available in actions to establish parentage. The
|
0002| mother of the child and the alleged father are competent to
|
0003| testify and may be compelled to testify.
|
0004| B. Testimony relating to sexual access to the
|
0005| mother by an unidentified man at any time or by an identified
|
0006| man at a time other than the probable time of conception is
|
0007| inadmissible in evidence, unless offered by the mother.
|
0008| C. In an action against an alleged father, evidence
|
0009| offered by him with respect to a man who is not subject to the
|
0010| jurisdiction of the court concerning his sexual intercourse
|
0011| with the mother at or about the probable time of conception of
|
0012| the child is admissible in evidence only if the alleged father
|
0013| has undergone and made available to the court blood tests, the
|
0014| results of which do not exclude the possibility of his
|
0015| paternity of the child.
|
0016| D. A default order must be entered upon a showing
|
0017| of service of process on the defendant or any other showing
|
0018| required by state law."
|
0019| Section 17. Section 40-11-15 NMSA 1978 (being Laws 1986,
|
0020| Chapter 47, Section 15, as amended) is amended to read:
|
0021| "40-11-15. JUDGMENT OR ORDER.--
|
0022| A. The judgment or order of the court determining
|
0023| the existence or nonexistence of the parent and child
|
0024| relationship is determinative for all purposes.
|
0025| B. If the judgment or order of the court is at
|
0001| variance with the child's birth certificate, the court shall
|
0002| order that a new birth certificate be issued.
|
0003| C. The judgment or order may contain any other
|
0004| provision directed against or on behalf of the appropriate
|
0005| party to the proceeding concerning the duty of past and future
|
0006| support, the custody and guardianship of the child, visitation
|
0007| with the child, the furnishing of bond or other security for
|
0008| the payment of the judgment or any other matter within the
|
0009| jurisdiction of the court. The judgment or order may direct
|
0010| the father to pay the reasonable expenses of the mother's
|
0011| pregnancy, birth and confinement. The court shall order child
|
0012| support retroactive to the date of the child's birth pursuant
|
0013| to the provisions of Sections 40-4-11 through 40-4-11.3 NMSA
|
0014| 1978.
|
0015| D. Support judgments or orders ordinarily shall be
|
0016| for periodic payments which may vary in amount. In the best
|
0017| interest of the child, a lump-sum payment or the purchase of an
|
0018| annuity may be ordered in lieu of periodic payments of support;
|
0019| provided, however, a lump-sum payment shall not thereafter
|
0020| deprive a state agency of its right to reimbursement from an
|
0021| appropriate party should the child become a recipient of public
|
0022| assistance.
|
0023| E. In determining the amount to be paid by a parent
|
0024| for support of the child [or children], a court, child
|
0025| support hearing officer or master shall make such determination
|
0001| in accordance with the provisions of the child support
|
0002| guidelines of Section 40-4-11.1 NMSA 1978.
|
0003| F. Bills for pregnancy, childbirth and genetic
|
0004| testing are admissible as evidence without requiring third-
|
0005| party foundation testimony and constitute prima facie evidence
|
0006| of amounts incurred.
|
0007| G. Temporary support may be ordered, pending
|
0008| adjudication of paternity, if there is clear and convincing
|
0009| evidence of paternity on the basis of genetic testing or other
|
0010| evidence."
|
0011| Section 18. Section 40-4-11.5 NMSA 1978 (being Laws 1990,
|
0012| Chapter 58, Section 2) is amended to read:
|
0013| "40-4-11.5. MODIFICATION OF CHILD SUPPORT ORDERS IN CASES
|
0014| ENFORCED BY THE STATE TITLE IV-D AGENCY.--
|
0015| A. For child support cases being enforced by the
|
0016| human services department acting as the state's Title IV-D
|
0017| child support enforcement agency as provided in Section 27-2-27
|
0018| NMSA 1978, the department shall implement a process for the
|
0019| periodic review of child support orders that shall include:
|
0020| (1) a review of [all orders at least every
|
thirty-six months] support orders every three years upon the
|
0022| request of either the obligor or obligee or, if there is an
|
0023| assignment of support rights pursuant to the public assistance
|
0024| act, upon the request of the department or of either the
|
0025| obligor or obligee;
|
0001| (2) notification by the department of its
|
0002| review to the obligor and obligee; and
|
0003| (3) authorization to require financial
|
0004| information from the obligor and the obligee to determine
|
0005| whether the support obligation should be presented to the court
|
0006| for modification.
|
0007| B. In carrying out its duties under this section,
|
0008| the secretary of human services, or the secretary's authorized
|
0009| representative, has the power to issue subpoenas:
|
0010| (1) to compel the attendance of the obligor or
|
0011| the obligee at a hearing on the child support order;
|
0012| (2) to compel production by the obligor or the
|
0013| obligee of financial or wage information, including federal or
|
0014| state tax returns;
|
0015| (3) to compel the obligor or the obligee to
|
0016| disclose the location of employment of the payor party; and
|
0017| (4) to compel the employer of the obligor or
|
0018| the obligee to disclose information relating to the employee's
|
0019| wages.
|
0020| C. A subpoena issued by the human services
|
0021| department under this section shall state with reasonable
|
0022| certainty the nature of the information required, the time and
|
0023| place where the information shall be produced, whether the
|
0024| subpoena requires the attendance of the person subpoenaed or
|
0025| only the production of information and records and the
|
0001| consequences of failure to obey the subpoena.
|
0002| D. A subpoena issued by the human services
|
0003| department under this section shall be served upon the person
|
0004| to be subpoenaed or, at the option of the secretary or the
|
0005| secretary's authorized representative, by certified mail
|
0006| addressed to the person at his last known address. The service
|
0007| of the subpoena shall be at least ten days prior to the
|
0008| required production of the information or the required
|
0009| appearance. If the subpoena is served by certified mail, proof
|
0010| of service is the affidavit of mailing. After service of a
|
0011| subpoena upon a person, if the person neglects or refuses to
|
0012| comply with the subpoena, the department may apply to the
|
0013| district court of the county where the subpoena was served or
|
0014| the county where the subpoena was responded to for an order
|
0015| compelling compliance. Failure of the person to comply with
|
0016| the district court's order shall be punishable as contempt.
|
0017| E. If a review by the human services department
|
0018| results in a finding that a child support order should be
|
0019| modified in accordance with the guidelines, it should be
|
0020| presented to the court for modification and the obligor and the
|
0021| obligee shall be notified of their respective rights and shall
|
0022| have thirty days to respond to the department's finding. The
|
0023| right to seek modification shall rest with the department in
|
0024| the case of obligations being enforced as a result of a public
|
0025| assistance recipient's assignment of support rights to the
|
0001| state as provided in the Social Security Act, 42
|
0002| U.S.C. 602(a)(26).
|
0003| F. At the request of the obligor or the obligee or
|
0004| upon the filing of a motion to modify child support, the human
|
0005| services department shall furnish any information it has
|
0006| obtained in its review process regarding wages or other
|
0007| information pertaining to the obligor or the obligee.
|
0008| G. Nothing in this section shall be construed to
|
0009| restrict the right of either party to petition the court to
|
0010| modify a child support obligation. The human services
|
0011| department shall not be required to conduct a review of any
|
0012| party's obligation more than once every three years."
|
0013| Section 19. [NEW MATERIAL] WORK REQUIREMENT FOR
|
0014| PERSONS OWING PAST-DUE CHILD SUPPORT.--The state Title IV-D
|
0015| agency must have and use procedures under which the state has
|
0016| the authority, in any case in which an individual owes past-due
|
0017| support with respect to a child receiving assistance under a
|
0018| state program funded under temporary assistance for needy
|
0019| families, to issue an order or to request that a court or an
|
0020| administrative process established pursuant to state law issue
|
0021| an order that requires the individual to:
|
0022| A. pay such support in accordance with a plan
|
0023| approved by the court, or at the option of the state, a plan
|
0024| approved by the state IV-D agency; or
|
0025| B. if the individual is subject to such a plan and
|
0001| is not incapacitated, participate in such work activities as
|
0002| the court, or at the option of the state, the state IV-D
|
0003| agency, deems appropriate.
|
0004| Section 20. Section 40-4A-15 NMSA 1978 (being Laws 1985,
|
0005| Chapter 105, Section 17) is amended to read:
|
0006| "40-4A-15. CONSUMER REPORTING AGENCIES.--At the request
|
0007| of a consumer reporting agency, as defined in Section 603(f) of
|
0008| the Fair Credit Reporting Act, 15 USC 1681(a)(f), and upon
|
0009| thirty days' advance notice to the obligor, the department, in
|
0010| accordance with its regulations, may release information
|
0011| regarding the delinquency of an obligor [if the delinquency of
|
the obligor exceeds one thousand dollars ($1,000)]. The
|
0013| department may charge a reasonable fee to the consumer
|
0014| reporting agency."
|
0015| Section 21. [NEW MATERIAL] LIENS.--The state Title IV-
|
0016| D agency must have and use procedures under which:
|
0017| A. liens arise by operation of law against real and
|
0018| personal property for amounts of overdue support owed by a
|
0019| noncustodial parent who resides or owns property in the state;
|
0020| and
|
0021| B. the state courts and tribunals accord full faith
|
0022| and credit to liens arising in another state, when the state
|
0023| IV-D agency, party, or other entity seeking to enforce such a
|
0024| lien complies with the procedural rules relating to recording
|
0025| or serving liens that arise within the state, except that such
|
0001| rules may not require judicial notice or hearing prior to the
|
0002| enforcement of such a lien.
|
0003| Section 22. Section 40-5A-2 NMSA 1978 (being Laws 1995,
|
0004| Chapter 25, Section 2) is amended to read:
|
0005| "40-5A-2. PURPOSE.--The purpose of the Parental
|
0006| Responsibility Act is:
|
0007| A. to require parents to eliminate child support
|
0008| arrearages in order to maintain a professional, [or an]
|
0009| occupational or recreational license, including but not
|
0010| limited to a hunting, fishing or trapping license, and a
|
0011| driver's license; and
|
0012| B. to require compliance with after receiving
|
0013| appropriate notice, subpoenas or warrants relating to paternity
|
0014| or child support, which will subsequently reduce both the
|
0015| number of children in New Mexico who live at or below the
|
0016| poverty level and the financial obligation that falls to the
|
0017| state when parents do not provide for their minor children."
|
0018| Section 23. Section 40-5A-3 NMSA 1978 (being Laws 1995,
|
0019| Chapter 25, Section 3) is amended to read:
|
0020| "40-5A-3. DEFINITIONS.--As used in the Parental
|
0021| Responsibility Act:
|
0022| A. "applicant" means an obligor who is applying for
|
0023| issuance of a license;
|
0024| B. "board" means:
|
0025| (1) the construction industries commission,
|
0001| the construction industries division and the electrical bureau,
|
0002| mechanical bureau and general construction bureau of the
|
0003| construction industries division of the regulation and
|
0004| licensing department;
|
0005| (2) the manufactured housing committee and
|
0006| manufactured housing division of the regulation and licensing
|
0007| department;
|
0008| (3) a board, commission or agency that
|
0009| administers a [professional] profession or occupation
|
0010| licensed pursuant to Chapter 61 NMSA 1978;
|
0011| (4) any other state agency to which the
|
0012| Uniform Licensing Act is applied by law; [or]
|
0013| (5) a licensing board or other authority that
|
0014| issues a license, certificate, registration or permit to engage
|
0015| in a profession or occupation regulated in New Mexico;
|
0016| (6) the department of game and fish; or
|
0017| (7) motor vehicle division of the taxation and
|
0018| revenue department;
|
0019| C. "certified list" means a verified list that
|
0020| includes the names, social security numbers and last known
|
0021| addresses of obligors not in compliance with a judgment and
|
0022| order for support;
|
0023| D. "compliance" means that:
|
0024| (1) an obligor is no more than thirty days
|
0025| in arrears in payment of amounts required to be paid pursuant
|
0001| to an outstanding judgment and order for support; and
|
0002| (2) an obligor has, after receiving
|
0003| appropriate notice, complied with subpoenas or warrants
|
0004| relating to paternity or child support proceedings;
|
0005| E. "department" means the human services
|
0006| department;
|
0007| F. "judgment and order for support" means the
|
0008| judgment entered against an obligor by the district court or a
|
0009| tribal court in a case brought by the department pursuant to
|
0010| Title IV-D of the Social Security Act;
|
0011| G. "license" means a license, certificate,
|
0012| registration or permit issued by a board that a person is
|
0013| required to have to engage in a profession or occupation in New
|
0014| Mexico and includes a commercial driver's license, driver's
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0015| license and recreational licenses, including but not limited to
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0016| hunting, fishing or trapping licenses;
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0017| H. "licensee" means an obligor to whom a license
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0018| has been issued; and
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0019| I. "obligor" means the person who has been ordered
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0020| to pay child or spousal support pursuant to a judgment and
|
0021| order for support."
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0022| Section 24. Section 40-5A-4 NMSA 1978 (being Laws 1995,
|
0023| Chapter 25, Section 4) is amended to read:
|
0024| "40-5A-4. APPLICATION FOR LICENSE.--A person who submits
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0025| an application for a license issued by a board is not eligible
|
0001| for issuance of the license if he is not in compliance with a
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0002| judgment and order for support or subpoenas or warrants
|
0003| relating to paternity or child support proceedings. A board
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0004| that denies or proposes to deny the application on the grounds
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0005| that he is not in compliance with a judgment and order for
|
0006| support or subpoenas or warrants relating to paternity or
|
0007| child support proceedings shall advise the applicant in
|
0008| writing of the grounds for denial of his application and his
|
0009| right, if any, to a hearing. The applicant shall have a right
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0010| to a hearing if, pursuant to applicable law governing
|
0011| hearings, the denial of [his] the application on other
|
0012| grounds would have entitled [his] the applicant to a
|
0013| hearing. The application shall be reinstated if, within thirty
|
0014| days of the date of the notice, the applicant provides the
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0015| board with a certified statement from the department that he is
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0016| in compliance with a judgment and order for support or
|
0017| subpoenas or warrants relating to paternity or child support
|
0018| proceedings."
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0019| Section 25. Section 40-5A-5 NMSA 1978 (being Laws 1995,
|
0020| Chapter 25, Section 5) is amended to read:
|
0021| "40-5A-5. RENEWAL OF LICENSE.--A licensee who seeks
|
0022| renewal of his license from a board is not eligible to have the
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0023| license renewed if he is not in compliance with a judgment and
|
0024| order for support or subpoenas or warrants relating to
|
0025| paternity or child support proceedings. A board that denies
|
0001| or proposes to deny the renewal of a license on the grounds
|
0002| that the licensee is not in compliance with a judgment and
|
0003| order for support or subpoenas or warrants relating to
|
0004| paternity or child support proceedings shall advise the
|
0005| licensee in writing of the grounds for the denial or proposed
|
0006| denial and his right to a hearing. The licensee shall have a
|
0007| right to a hearing on the denial of the renewal of his license
|
0008| pursuant to the applicable law governing hearings [for his
|
profession or occupation]. The application for renewal shall
|
0010| be reinstated if, within thirty days of the date of the notice,
|
0011| the licensee provides the board with a certified statement from
|
0012| the department that he is in compliance with a judgment and
|
0013| order for support or subpoenas or warrants relating to
|
0014| paternity or child support proceedings."
|
0015| Section 26. Section 40-5A-6 NMSA 1978 (being Laws 1995,
|
0016| Chapter 25, Section 6) is amended to read:
|
0017| "40-5A-6. SUSPENSION OR REVOCATION OF LICENSE.--The
|
0018| failure of a licensee to be in compliance with a judgment and
|
0019| order for support or subpoena or warrants relating to
|
0020| paternity or child support proceedings is grounds for
|
0021| suspension or revocation of a license. The proceeding shall be
|
0022| conducted by [the] a board pursuant to the law governing
|
0023| suspension and revocation proceedings for [his profession or
|
occupation] the license."
|
0025| Section 27. Section 40-5A-7 NMSA 1978 (being Laws 1995,
|
0001| Chapter 25, Section 7) is amended to read:
|
0002| "40-5A-7. CERTIFIED LISTS.--The department shall provide
|
0003| each board with a certified list of obligors not in compliance
|
0004| with a judgment and order for support or subpoenas or warrants
|
0005| relating to paternity or child support proceedings within ten
|
0006| calendar days after the first day of each month. By the end of
|
0007| the month in which the certified list is received, [the]
|
0008| each board shall report to the department the names of
|
0009| applicants and licensees [of the board] who are on the list
|
0010| and the action the board has taken in connection with such
|
0011| applicants and licensees."
|
0012| Section 28. Section 40-5A-10 NMSA 1978 (being Laws 1995,
|
0013| Chapter 25, Section 10) is amended to read:
|
0014| "40-5A-10. ACTION BY SUPREME COURT.--The supreme court
|
0015| shall adopt by order rules for the denial of applications or
|
0016| licensing and renewal of licenses and for the suspension or
|
0017| revocation of licenses of lawyers and other persons licensed by
|
0018| the supreme court for the failure of an applicant or licensee
|
0019| to be in compliance with a judgment and order for support or
|
0020| subpoenas or warrants relating to paternity or child support
|
0021| proceedings and may delegate the enforcement of the rules to a
|
0022| board under its supervision."
|
0023| Section 29. Section 40-5A-13 NMSA 1978 (being Laws 1995,
|
0024| Chapter 25, Section 13) is amended to read:
|
0025| "40-5A-13. ANNUAL REPORT.--The department shall report to
|
0001| the governor and the legislature by December 1 of each year on
|
0002| the progress of child support enforcement measures, including:
|
0003| A. the number of delinquent obligors certified by
|
0004| the department;
|
0005| B. the number of obligors who also were licensees
|
0006| or applicants subject to the provisions of the Parental
|
0007| Responsibility Act;
|
0008| C. the number of licenses that were suspended or
|
0009| revoked by each board, the number of new licenses and renewals
|
0010| that were delayed or denied by each board and the number of
|
0011| licenses and renewals that were granted following an
|
0012| applicant's compliance with a judgment and order for support
|
0013| or subpoenas or warrants relating to paternity or child
|
0014| support proceedings; and
|
0015| D. the costs incurred in the implementation and
|
0016| enforcement of the Parental Responsibility Act."
|
0017| Section 30. [NEW MATERIAL] FINANCIAL INSTITUTION DATA
|
0018| MATCHES.--
|
0019| A. "Financial institution" means:
|
0020| (1) a depository institution, as defined in
|
0021| section 3(c) of the Federal Deposit Insurance Act
|
0022| (12 U.S.C.1813(c));
|
0023| (2) an institution-affiliated party, as
|
0024| defined in section 3(u) of such act (12 U.S.C. 1813(u));
|
0025| (3) any federal credit union or state credit
|
0001| union, as defined in section 101 of the Federal Credit Union
|
0002| Act (12 USC 1752), including an institution-affiliated party of
|
0003| such a credit union, as defined section 206(r) of such act
|
0004| (12 U.S.C.1786(r)); and
|
0005| (4) any benefit association, insurance
|
0006| company, safe deposit company, money-market mutual fund or
|
0007| similar entity authorized to do business in the state.
|
0008| B. "Account" means a demand deposit account,
|
0009| checking or negotiable withdrawal order account, savings
|
0010| account, time deposit account or money-market mutual fund
|
0011| account.
|
0012| C. "Past-due support" means the amount of support
|
0013| determined under a court order or an order of an administrative
|
0014| process established under state law for support and maintenance
|
0015| of a child or of a child and the parent with whom the child is
|
0016| living, which has not been paid.
|
0017| D. The human services department, acting as the
|
0018| state's child support enforcement agency pursuant to Title IV-D
|
0019| of the Social Security Act, shall enter into agreements with
|
0020| financial institutions doing business in the state to develop
|
0021| and operate, in coordination with such financial institutions,
|
0022| a data match system, using automated data exchanges to the
|
0023| maximum extent feasible, in which each such financial
|
0024| institution is required to provide the information.
|
0025| E. The human services department shall establish
|
0001| standard procedures and formats for the financial institutions.
|
0002| Such procedures shall include administrative due process for
|
0003| child support obligors before funds or assets may be seized by
|
0004| the department.
|
0005| F. Each financial institution in New Mexico shall
|
0006| provide to the human services department for each calendar
|
0007| quarter the name, record address, social security number or
|
0008| other taxpayer identification number and other identifying
|
0009| information for each noncustodial parent who maintains an
|
0010| account at such institution and who owes past-due support, as
|
0011| identified by the human services department, by name and social
|
0012| security number or other taxpayer identification number.
|
0013| G. Upon receipt of a notice of lien or levy from
|
0014| the human services department, financial institutions shall
|
0015| encumber or surrender assets held by the institution on behalf
|
0016| of any noncustodial parent who is subject to a child support
|
0017| lien.
|
0018| H. The human services department may establish and
|
0019| pay a reasonable fee to a financial institution for conducting
|
0020| the data match provided for in this act, not to exceed the
|
0021| actual costs incurred by such financial institutions.
|
0022| I. A financial institution shall not be liable
|
0023| under any state law to any person for disclosing of information
|
0024| to the human services department under this section; or for
|
0025| freezing or surrendering any assets held by such financial
|
0001| institution in response to a notice of lien or seizure issued
|
0002| by the human services department, or for any other action taken
|
0003| in good faith to comply with the requirements of this section.
|
0004| J. A state child support enforcement agency which
|
0005| obtains a financial record of a person from a financial
|
0006| institution may disclose such financial record only for the
|
0007| purpose of, and to the extent necessary in, establishing,
|
0008| modifying or enforcing a child support obligation of such
|
0009| person.
|
0010| Section 31. [NEW MATERIAL] ENFORCEMENT OF ORDERS FOR
|
0011| HEALTH CARE.--All IV-D child support orders enforced shall
|
0012| include a provision for the health care coverage of the child,
|
0013| and in the case in which a noncustodial parent provides such
|
0014| coverage and changes employment and the new employer provides
|
0015| health care coverage, the state Title IV-D agency shall
|
0016| transfer notice of the provision to the employer, which notice
|
0017| shall operate to enroll the child in the noncustodial parent's
|
0018| health plan, unless the noncustodial parent successfully
|
0019| contests the notice.
|
0020| Section 32. EMERGENCY.--It is necessary for the public
|
0021| peace, health and safety that this act take effect immediately.
|
0022|
|
0023|
|
0024| FORTY-THIRD LEGISLATURE
|
0025| FIRST SESSION, 1997
|
0001|
|
0002|
|
0003| March 10, 1997
|
0004|
|
0005| Mr. President:
|
0006|
|
0007| Your JUDICIARY COMMITTEE, to whom has been referred
|
0008|
|
0009| SENATE BILL 1162
|
0010|
|
0011| has had it under consideration and reports same with
|
0012| recommendation that it DO PASS.
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018|
|
0019| __________________________________
|
0020| Fernando R. Macias, Chairman
|
0021|
|
0022|
|
0023|
|
0024| Adopted_______________________ Not
|
0025| Adopted_______________________
|
0001| (Chief Clerk) (Chief Clerk)
|
0002|
|
0003|
|
0004|
|
0005| Date ________________________
|
0006|
|
0007|
|
0008| The roll call vote was 5 For 1 Against
|
0009| Yes: 5
|
0010| No: Vernon
|
0011| Excused: Sanchez, Tsosie
|
0012| Absent: None
|
0013|
|
0014|
|
0015| S01162JU1
|
0016| State of New Mexico
|
0017| House of Representatives
|
0018|
|
0019| FORTY-THIRD LEGISLATURE
|
0020| FIRST SESSION, 1997
|
0021|
|
0022|
|
0023| March 19, 1997
|
0024|
|
0025|
|
0001| Mr. Speaker:
|
0002|
|
0003| Your JUDICIARY COMMITTEE, to whom has been referred
|
0004|
|
0005| SENATE BILL 1162
|
0006|
|
0007| has had it under consideration and reports same with
|
0008| recommendation that it DO NOT PASS, but that
|
0009|
|
0010| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE
|
0011| BILL 1162
|
0012|
|
0013| DO PASS.
|
0014|
|
0015| Respectfully submitted,
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| Thomas P. Foy, Chairman
|
0021|
|
0022|
|
0023| Adopted Not Adopted
|
0024|
|
0025| (Chief Clerk) (Chief Clerk)
|
0001|
|
0002| Date
|
0003|
|
0004| The roll call vote was 11 For 0 Against
|
0005| Yes: 11
|
0006| Excused: Rios, Sanchez
|
0007| Absent: None
|
0008|
|
0009| G:\BILLTEXT\BILLW_97\S1162
|