RELATING TO DOMESTIC AFFAIRS; PROVIDING FOR ACCRUAL OF INTEREST ON DELINQUENT CHILD AND SPOUSAL SUPPORT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. ACCRUAL OF INTEREST--DELINQUENT CHILD AND SPOUSAL SUPPORT.--

A. Interest shall accrue on delinquent child support and spousal support at the rate set forth in Section 56-8-4 NMSA 1978 in effect when the support payment becomes due and shall accrue from the date the support is delinquent until the date the support is paid or consolidated in a judgment.

B. Interest shall accrue on a consolidated judgment for delinquent support at the rate provided in Section 56-8-4 NMSA 1978 in effect when the consolidated judgment is entered until the judgment is satisfied.

C. Unless the order, judgment, decree or wage withholding order specifies a due date other than the first day of the month, support shall be due on the first day of each month and, if not paid by that date, shall be delinquent.

D. In calculation of support arrears, payments of support shall be first applied to the current support obligation, next to any delinquent support, next to any consolidated judgment of delinquent support, next to any accrued interest on delinquent support and next to any interest accrued on a consolidated judgment of delinquent support.

HB 343

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