New Mexico Register / Volume XXX, Issue 10 / May 28, 2019

This is an amendment to 8.50.110 NMAC, Sections 8, effective 7/1/2019.

8.50.110.8 INCOME WITHHOLDING: State and federal laws require the IV-D agency to seek to obtain an immediate income withholding in all Title IV-D cases.

A. The IV-D agency complies with [the Support Enforcement Act, Section 40-4A-1 et seq. NMSA 1978] 45 CFR § 303.100 when it requests or initiates wage withholding.

B. Although the Support Enforcement Act provides for a good cause exemption to immediate wage withholding and a procedure to avoid immediate income withholding, the IV-D agency will not stipulate or agree to such provisions. The party requesting to avoid wage withholding bears the burden or proof on this issue with the court.

(1) The IV-D agency will comply with any valid court or administrative order that prohibits wage withholding.

(2) If an obligor receives an exemption to wage withholding and later accrues a delinquency, the IV-D agency, in its discretion, may pursue wage withholding from the appropriate judicial or administrative authority.

[C. The department will take all actions necessary to institute income withholding upon the request of an obligor.]

[8.50.110.8 NMAC – Rp, 12/30/2010; A, 7/1/2019]