Penalties.

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If any person willfully fails to withhold or pay over income pursuant to the Support Enforcement Act, willfully discharges, disciplines, refuses to hire or otherwise penalizes an obligor as prohibited by Subsection D of Section 40-4A-8 NMSA 1978, or otherwise fails to comply with any duty imposed by that act, the court, upon due notice and hearing:

A. shall impose a fine against the payor for the total amount that the payor willfully failed to withhold or pay over;

B. shall order reinstatement of or award damages to the obligor, or both, where the obligor has been discharged, disciplined or otherwise penalized by the payor; or

C. may take such other action, including action for contempt of court, as may be appropriate.

History: Laws 1985, ch. 105, § 11; 1997, ch. 237, § 13.

ANNOTATIONS

The 1997 amendment, effective April 11, 1997, substituted "Subsection D of Section 40-4A-8 NMSA 1978" for "Subsection E of Section 8 of that act" in the introductory language, and in Subsection A, substituted "impose a fine" for "enter judgment".


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