A. The obligee or public office shall file an affidavit with the clerk of the district court showing that notice of delinquency has been duly served upon the obligor.
B. Upon filing of the affidavit required by Subsection A of this section, the notice to withhold income shall be filed with the clerk of the district court and served upon the payor by certified mail or personal delivery, and proof of service shall be filed with the clerk of the district court.
C. A conformed copy of the notice to withhold income shall be mailed to the obligor at his last known address.
D. The notice to withhold income shall be verified by the obligee or public office and shall:
(1) state the amount of income to be withheld from the obligor; provided, however, the amount to be applied to satisfy the monthly obligation under the order for support, the amount of the delinquency which is set forth in the notice of delinquency and the amount to be applied to reduce the delinquency set forth in the notice of delinquency shall be stated separately;
(2) state that payments due from multiple obligors may be combined into one remittance so long as each withholding is separately identified;
(3) state that the maximum amount of an obligor's income subject to withholding pursuant to the Support Enforcement Act and pursuant to any garnishment shall not exceed fifty percent;
(4) state the duties of the payor as set forth in Section 40-4A-8 NMSA 1978; and
(5) require that all payments be made through the public office to ensure accurate recordkeeping.
E. The termination of the obligations imposed by the order of support and payment in full of any delinquency shall revoke the notice to withhold income.
History: Laws 1985, ch. 105, § 5; 1987, ch. 26, § 1; 1997, ch. 237, § 9.
ANNOTATIONSThe 1997 amendments, effective April 11, 1997, deleted former Subsection A which provided "at least twenty days following service of the notice of delinquency, the obligee or public office shall determine if the procedure to avoid income withholding pursuant to Section 40-4A-7 NMSA 1978 has been instituted", deleted the first sentence of former Subsection B providing "if the procedure to avoid income withholding has not been instituted", designated the second sentence of that subsection as Subsection A, deleting the second sentence relating to procedure to avoid income withholding having occurred, and redesignated the following subsections accordingly; and made minor stylistic changes throughout the section.