Receipt and disbursement of payments.

Checkout our iOS App for a better way to browser and research.

A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

B. If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

C. The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to Subsection B of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

History: Laws 1994, ch. 107, § 319; 2005, ch. 166, § 28; 2011, ch. 159, § 30.

ANNOTATIONS

Compiler's notes. — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70, see compiler's note to 40-6A-100 NMSA 1978.

The 2011 amendment, effective May 18, 2016, included tribunals of foreign countries within the scope of Subsection A.

The 2005 amendment, effective June 17, 2005, added Subsection (b) to provide that if the obligor, obligee or child resides in New Mexico, then upon request of a support enforcement agency, the New Mexico support agency or tribunal shall direct that support payments be made to the support enforcement agency and send to the obligor's employer a conforming income-withholding order or notice of change of payee and added Subsection (c) to provide that a New Mexico support enforcement agency that receives redirected payment from another state shall furnish to a requesting party or tribunal of the other state a statement of the amounts and dates of payments received.


Download our app to see the most-to-date content.