New Mexico § 35-12-7 - Garnishment; exemptions

§ 35-12-7. Garnishment; exemptions

A. Exempt from garnishment with respect to the enforcement of an order or decree for

child support is fifty percent of the defendant's disposable earnings for any pay

period. Exempt from garnishment in all other situations is the greater of the following

portions of the defendant's disposable earnings: (1) seventy-five percent of the defendant's disposable earnings for any pay period;

or (2) an amount each week equal to forty times the highest applicable minimum hourly

wage rate at the place the wages were earned. The director of the financial institutions division of the regulation and licensing

department shall provide a table giving equivalent exemptions for pay periods of other

than one week. B. As used in this section: (1) “ disposable earnings ” means that part of a defendant's wage or salary remaining after deducting the amounts

that are required by law to be withheld; and (2) “ highest applicable minimum hourly wage rate ” means the highest federal, state or local minimum hourly wage rate for an eight-hour

day and a forty-hour week applicable at the time the wages are payable. However, it is immaterial whether the garnishee is exempt under federal, state or

local law from paying the highest applicable minimum hourly wage rate. C. The maximum amount that may be taken from a spouse's disposable earnings under

both the garnishment procedure and the wage deduction procedure for the enforcement

of child support is fifty percent of the spouse's disposable earnings. D. Amounts exempt under this section shall retain their exempt status when deposited

into a personal bank account, provided that they are reasonably traceable.