New Mexico § 27-1-11 - Expedited procedure

§ 27-1-11. Expedited procedure

The state Title IV-D agency shall have the authority to take the following actions

relating to establishment of paternity or to establishment, modification or enforcement

of support orders, without the necessity of obtaining an order from any other judicial

or administrative tribunal, and to recognize and enforce the authority of state Title

IV-D agencies of other states to take the following actions: A. to order genetic testing for the purpose of paternity establishments; B. to subpoena any financial or other information needed to establish, modify or enforce

a support order and to impose penalties for failure to respond to such a subpoena. A subpoena issued by the state Title IV-D agency under this section shall be served

upon the person to be subpoenaed or, at the option of the secretary of human services

or the secretary's authorized representative, by certified mail addressed to the person

at his last known address. The service of the subpoena shall be at least ten days prior to the required production

of the information. If the subpoena is served by certified mail, proof of service is the affidavit of

mailing. After service of a subpoena upon a person, if the person neglects or refuses to

comply with the subpoena, the state Title IV-D agency may apply to the district court

of the county where the subpoena was served or the county where the subpoena was responded

to for an order compelling compliance. Failure of the person to comply with the district court's order shall be punishable

as contempt; C. to require all entities in the state, including for-profit, nonprofit and governmental

employers to provide promptly, in response to a request by the state Title IV-D agency

of that or any other state administering a program under this part, information on

the employment compensation, and benefits of any person employed by such entity as

an employee or contractor and to sanction failure to respond to any such request; D. to obtain access, subject to safeguards on privacy and information security, and

subject to the nonliability of entities that afford such access, to information contained

in the following records, including automated access in the case of records maintained

in automated databases: (1) records of other states and local government agencies, including: (a) vital statistics, including records of marriage, birth and divorce; (b) state and local tax and revenue records, including information on residence address,

employer, income and assets; (c) records concerning real and titled personal property; (d) records of occupational and professional licenses and records concerning the ownership

and control of corporations, partnerships and other business entities; (e) employment security records; (f) records of agencies administering public assistance programs; (g) records of the motor vehicle division of the taxation and revenue department;

and (h) corrections records; and (2) certain records held by private entities with respect to persons who owe or are

owed support, or against or with respect to whom a support obligation is sought, consisting

of: (a) the names and addresses of such persons and the names and addresses of the employers

of such persons, as appearing in customer records of public utilities and cable television

companies, pursuant to an administrative subpoena; and (b) information including information on assets and liabilities on such individuals

held by financial institutions; E. in cases in which support is subject to an assignment in order to comply with a

requirement imposed pursuant to temporary assistance for needy families or medicaid,

or to a requirement to pay through the state disbursement unit established pursuant

to Section 454B of the Social Security Act, 1 upon providing notice to obligor and obligee to direct the obligor or other payor

to change the payee to the appropriate government entity; F. to order income withholding; G. in cases in which there is a support arrearage, to secure assets to satisfy the

arrearage by: (1) intercepting or seizing periodic or lump-sum payments from: (a) a state or local agency, including unemployment compensation, workers' compensation

and other benefits; and (b) judgments, settlements and lotteries; (2) attaching and seizing assets of the obligor held in financial institutions; (3) attaching public and private retirement funds; and (4) imposing liens and, in appropriate cases, to force sale of property and distribution

of proceeds; H. for the purpose of securing overdue support, to increase the amounts for arrearages,

subject to such conditions or limitations as the state Title IV-D agency may provide; I. the expedited procedures required shall include the following rules and authority,

applicable with respect to all proceedings to establish paternity or to establish,

modify or enforce support orders: (1) each party to any paternity or child support proceeding is required, subject to

privacy safeguards, to file with the tribunal and the state case registry upon entry

of an order, and to update, as appropriate, information on location and identity of

the party, including social security number, residential and mailing addresses, telephone

number and driver's license number, and name, address and telephone number of employer;

and (2) in any subsequent child support enforcement action between the parties, upon sufficient

showing that diligent effort has been made to ascertain the location of such a party,

the tribunal may deem state due process requirements for notice and service of process

to be met with respect to the party, upon delivery of written notice to the most recent

residential or employer address filed with the tribunal; J. procedures under which: (1) the state agency and administrative or judicial tribunal with authority to hear

child support and paternity cases exerts statewide jurisdiction over the parties;

and (2) in a state in which orders are issued by courts or administrative tribunals, a

case may be transferred between local jurisdictions in the state without need for

any additional filing by the petitioner, or service of process upon the respondent,

to retain jurisdiction over the parties; and K. the authority of the Title IV-D agency with regard to Subsections A through J of

this section shall be subject to due process safeguards, including, as appropriate,

requirements for notice, opportunity to contest the action and opportunity for an

appeal on the record to an independent administrative or judicial tribunal. Such due process safeguards shall be developed and implemented by the Title IV-D

agency in accordance with the administrative office of the courts and other affected

agencies and individuals consistent with current policies and procedures for implementation

of the human services [health care authority] department's regulations. 1

42 U.S.C.A. § 654b.