New Mexico § 27-2-28 - Liability for repayment of public assistance

§ 27-2-28. Liability for repayment of public assistance

A. In cases where the department has provided cash assistance to children in a household,

the court shall award judgment in favor of the department and against the noncustodial

parents of the children for child support, calculated pursuant to Section 40-4-11.1 NMSA 1978 , for all months in which the children received cash assistance benefits. B. Equitable defenses available to the noncustodial parent in claims by the custodian

for retroactive support or past due support shall not operate to deprive the department

of its right to request retroactive support or past due support for months during

which the noncustodial parent's children received cash assistance benefits. C. Amounts of support collected that are in excess of the amounts specified in Subsections

A and B of this section shall be paid by the department to the custodian of the child. D. No agreement between any custodian of a child and a parent of that child, either

relieving the parent of any duty of child or spousal support or responsibility or

purporting to settle past, present or future support obligations, either as a settlement

or prepayment, shall act to reduce or terminate any rights of the department to recover

from that parent for support provided, unless the department has consented to the

agreement in writing. E. The noncustodial parent shall be given credit for any support actually provided,

including housing, clothing, food or funds paid prior to the entry of any order for

support. The noncustodial parent has the burden to prove that the noncustodial parent has

provided any support. F. An application for public assistance by any person constitutes an assignment by

operation of law of any support rights the person is entitled to during the time the

person's household receives public assistance, whether the support rights are owed

to the applicant or to any family member for whom the applicant is applying for or

receiving assistance. The assignment includes all support rights that accrue as long as the applicant

receives public assistance. G. By operation of law, an assignment to the department of any and all rights of an

applicant for or recipient of medical assistance under the medicaid program in New

Mexico or supplemental security income through the social security administration: (1) is deemed to be made of: (a) any payment for medical care from any person, firm or corporation, including an

insurance carrier; and (b) any recovery for personal injury, whether by judgment or contract for compromise

or settlement; (2) shall be effective to the extent of the amount of medical assistance actually

paid by the department under the medicaid program; and (3) shall be effective as to the rights of any other individuals who are eligible

for medical assistance and whose rights can legally be assigned by the applicant or

recipient. An applicant or recipient is required to cooperate fully with the department in its

efforts to secure the assignment and to execute and deliver any instruments and papers

deemed necessary to complete the assignment by the department.