New Mexico § 51-1-37.1 - Child support obligations

§ 51-1-37.1. Child support obligations

A. The division shall notify the human services department [health care authority

department] of the name of any individual who files a new claim for unemployment compensation

and who is determined to be eligible for benefits. B. The division shall deduct and withhold from any unemployment compensation otherwise

payable to an individual who owes child support obligations: (1) the amount specified by the individual to be deducted and withheld, if an amount

is not specified under Paragraph (2) or (3) of this subsection; (2) the amount specified in an agreement between the individual and the child support

enforcement bureau of the human services department [health care authority department],

pursuant to Section 454(20)(B)(i) of the Social Security Act, 1 a copy of which has been provided to the division by the child support enforcement

bureau; or (3) any amount otherwise required to be so deducted and withheld from such unemployment

compensation pursuant to a writ of garnishment or other legal process for enforcement

of judgments issued by any court or administrative agency of competent jurisdiction

in any state, territory or possession of the United States or any foreign country

with which the United States has an agreement to honor such process directed to the

human services department [health care authority department] for the purpose of enforcing

an individual's obligation to provide child support. C. Any amount withheld from the unemployment compensation benefits due a claimant

shall be considered as payment of unemployment compensation benefits to the claimant

and paid by the individual in satisfaction of his child support obligations. D. The amount of child support obligations withheld by the division pursuant to this

section shall be paid to the human services department [health care authority department]. E. As used in this section, “ unemployment compensation benefits ” means benefits payable under the Unemployment Compensation Law and amounts payable

by or through the division pursuant to an agreement under any federal law providing

for compensation, assistance or allowance with respect to unemployment. F. As used in this section, “ child support obligations ” includes only obligations that are being enforced pursuant to a plan described in

Section 454 of the Social Security Act that has been approved by the United States

secretary of health and human services under Part D of Title 4 of the Social Security

Act. 2 G. The human services department [health care authority department] shall reimburse

the division for the administrative costs incurred by it that are attributable to

the child support obligations being enforced by the human services department [health

care authority department]. If the human services department [health care authority department] and the division

fail to agree on the amount of such administrative costs, the state budget division

of the department of finance and administration shall prescribe the amount of administrative

costs to be reimbursed. 1

42 U.S.C.A. § 654(20(B)(i). 2

42 U.S.C.A. § 651 et seq.