N.M. Admin. Code § 8.50.112.8 - PARENTAL RESPONSIBILITY ACT (LICENSE SUSPENSION)
The Title IV-D agency submits a certified list of support obligors who are 30 days or more delinquent on their monthly support obligation to the appropriate boards, commissions, courts, or agencies responsible for issuing drivers, professional, occupational, and recreational licenses as detailed in the Parental Responsibility Act, Sect. 40-5A-1 et seq., NMSA 1978.
A. Automated referral process:
The Title IV-D agency provides a certified list of all obligors who meet the
referral criteria to various state licensing boards. The licensing boards
report back to the Title IV-D agency what action the board has taken in
connection with the Parental Responsibility Act. The Title IV-D automated
system will refer cases that meet the following criteria:
(1) the obligor is delinquent 30 days or more
in payment of court ordered support;
(2) a notice has been sent to the obligor's
last address of record with the Title IV-D agency notifying the obligor of the
impending license suspension/revocation;
(3) there is no court order prohibiting the
referral; and
(4) 30 calendar days
have elapsed since the notice was sent to the obligor and no request for
hearing was submitted by the obligors.
B. Administrative hearings are conducted by
the licensing boards: If requested in writing by the licensing board, the Title
IV-D agency will make available a witness to testify on the Title IV-D agency's
behalf at an administrative hearing that may be held in connection with the
Parental Responsibility Act.
C.
Settlement:
(1) In all cases, the Title IV-D
agency must make every effort to obtain lump sum payments to satisfy all
arrearages, including prior judgments, current delinquency, and accrued
interest.
(2) If an obligor has had
his or her license suspended in multiple cases, the issuance of a certificate
of compliance for one case will not release the license suspension(s) for
obligor's other case(s). The obligor will have to make satisfactory
arrangements for each case in order to be eligible for license
reinstatement.
D. Arrears
only cases: In an arrears only case, the monthly payment must be calculated
using the current child support guidelines at Section
40-4-11.1 et seq., NMSA 1978, or a
schedule that will fully pay the arrearages plus accumulated interest in 72
months or less.
E. Withdrawal of
referral: If the obligor does not meet the minimum criteria for referral it
will be withdrawn, and a certificate of compliance will be issued with a
request to waive the reinstatement of fees.
F. Responsibilities of the obligor: The
obligor must supply a valid mailing address for the processing of the
certificate of compliance. The obligor may elect to have the certificate of
compliance sent to his/her attorney of record, but must also provide the Title
IV-D agency with a current, valid mailing address and physical address for the
obligor.
Notes
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