N.M. Admin. Code § 8.50.130.13 - CONTESTING TAX REFUND INTERCEPT IN RESPONDING INTERSTATE CASES
Administrative hearing requests are referred to the central registry in the responding state if the obligor requests a hearing in that state.
A. When the obligor, after
receiving the FMS offset notice from the other state, contacts the Title IV-D
agency worker, the worker may refer the obligor to the state that issued the
notice. However, if the obligor contacts the Title IV-D agency as the last
resort because he or she cannot get assistance from the other state, the worker
may contact the other state, or refer the obligor to central registry and
central registry staff will contact the other state.
B. If a request from the obligor for an
administrative hearing in New Mexico is received and the case was submitted
based on another state's order, a review of the arrearage computation submitted
for tax intercept and the underlying documentation, and any new evidence
provided by the appellant is completed, and an attempt is made to resolve the
complaint. If the complaint cannot be resolved by the Title IV-D agency worker
and the obligor requests an administrative hearing in the initiating state, the
other state is notified by the New Mexico Title IV-D agency of the request and
all necessary information is provided within 10 days of the obligor's request
for an administrative hearing.
C.
The initiating state is responsible for all procedures required for conducting
a hearing within that state.
Notes
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