A. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

B. The employer shall treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.

C. Except as otherwise provided in Subsection D of this section and Section 40-6A-503 NMSA 1978, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order that specify:

1. (1) the duration and amount of periodic payments of current child support, stated as a sum certain;
2. (2) the person designated to receive payments and the address to which the payments are to be forwarded;
3. (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
4. (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the obligee's attorney, stated as sums certain; and

5. (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

   D. An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

6. (1) the employer's fee for processing an income-withholding order;
7. (2) the maximum amount permitted to be withheld from the obligor's income; and
8. (3) the times within which the employer shall implement the withholding order and forward the child-support payment.

History: Laws 1997, ch. 9, § 12; 2005, ch. 166, § 31; 2011, ch. 159, § 33.

ANNOTATIONS

Repeals and reenactments. — Laws 1997, ch. 9, § 12, repealed 40-6A-502 NMSA 1978, as enacted by Laws 1994, ch. 107, § 502, and enacted the above section, effective July 1, 1997.

Compiler’s notes. — Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70, see compiler’s note to 40-6A-100 NMSA 1978.

The 2011 amendment, effective May 18, 2016, made stylistic changes.

The 2005 amendment, effective June 17, 2005, corrected the spelling of "withholding" in Subsections (a) and (b) and deleted "or agency" in Subsection (c)(2).