N.M. Admin. Code § 8.50.105.12

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.50.105.12 - SUPPORT ASSIGNMENT AND COOPERATION REQUIREMENTS

A. Cooperation with the IV-D agency is required of all recipients of IV-D services regardless of public assistance benefit status. The IV-D agency pursues sanction and disqualification of recipients of services, as appropriate, and may close any IV-D case for a failure to cooperate. Cooperation includes, but is not limited to:

(1) providing all information regarding the identity and location of the absent parent (including the names of other persons who may have information regarding the identity or location of the absent parent);

(2) appearing for scheduled appointments;

(3) reviewing and signing forms and court documents;

(4) providing documentation relevant to the claim for an award of support;

(5) appearing at court or administrative hearings, as required;

(6) immediately notifying the IV-D agency if the dependent(s) is no longer in the care or custody of the custodial party;

(7) reporting all direct payments made to the custodial party prior to and during the provision of services by the IV-D agency;

(8) immediately notifying the IV-D agency if the dependent(s) is involved in adoption proceedings;

(9) keeping the IV-D agency informed of changes in contact information; and

(10) providing all requested information to the IV-D agency in a timely manner.

B. If there is an assignment of support rights pursuant to Section 27-2-28 NMSA 1978, the IV-D agency will request a sanction or disqualification of a member of a public assistance benefit group for noncompliance with IV-D agency cooperation requirements. The IV-D agency will notify the appropriate agency of compliance if the custodial party resolves the issue of noncompliance with the IV-D agency.

(1) IV-A public assistance benefits - referrals for sanctions or disqualifications are sent to and handled by the IV-A agency.

(2) Title XIX medicaid - if there is an assignment of support rights and cooperation is mandated, the IV-D agency will request disqualification of the member that is not cooperating with the IV-D agency. The disqualification status continues until the member cooperates with the IV-D agency.

N.M. Admin. Code § 8.50.105.12

8.50.105.12 NMAC - Rp, 8.50.105.12 NMAC, 12/30/10, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024