NMSA 40-6A-502. Employer's compliance with income-withholding order
AI-assisted research summary: An employer receiving an income-withholding order must promptly give the obligor a copy, honor out-of-state orders that appear regular on their face, and withhold and distribute funds as directed, subject to specified exceptions and state-law rules for certain withholding details.
40-6A-502. Employer's compliance with income-withholding order of another state. 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) the duration and amount of periodic payments of current child support, stated as a sum certain; (2) the person designated to receive payments and the address to which the payments are to be forwarded; (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) 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) 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: (1) the employer's fee for processing an income-withholding order; (2) the maximum amount permitted to be withheld from the obligor's income; and (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.