2006 New Mexico Statutes - Section 27-2-28 — Liability for repayment of public assistance.

27-2-28. Liability for repayment of public assistance.

A.     A noncustodial parent is liable to the human services department in the amount of the public assistance lawfully and properly furnished to the children, and the spouse or former spouse with whom such children are living, to whom the noncustodial parent owes a duty of support; except that if a support order has been entered, liability for the time period covered by the support order shall not exceed the amount of support provided for in the order.   

B.     Amounts of support due and owing for periods prior to the granting of public assistance shall be paid to and retained by the human services department to the extent that the amount of assistance granted exceeds the amount of the monthly support obligation.   

C.     Amounts of support collected that are in excess of the amounts specified in Subsections A and B of this section shall be paid by the human services department to the custodian of the child.   

D.     No agreement between any custodian of a child and a parent of that child, either relieving the parent of any duty of child or spousal support or responsibility or purporting to settle past, present or future support obligations, either as a settlement or prepayment, shall act to reduce or terminate any rights of the human services department to recover from that parent for support provided, unless the human services department has consented to the agreement in writing.   

E.     The noncustodial parent shall be given credit for any support actually provided, including housing, clothing, food or funds paid prior to the entry of any order for support.  The noncustodial parent has the burden on the issue of any payment.   

F.     An application for public assistance by any person constitutes an assignment by operation of law of any support rights the person is entitled to from any other person, whether the support rights are owed to the applicant or to any family member for whom the applicant is applying for or receiving assistance.  The assignment includes all support rights that have accrued at the time of application for public assistance and continues as an assignment of all support rights the applicant is entitled to for as long as the applicant receives public assistance.   

G.     By operation of law, an assignment to the human services department of any and all rights of an applicant for or recipient of medical assistance under the medicaid program in New Mexico or supplemental security income through the social security administration:   

(1)     is deemed to be made of:   

(a)     any payment for medical care from any person, firm or corporation, including an insurance carrier; and   

(b)     any recovery for personal injury, whether by judgment or contract for compromise or settlement;   

(2)     shall be effective to the extent of the amount of medical assistance actually paid by the department under the medicaid program; and   

(3)     shall be effective as to the rights of any other individuals who are eligible for medical assistance and whose rights can legally be assigned by the applicant or recipient.   

An applicant or recipient is required to cooperate fully with the human services department in its efforts to secure the assignment and to execute and deliver any instruments and papers deemed necessary to complete the assignment by that department.