2019 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4A - Support Enforcement
Section 40-4A-9 - Petitions to modify, suspend or terminate notice of withholding.

A. When an obligor files a petition pursuant to Section 40-4A-7 NMSA 1978, the court, after due notice to all parties, shall hear and resolve the matter no later than forty-five days following the service of the notice of delinquency. Where the court cannot promptly resolve the issues alleged in the petition, the court may order immediate execution of an amended notice to withhold income as to any undisputed amounts and may continue the hearing on the disputed issues for such reasonable length of time as required under the circumstances. Failure to meet the time requirements shall not constitute a defense to the notice to withhold income.

B. At any time, an obligor or obligee or the public office may petition the court to:

(1) modify, suspend or terminate the notice to withhold income because of a corresponding modification, suspension or termination of the underlying order for support;

(2) modify the amount of income to be withheld to increase the rate of payment of the delinquency; or

(3) suspend the notice to withhold income because of the inability of the public office to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.

C. Except for orders to withhold issued pursuant to Section 40-4A-4.1 NMSA 1978, an obligor may petition the court at any time to terminate the withholding of income because payments pursuant to the notice to withhold income have been made for at least three years and all delinquencies have been paid. The court shall suspend the notice to withhold income, absent good cause for denying the petition. If the obligor subsequently becomes delinquent in payment of the order for support, the obligee or public office may serve another notice to withhold income by complying with all requirements for notice and service pursuant to the Support Enforcement Act.

History: 1978 Comp., § 40-4A-9, enacted by Laws 1985, ch. 105, § 9; 1987, ch. 26, § 3; 1990, ch. 30, § 4; 1997, ch. 237, § 12.

The 1997 amendment, effective April 11, 1997, deleted "to stay service or" from the section heading, deleted "to stay service" following "petition" near the beginning of Subsection A, and deleted Subsection D relating to an obligee seeking an order to reapportion the distribution of the obligor's withheld income upon notice to all interested parties.

The 1990 amendment, effective May 16, 1990, in the first sentence of Subsection C, substituted "Except for orders to withhold issued pursuant to Section 40-4A-4.1 NMSA 1978" for "At any time" at the beginning and made a minor stylistic change.