2021 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 4C - Mandatory Medical Support
Section 40-4C-12 - Medical support obligor liability.
A. A medical support obligor who fails to maintain the health care coverage for the benefit of a minor child as ordered pursuant to the Mandatory Medical Support Act shall be liable to the department or the other parent for any medical and dental expenses incurred from the date of the court order.
B. A medical support obligor who receives payment from a third party for the costs of medical or dental services provided to a minor child and who fails to use the payment to reimburse the department is liable to the department to the extent of the department's payment for the services. The department is authorized to intercept the obligor's tax refund, if the medical support obligor is a noncustodial parent, or use other means of enforcement available to the department to recoup amounts paid. Claims for current or past due child support take priority over any claims made pursuant to this subsection. Failure to maintain health care coverage as ordered constitutes a showing of increased need and provides a basis for modification of the medical support obligor's child support order.
C. A medical support obligor is required to provide the department with the following information concerning health care coverage:
(1) medical support obligor's name and tax identification number;
(2) type of coverage (single or family);
(3) name, address and identifying number of health care coverage;
(4) name and tax identification number of other individuals who are provided health care coverage by the medical support obligor;
(5) effective period of coverage; and
(6) name, address and the tax identification number of the employer.
History: Laws 1990, ch. 78, § 12; 1994, ch. 76, § 6; 2003, ch. 287, § 9; 2007, ch. 165, § 9; 2021, ch. 20, § 13.
ANNOTATIONSThe 2021 amendment, effective July 1, 2021, changed former references of "health insurance coverage" to "health care coverage".
The 2007 amendment, effective June 15, 2007, eliminated references to dental insurance coverage; changed "obligor" to "medical support obligor" and "obligee" to "department or other parent"; and authorized the department to intercept tax refunds if the medical support obligor is a noncustodial parent.
The 2003 amendment, effective April 8, 2003, substituted "An" for "The" at the beginning of Subsection A; in Subsection B, inserted "or use other means of enforcement available to the department" following "obligor's tax refund", inserted "coverage" following "or dental insurance"; and substituted "An" for "If the department is the obligee, the" at the beginning of Subsection C.
The 1994 amendment, effective March 4, 1994, inserted the language beginning "An obligor" preceding "Proof of failure" in Subsection B, and added Subsection C.
