N.M. Admin. Code § 8.50.132.7

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.50.132.7 - DEFINITIONS

For purposes relating to unclaimed child, spousal or medical support payments the following definitions will apply.

A. "Department" is the New Mexico human services department, child support enforcement division (also known as the Title IV-D agency or IV-D agency).

B. "Owner" means a person who has a legal interest in property. In cases where support is due and owing, the owner is the custodial party. In cases where support is fully satisfied and the IV-D agency has excess funds on hold, the owner is the obligor. If support is received from an employer, and there is no information regarding the custodial or non-custodial party, the owner is the employer until such time that a custodial or non-custodial party can be identified.

C. "Support" means money (including a check, draft, deposit, interest, overpayment, refund or credit), real or personal property, or other assets held, received, or seized pursuant to an order to pay child support, spousal support (alimony) or medical support.

D. "Unclaimed" means that no person to whom to deliver the support received or seized by the department can be located or identified. "Unclaimed" also includes situations when the custodial party, non-custodial party, or child(ren) are deceased and no claimant comes forward after notice is sent to the last known address or last known employer of the custodial party and non-custodial party. Money distributed to a custodial party via electronic funds transfer is not subject to being unclaimed property in possession of the IV-D agency once it is distributed to an account.

N.M. Admin. Code § 8.50.132.7

8.50.132.7 NMAC - Rp, 8.50.132.7 NMAC, 12/30/10