Bill

Bill > HB190


NM HB190

NM HB190
Child Support Enforcement Changes


summary

Introduced
01/28/2021
In Committee
03/09/2021
Crossed Over
Passed
Dead
03/20/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT RELATING TO DOMESTIC AFFAIRS; UPDATING CHILD SUPPORT PROVISIONS; PROVIDING FOR THE IMPUTATION OF INCOME; PROVIDING THAT INCARCERATION MAY NOT BE TREATED AS VOLUNTARY UNEMPLOYMENT; REQUIRING JUSTIFICATION FOR DEVIATION FROM THE CHILD SUPPORT GUIDELINES; CREATING THE CHILD SUPPORT GUIDELINES REVIEW COMMISSION; PROVIDING DUTIES; REQUIRING A REPORT; PROVIDING THAT THE HEALTH CARE NEEDS OF A MINOR CHILD ARE AN ADEQUATE BASIS FOR MODIFICATION OF A CHILD SUPPORT ORDER; AMENDING SECTIONS OF THE MANDATORY MEDICAL SUPPORT ACT TO CHANGE REFERENCES TO "HEALTH INSURANCE" TO "HEALTH CARE COVERAGE" AND REFERENCES TO "INSURERS" TO "CARRIERS"; PROVIDING THAT FEES RELATING TO ADJUDICATING PARENTAGE NOT BE ORDERED TO BE PAID LATER THAN THREE YEARS FROM THE DATE OF FILING FOR CHILD SUPPORT; PROVIDING THAT RETROACTIVE CHILD SUPPORT BE LIMITED TO THREE YEARS.

AI Summary

This bill makes several changes to child support enforcement laws in New Mexico: It allows courts to impute income to a parent who has willfully failed to obtain or maintain appropriate employment, using specific criteria. It also states that incarceration cannot be considered voluntary unemployment. The bill requires justification for any deviation from the child support guidelines, and creates a Child Support Guidelines Review Commission to periodically review the guidelines. The bill also makes the health care needs of a minor child an adequate basis to modify a child support order. It updates references in the Mandatory Medical Support Act from "health insurance" to "health care coverage" and from "insurers" to "carriers". Additionally, it limits fees related to adjudicating parentage to be paid within three years of filing, and limits retroactive child support to three years.

Committee Categories

Health and Social Services, Justice

Sponsors (1)

Last Action

Referred to: HRC (on 03/09/2021)

bill text


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