How to collect unpaid child support in New Mexico

How unpaid support is collected, interest and license rules, and a free letter asking the agency to enforce.

Checked against official sources: Oct 25, 2026.

Short answer

Arrears means child support that is past due. Delinquent child support accrues interest at 4% a year from the date it is late until paid, and a consolidated judgment for past-due support also accrues 4%.

Interest on unpaid support
4% a year
Passport denial
Over $2,500 past due (federal law)

What the agency can do in New Mexico

Arrears means support that is past due. The child support agency can use these tools to collect it:

  • Wage withholding
  • Federal and state tax refund intercept
  • Driver's license suspension
  • Bank account seizure
  • Liens
  • Credit bureau reporting
  • Civil contempt: motions for order to show cause and bench warrants

Law: CSSD Full Services Application and brochure

Ask the agency in writing to collect what is owed: Ask the agency to collect unpaid support

Interest on arrears in New Mexico

Delinquent child support accrues interest at 4% a year from the date it is late until paid, and a consolidated judgment for past-due support also accrues 4%. Payments go first to current support, then past-due support, then interest. A 2026 bill to raise the rate to 6.5% did not pass.

Law: NMSA 1978, § 40-4-7.3; HB 266

Tools that work in every state

  • Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
  • Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
  • Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
  • Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)

Contempt of court in New Mexico

CSSD attorneys can ask the court for an order to show cause or a bench warrant. You can also file your own Motion to Enforce Order in district court.

Source: form 4A-209

In nearby states

Steps to collect support in New Mexico

  1. Keep a payment record

    Keep a log of every payment and every missed payment.

  2. Contact the agency

    Ask for enforcement from New Mexico Health Care Authority, Child Support Services Division (CSSD) (1-800-283-4465) · Apply online

  3. Tell the agency about income

    The other parent's job, address or bank helps the agency collect.

  4. Ask about interest

    Ask the agency for the total owed, with any interest.

  5. Talk to legal aid

    Ask for free help: New Mexico Courts HelpLine and New Mexico Legal Aid.

Where to get free help in New Mexico

Questions about unpaid support in New Mexico

What can the agency do about unpaid support in New Mexico?

Arrears means support that is past due. The child support agency can use these tools to collect it: Wage withholding; Federal and state tax refund intercept; Driver's license suspension; Bank account seizure; Liens; Credit bureau reporting; Civil contempt: motions for order to show cause and bench warrants.

Can a parent be held in contempt for not paying in New Mexico?

CSSD attorneys can ask the court for an order to show cause or a bench warrant. You can also file your own Motion to Enforce Order in district court.

What is the interest rate on arrears in New Mexico?

Delinquent child support accrues interest at 4% a year from the date it is late until paid, and a consolidated judgment for past-due support also accrues 4%. Payments go first to current support, then past-due support, then interest. A 2026 bill to raise the rate to 6.5% did not pass.

Keep reading about New Mexico

Sources

Sources

Last checked: Oct 25, 2026.

Federal sources