Section 12. Contempt Proceedings

The Title IV-D agency will pursue contempt provisions when the non-custodial parent has a delinquency of at least three months, and there is sufficient evidence that the non- custodial parent has an ability to pay or otherwise comply with the order. If an obligor is found by a court to be in contempt of court, the Title IV-D agency may request the court issue a bench warrant for the arrest of the obligor. 8.50.111 NMAC 2 Any bond requested by the Title IV-D agency in a bench warrant shall be a cash only bond to be paid to the Title IV-D agency and distributed in accordance with federal and state laws regarding distribution of support payments. A. The Title IV-D agency will screen the case for information regarding the non-custodial parent’s ability to pay or otherwise comply with the order. B. The Title IV-D agency will provide the court with information regarding the non-custodial parent’s ability to pay or otherwise comply with the order. C. The Title IV-D agency will provide clear notice to the non-custodial parent that their ability to pay constitutes the critical question in the civil contempt action.