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NEW MEXICO STATUTES AND CODES

Section 40-4A-11 - Penalties.

40-4A-11. Penalties.

If any person willfully fails to withhold or pay over income pursuant to the Support Enforcement Act [40-4A-1 NMSA 1978], willfully discharges, disciplines, refuses to hire or otherwise penalizes an obligor as prohibited by Subsection D of Section 40-4A-8 NMSA 1978, or otherwise fails to comply with any duty imposed by that act, the court, upon due notice and hearing:   

A.     shall impose a fine against the payor for the total amount that the payor willfully failed to withhold or pay over;   

B.     shall order reinstatement of or award damages to the obligor, or both, where the obligor has been discharged, disciplined or otherwise penalized by the payor; or   

C.     may take such other action, including action for contempt of court, as may be appropriate.   

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