Head of New Mexico child support agency asks state to stop intercepting payments to poor families

By: - December 14, 2021 6:00 am

Amberly Sanchez poses for a portrait in Albuquerque, NM on Sept. 12, 2021. (Photo by Adria Malcolm for ProPublica)

The head of New Mexico’s child support enforcement agency last week called for the state to end its practice of intercepting child support payments and tax refunds headed to poor mothers and children — which the state claims as repayment to the government for welfare the moms received in the past — a practice revealed by ProPublica in an investigation this fall.

These Single Moms Are Forced to Choose: Reveal Their Sexual Histories or Forfeit Welfare

Betina McCracken, acting director of the New Mexico Child Support Enforcement Division, penned an op-ed Wednesday, Dec. 1, in the Santa Fe New Mexican that presses the state Legislature to let as much as $6.9 million a year in child support collected from fathers flow directly to their families instead of diverting it into government coffers.

The op-ed, co-authored by Kari Armijo, deputy cabinet secretary of the state’s Human Services Department, argues that the Legislature should provide more funding to the agency so that it doesn’t have to balance its budget on the backs of poor parents — like Amberly Sanchez, whose story ProPublica highlighted in September.

Sanchez’s monthly welfare payment was cut in half because she wasn’t helping the state obtain child support from her child’s father.

Lawmakers are currently debating next year’s budget and will finalize it during a session in January and February. Gov. Michelle Lujan Grisham, a Democrat, has said that she supports this policy change and would sign it into law.

This story was originally published by ProPublica.

“We’re focused on the kids,” McCracken said in an interview. “We want them to grow up healthy and happy and just get to be kids. Making sure we get as much money to families as we can so that children are financially supported is half that battle.”

McCracken also noted that the proposed reform would affect families who have previously received public assistance, not ones currently in the program. She said that ending the practice for current welfare recipients would require more money from the Legislature than the agency is prepared to ask for at this time. But this change would benefit most of the families whose child support is being taken by the state.

ProPublica’s investigation found that if single mothers in New Mexico — which has one of the highest rates of child poverty in the U.S. — need help from the state, they first have to reveal who fathered their kids and the exact date that they got pregnant, among other deeply personal details. The state uses that information to pursue child support from the dads, and then it pockets much of the money as reimbursement for those welfare dollars, sharing a large portion with the federal government. This creates fissures within families and in some cases subjects women to abuse by their former partners.

The 1996 welfare reform law signed by then-President Bill Clinton encourages states to recoup money spent on public assistance by intercepting child support, and most states, including New Mexico, still do it.

More than $1.7 billion collected from fathers in 2020 was seized by federal and state governments as repayment for welfare given to mothers and children, according to the ProPublica investigation. Close to 3 million of the nation’s poorest families had child support taken from them last year, amid the pandemic, for this reason.

The potential reform in New Mexico is also the result of an advocacy effort led by the New Mexico Center on Law and Poverty, as well as Democratic state legislator Angelica Rubio.

“I believe we can find the support we need in the Legislature,” Rubio said. “We’ll keep pushing.”


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Eli Hager | ProPublica

Eli Hager is a reporter covering issues affecting children and teens in the Southwest. He joined ProPublica from the Marshall Project, where as a staff writer for six years he focused primarily on juvenile justice, family court, foster care, schools and other issues affecting youth. A two-time Livingston Award finalist and three-time finalist for the Education Writers Association’s national award, his work has appeared in the New York Times, Washington Post, the Atlantic, the Guardian, New York Magazine, USA Today, NPR and elsewhere. Most recently, his investigation of “short-stayers” in New Mexico — kids taken from their families by police and placed in foster care only to be returned days later because the removal was unnecessary — helped prompt legislation that will require social workers, not cops, to perform all child removals. Hager is based in Phoenix.