New Mexico Survivor Financial Security Policy Scorecard
How well does New Mexico support survivors’ financial security?
...Due to expenses acquired from situation I am not able to make payments and my credit score has suffered due to it.
This state considers survivors’ financial security in multiple policies, and is making progress towards becoming a survivor financial security friendly state
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
The state’s definition includes controlling, regulating, and depleting a survivor’s financial resources
The state’s definition includes damaging a survivor's credit or ability to obtain credit
The state’s definition includes preventing a survivor’s access or ability to access financial resources and other resources including the ability to work and/or ability to pursue education or job training
Adverse policies this state should avoid
A definition that explicitly excludes economic abuse or tactics
Related sources:
Positive policies this state has
Employers must keep employees’ survivor status confidential
Confidentiality requirements apply to all employers regardless of employer type, sector, and employee status (PT/FT)
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Employers are prohibited from discriminating or retaliating against employees based on their status as a survivor
Protections against discrimination and retaliation are available to all employees regardless of employer type, sector, and employee status (PT/FT)
Employers must make reasonable accommodations available for survivors
Reasonable accommodation requirements apply to all employers regardless of employer type, sector, and employee status (PT/FT)
Survivors are not required to prove that they were subjected to intimate partner violence to access protections, or can access protections with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Employers are prohibited from requiring survivors or job applicants in general to include credit report information on job applications
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred to access protections
Positive policies this state has
Survivors are given leave from work to deal with the consequences of abuse
Survivors who take leave are protected from job loss, discrimination and retaliation
Survivors get at least 10 days of leave annually
Leave does not deplete accrued time off (i.e., sick leave, vacation)
Leave is available to all employees regardless of employer, sector or employee status (PT/FT)
Leave policy provides an exhaustive list of reasons to take time off for work to deal with the consequences of abuse
Survivors are not required to prove that they were subjected to intimate partner violence to access leave, or can access leave with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Employers must keep employees’ reasoning for leave and related documentation confidential
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Leave is guaranteed paid
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred in order to access leave
Positive policies this state has
Survivors who must leave or quit work due to intimate partner violence remain eligible for benefits
Survivors are not required to prove that they were subjected to intimate partner violence to access the program, or can access it with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
State provides 100% wage replacement for survivors of intimate partner violence
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred to access the program
Related sources:
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
State protects survivors from litigation abuse by their harm-doer
The policy includes a broad definition of litigation to include any kind of legal action or proceeding
The policy requires harm-doers using litigation abuse tactics to pay all attorney’s fees and costs incurred by a survivor
The policy permits the dismissal with prejudice of any action in which a harm-doer is found to have committed litigation abuse
The policy requires attorneys that participate in litigation abuse to pay the survivor’s attorney’s fees
Adverse policies this state should avoid
This state does not have adverse policies in this section.
Related sources:
No Litigation Abuse Protections resources found for New Mexico.
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors are exempted from paying spousal support during divorce or separation proceedings
Survivors are exempted from paying spousal support after divorce or separation proceedings
Survivors are either not required to prove that they were subjected to IPV to access the spousal support exemption or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, IPV service providers, and friends, that IPV occurred.
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that IPV has occurred in order to access the spousal support exemption
Related sources:
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors have the right to sue their harm-doers through a designated intimate partner or violence gender-based violence tort
Statute of limitations applicable to designated tort or torts that arise out of intimate partner or gender-based violence is at least 5 years
Statute of limitations applicable to designated tort or torts that arise out of intimate partner or gender-based violence is at least 20 years in cases of brain injury and / or a disability
The designated tort is structured as a continuing tort
Adverse policies this state should avoid
Designated tort excludes any gender identities and sexualities
Related sources:
No Designated Tort for Intimate Partner Violence resources found for New Mexico.
Positive policies this state has
Survivors can appeal eligibility determination
Survivors can appeal amount awarded
Adverse policies this state has
Survivors are required to cooperate with law enforcement for the investigation and / or prosecution of the crime
Positive policies this state should adopt
There is no deadline to apply for compensation
Survivors are not required to report the crime to police within a specific timeframe to be eligible for compensation
Compensation is available to people who are undocumented
Emergency / expedited awards are available in cases of financial hardship
Funds are available to cover the cost of attorneys’ fees incurred in applying for compensation
Compensation is available to cover the cost of attorneys’ fees incurred in other legal proceedings related to intimate partner violence
Compensation awards are available to cover the cost of coerced and fraudulent debt
Adverse policies this state should avoid
Survivors are required to submit a police report as part of the application process
Compensation is not available to survivors with a criminal record
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
State funding is allocated for a direct cash assistance pilot or a permanent program for survivors
The program or pilot does not require income limits
The program or pilot offers multiple ways for survivors to receive cash
Income from the pilot or program does not impact a survivor’s eligibility for safety-net programs (i.e. TANF, SNAP, and Medicare)
Survivors are either not required to prove that they were subjected to IPV to access the income program/pilot or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, IPV service providers, and friends, that IPV occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that IPV has occurred in order to access the program or pilot
Related sources:
No Guaranteed Income for Survivors resources found for New Mexico.
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
The state has an innocent spouse tax debt relief process for a spouse who has been subjected to IPV
The state has an injured spouse relief process for a spouse who has been subjected to IPV to recoup the tax refund incorrectly sent to a harm-doer
The state has a designated internal group within the state tax board to support survivors in safeguarding against and recovering from IPV-related tax fraud
Survivors are either not required to prove that they have been subjected to IPV to access the program or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, GBV service providers, and friends, that IPV occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that IPV occurred to access tax protections or relief
Related sources:
No State Tax Filing Protections resources found for New Mexico.
Positive policies this state has
The state has an Earned Income Tax Credit (EITC) program
The state EITC is refundable
The state has a CTC
The state CTC is refundable
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Tax filers who file with an Individual Taxpayer Identification Number (ITIN) are eligible to receive state EITC
Self-employed filers are eligible to receive state EITC
Unpaid caregivers are eligible to receive state EITC
Parents or guardians filing with an ITIN for the state CTC remain eligible for the credit for their dependent(s)/child(ren)
Adverse policies this state should avoid
This state does not have adverse policies in this section.
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors are eligible for exemptions or deferments from work or job training SNAP requirements
Survivors are eligible for expedited enrollment into the program
Survivors can remove harm-doers from listed household members on SNAP applications or renewals
Survivors are eligible for benefit replacement when applying for a separate household from their harm doer
Survivors are eligible for SNAP specific exemptions or special considerations without having to apply through a shelter or other intimate partner violence service provider organization
Case managers are required to provide SNAP special considerations to survivors
All applicants are required to receive information about SNAP special considerations and exemptions for survivors
Survivors are not required to prove that they were subjected to intimate partner violence to access SNAP exemptions or special considerations, or can access them with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access exemptions and / or special considerations
Related sources:
Positive policies this state has
Survivors are eligible for exemptions or deferments from work or job training TANF requirements
Survivors are eligible for time-limit exemptions or deferrals
Survivors are eligible for TANF specific exemptions and special considerations without having to apply through a shelter or other intimate partner violence service provider organization
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Case managers are required to provide TANF special considerations to survivors
All applicants are required to receive information about TANF special considerations and exemptions for survivors
Survivors are not required to prove that they were subjected to intimate partner violence to access TANF exemptions or special considerations, or can access them with a sworn statement by either the survivor or a qualified third party that intimate partner violence occurred required
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred to access TANF exemptions or special considerations
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors are eligible for Temporary Assistance for Needy Families (TANF) or a similar program regardless of immigration status
Survivors are eligible for Supplemental Nutrition Assistance Program (SNAP) or a similar program regardless of immigration status
Survivors are eligible for Medicare or similar program regardless of immigration status
Undocumented survivors who seek support and services from law enforcement are protected from being arrested, detained, and / or transferred to immigration enforcement due to their undocumented status
Local and state agencies are prohibited from conducting immigration arrests
Local and state agencies are prohibited from assisting or facilitating immigration arrests, which includes prohibiting ICE transfers
Undocumented survivors are either not required to prove that they were subjected to IPV to access the program or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, IPV service providers,
and friends, that IPV occurred
Adverse policies this state should avoid
Undocumented urvivors are required to produce a protective order or police report proving that IPV has occurred in order to access protections
Related sources:
No Services and Protections for Undocumented Survivors resources found for New Mexico.
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Financial institutions operating within the state are required to be trained in intimate partner violence or economic abuse
Financial institutions operating in the state are required to designate internal team to handle survivor accounts
Financial institutions operating in the state are required to implement procedures and policies that create protections against unintended disclosures of survivors’ contact information and addresses.
Survivors are not required to prove that they were subjected to intimate partner violence to access protections, or can access them with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access protections
Related sources:
No Safe Banking Protections resources found for New Mexico.
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors have the right to sue their harm-doers for coerced and fraudulent debt through a designated tort
Creditors and/or debt collectors operating within the state are required to be trained in intimate partner violence, coerced and fraudulent debt or economic abuse
State law provides survivors with relief from debt collection practices relating to coerced or fraudulent debt
State law provides survivors with relief from the obligation to pay for coerced or fraudulent debt
The state’s definition of identity theft includes coerced and fraudulent debt and economic abuse
Survivors are not required to prove that they were subjected to intimate partner violence to access debt protections, or can access them with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access protections
Related sources:
No Coerced and Fraudulent Debt Protections resources found for New Mexico.
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors are eligible to terminate a lease early
Early lease termination does not result in any penalties including future rent, deduction of deposits or other costs
Early lease termination eligibility remains in place regardless of whether a known harm-doer is on the rental lease agreement
Survivors can omit their credit scores on rental applications
Landlords are prohibited from evicting someone based on incidents of intimate partner violence
Landlords are prohibited from discriminating against survivors who are rental applicants or tenants
Survivors are not responsible for property damage as a result of intimate partner violence
Eviction protections remain in place regardless of whether a known harm-doer has entered the property and/or rental unit
Landlords are held liable to the tenant for any damages as a result of violating rental protections stated in the law
Survivors are not required to prove that they were subjected to intimate partner violence to access rental protections, or can access them with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving intimate partner violence occurred to access rental protections
Frequent calls to law enforcement or complaints related to IPV incidences label a property as a “public nuisance”
Related sources:
No Rental Protections resources found for New Mexico.
Positive policies this state has
Public and private health insurance policies are prohibited from discriminating against a survivor
Public and private health insurance policies are prohibited from charging survivors higher insurance premiums, co-pays, and other health insurance-related costs
Public and private health insurance policies are prohibited from excluding or limiting coverage for IPV-related injuries and other harms
Public and private health insurance companies must keep a person’s survivor status confidential
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
Survivors are either not required to prove that they were subjected to IPV to access health insurance protections or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, IPV service providers, and friends, that IPV occurred
Adverse policies this state should avoid
Survivors are required to produce a protective order or police report proving that IPV has occurred in order to access health insurance protections
Related sources:
Positive policies this state has
Survivors are able to keep their address and other contact information off of publicly available voter registration records
Survivors are able to keep their address and other contact information off of publicly available voter registration records without having to be a part of the address confidentiality program
The state allows same-day voter registration in all public elections
The state allows those with a convicted criminal history to vote, regardless of conviction type or level
The state allows those under the age of 18 to pre-register to vote
The state allows for online voter registration
All registered voters are eligible to vote early
All registered voters are able to vote by mail
Time off to vote requirement is available to all employees regardless of employer type, sector, and employee status (PT/FT)
Time off to vote is guaranteed paid
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
The state allows those who are in pre-trial detention or serving jail or prison sentences to register to vote
The state allows those who are in pre-trial detention or serving jail or prison sentences to vote
Employers are required to provide employees some time off to vote
The state makes Election Day a holiday
Adverse policies this state should avoid
Voters are required to show identification prior to casting a ballot
Positive policies this state has
This state does not have model policies in this section.
Adverse policies this state has
This state does not have adverse policies in this section.
Positive policies this state should adopt
State has a task force or something similar to study, design and/or implement non-law enforcement responses to intimate partner violence
State provides options for non-law enforcement first responders to intimate partner violence
Survivors are able to drop criminal proceedings against their harm-doer with negatively impacting their ability to access resources
Adverse policies this state should avoid
Mandatory arrest requirements for calls related to intimate partner violence
Healthcare providers or professionals are required to report suspected or known injuries caused by IPV to law enforcement
“No-drop” policies
Related sources:
Understanding this report
Scoring guide
Overall State Score
This state prioritizes survivors’ financial security across all policy categories and is a model for other states to follow!
This state is prioritizing survivors’ financial security in a broad range of policies and is on its way to becoming a Model State!
This state considers survivors’ financial security in multiple policies, and is making progress towards becoming a survivor financial security friendly state
This state somewhat considers survivors’ financial security in a few policies, but has a lot of work to do
This state does not prioritize survivors’ financial security or consider their unique circumstances or needs
Policy Category Scores
This policy has it all!
This policy includes a majority of our Model Policy characteristics
This policy includes some of our Model Policy characteristics, but needs improvement
This state does not have this policy
This policy is harmful for survivors
Checklist Legend
This state’s policy includes this characteristicThis state’s policy does not include this characteristicIt is unclear whether this state’s policy includes this characteristic
Honorable Mention: A promising policy that doesn’t quite fit
Innovative Idea: This state is thinking outside the box on policy solutions
