New Mexico Statutes 50-6-19. Children employed in the performing arts; trust account;
requirements.
Terms Used In New Mexico Statutes 50-6-19
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
A. Whenever a child is employed in the performing arts, the child’s parent, guardian or trustee shall establish a trust account in the child’s state of residence for the benefit of the child within seven business days after the child’s employment contract is signed, and the employer shall deposit fifteen percent of the child’s gross earnings directly into the child’s trust account.
B. The money placed in trust shall not be accessed until the child is eighteen years of age or becomes legally emancipated, unless otherwise ordered by the district court.
C. The parent, guardian or trustee shall provide the child’s employer with a trustee statement within fifteen days after the start of employment. Upon the presentation of the trustee statement, the employer shall provide the parent, guardian or trustee with a written acknowledgment of receipt of the statement.
D. If the parent, guardian or trustee fails to provide the child’s employer with a trustee statement within ninety days after the start of employment, the child’s employer shall refer the matter to the district court and a trustee shall be appointed for the child.
E. The child’s employer shall deposit fifteen percent of the child’s gross earnings into the child’s trust account within fifteen business days of services rendered. If the account is not established, the child’s employer shall withhold fifteen percent until a trust account is established for the child’s benefit.
F. Once the child’s employer deposits fifteen percent of the child’s gross earnings in trust, the child’s employer shall have no further obligation or duty to monitor the funds.
G. The trustee shall be the only individual with an obligation to monitor and account for the funds, in compliance with state law.
H. The district court shall have continuing jurisdiction over the trust and may at any time, upon petition of the parent, guardian, trustee or child, order that the trust be terminated or amended for good cause. An order amending or terminating the trust shall be made only after reasonable notice and the opportunity for all parties to appear and be heard have been given.
I. This section applies only to contracts in an amount equal to or greater than one thousand dollars ($1,000) in gross earnings.
J. For the purposes of this section, “gross earnings” means the total compensation payable to the child under the contract or, if the child’s services are being rendered through a third party, the compensation payable to that third party for the services of the child.