As used in NRS 125B.002 to 125B.180 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 125B.004 and 125B.008 have the meanings ascribed to them in those
sections.
(Added to NRS by 1997, 2293; A 1999, 874 )
“Court” means the district court or
any judicial or administrative procedure established in this or any other
state to facilitate the collection of an obligation for the support of a
child.
(Added to NRS by 1997, 2293)
“State” has the meaning ascribed to
it in NRS 130.10179 .
(Added to NRS by 1997, 2293; A 1997, 2348)
The provisions of this
chapter apply to all parents of all children, whether or not legitimated.
(Added to NRS by 1983, 1866; A 1987, 2251)—(Substituted in revision
for NRS 126.238)
To the extent that any provision of this
chapter is inconsistent with the provisions of chapter 130 of NRS regarding the effect, enforcement or
modification of an order relating to the support of a child issued by a
court other than a court of this state, the provision of this chapter
does not apply to the order. The enforcement and any modification of such
an order must comply with the provisions of chapter 130 of NRS.
(Added to NRS by 1997, 2293; A 1997, 2348)
1. Each district court has jurisdiction of an action brought under
this chapter.
2. In addition to any other method authorized by law for obtaining
jurisdiction over a person inside or outside of this state, personal
jurisdiction may be acquired anywhere within the territorial limits of
this state by service of process in any manner prescribed by the Nevada
Rules of Civil Procedure.
3. If an action to establish or enforce an obligation for the
support of a child is transferred from one judicial district in this
state to another judicial district in this state, the district court to
which the action is transferred shall not require the petitioner to file
additional documents with the court or provide additional service of
process upon the respondent to maintain jurisdiction over the parties.
(Added to NRS by 1997, 2293)
1. The parents of a child (in this chapter referred to as “the
child”) have a duty to provide the child necessary maintenance, health
care, education and support.
2. They are also liable, in the event of the child’s death, for
its funeral expenses.
3. The father is also liable to pay the expenses of the mother’s
pregnancy and confinement.
4. The obligation of the parent to support the child under the
laws for the support of poor relatives applies to children born out of
wedlock.
[1:87:1923; NCL § 3405]—(NRS A 1983, 1873; 1989, 747)
Where the parents of a child are separated, the physical
custodian of the child may recover from the parent without physical
custody a reasonable portion of the cost of care, support, education and
maintenance provided by the physical custodian. In the absence of a court
order, the parent who has physical custody may recover not more than 4
years’ support furnished before the bringing of the action.
[2:87:1923; NCL § 3406]—(NRS A 1969, 95; 1979, 1279; 1983,
1873)—(Substituted in revision for NRS 126.251)
1. The obligation of support imposed on the parents of a child
also creates a cause of action on behalf of the legal representatives of
either of them, or on behalf of third persons or public agencies
furnishing support or defraying the reasonable expenses thereof.
2. In the absence of a court order, reimbursement from the
nonsupporting parent is limited to not more than 4 years’ support
furnished before the bringing of the action.
3. An order for the support of a child creates an obligation for
the support of the child and follows the child to the person who has
obtained lawful physical custody of the child.
4. A person who obtains lawful physical custody of a child for
whom an order for support has been issued shall be deemed to be the
person entitled to receive the payments ordered for the support of the
child. Such a person may in the same manner as the person named in the
order for support of the child and without petitioning the court for a
new order:
(a) Enforce the existing order for support of the child; or
(b) Request modification of the order for support of the child.
5. The transfer of an obligation for support of a child pursuant
to this section remains in effect as long as the person lawfully retains
physical custody of the child or until a court orders otherwise. If the
person ceases to have physical custody of the child, the person to whom
the lawful physical custody of the child is transferred becomes the
person entitled to receive the payments for the support of the child,
unless a court orders otherwise.
6. A person who obtains lawful physical custody of a child and who
was not a party to the original proceeding in which a court issued an
order for the support of the child that wishes to enforce the order must:
(a) Provide the Division of Welfare and Supportive Services of the
Department of Health and Human Services with a written declaration, under
penalty of perjury, that the person has obtained lawful physical custody
of the child;
(b) If the Division of Welfare and Supportive Services or its
designee has not been responsible for enforcing the order, mail to the
obligor at his last known address by first-class mail and to the attorney
of record, if any, specified in the previous decree of divorce or order:
(1) A copy of the written declaration created pursuant to
paragraph (a);
(2) A statement setting forth the name of the person, the
month and year in which the person obtained physical custody of the child
and the address to which the payments for support of the child must be
sent; and
(3) Notice that the obligor must send future payments for
support of the child to the person; and
(c) If the Division of Welfare and Supportive Services or its
designee has not been responsible for enforcing the order, file a copy of
the declaration created pursuant to paragraph (a) with the court that
entered the order for support of the child and comply with the provisions
of subsection 2 of NRS 125B.055 .
7. Upon receipt of a declaration created pursuant to paragraph (a)
of subsection 6, if the Division of Welfare and Supportive Services or
its designee has been responsible for enforcing the order for the support
of the child, the Division of Welfare and Supportive Services shall:
(a) Mail to the obligor at his last known address by first-class
mail and to the attorney of record, if any, specified in the previous
decree of divorce or order:
(1) A copy of the declaration; and
(2) Notice to the obligor that the payments for support of
the child will be provided to the person who has lawful physical custody
of the child until such custody is terminated or until a court orders
otherwise; and
(b) File a copy of the declaration and notice with the court that
entered the order for support of the child.
8. A person who fails to comply with the requirements of
subsection 6 does not lose the right to receive payments ordered for the
support of the child, but such failure may be considered by a court in
determining the amount of arrears owed by an obligor to the person.
9. Notwithstanding the transfer of an obligation for the support
of a child made pursuant to this section, any arrears in the payment of
an obligation for the support of a child accrues to the person who had
lawful physical custody of the child at the time that the payment was due
and remains due until paid in full.
10. For the purposes of this section, visitation rights must not
be construed as a change of custody.
11. The provisions of this section do not change the legal custody
of a child or affect the rights and obligations of a parent relating to a
child.
12. As used in this section, “lawful physical custody” means a
person who has obtained physical custody:
(a) Pursuant to an order of a court; or
(b) With the consent of the person who has been awarded physical
custody of the child pursuant to an order of a court.
[3:87:1923; NCL § 3407]—(NRS A 1979, 1279; 1983, 1874; 2005, 2432
)
1. If there is no court order for support, any demand in writing
to a parent not having physical custody for payment of support on behalf
of a minor child, mailed to the last known address of the parent, tolls
the running of the statute of limitations for the bringing of an action
for that support.
2. A motion for relief after judgment and an independent action to
enforce a judgment for support of a child may be commenced at any time.
3. If a court has issued an order for the support of a child,
there is no limitation on the time in which an action may be commenced to:
(a) Collect arrearages in the amount of that support; or
(b) Seek reimbursement of money paid as public assistance for that
child.
(Added to NRS by 1983, 1867; A 1987, 2252)—(Substituted in revision
for NRS 126.263)
1. A court that, on or after October 1, 1998, issues or modifies
an order in this State for the support of a child shall:
(a) Obtain and provide to the Division of Welfare and Supportive
Services of the Department of Health and Human Services such information
regarding the order as the Division of Welfare and Supportive Services
determines is necessary to carry out the provisions of 42 U.S.C. § 654a.
(b) Ensure that the social security numbers of the child and the
parents of the child are placed in the records relating to the matter
and, except as otherwise required to carry out a specific statute,
maintained in a confidential manner.
2. Within 10 days after a court of this State issues an order for
the support of a child, each party to the cause of action shall file with
the court that issued the order and the Division of Welfare and
Supportive Services:
(a) His social security number;
(b) His residential and mailing addresses;
(c) His telephone number;
(d) His driver’s license number; and
(e) The name, address and telephone number of his employer.
Ê Each party shall update the information filed with the court and the
Division of Welfare and Supportive Services pursuant to this subsection
within 10 days after that information becomes inaccurate.
3. The Division of Welfare and Supportive Services shall adopt
regulations specifying the particular information required to be provided
pursuant to subsection 1 to carry out the provisions of 42 U.S.C. § 654a.
(Added to NRS by 1997, 2294; A 1999, 2680 )
Before a
court issues or modifies an order for the support of a child, the court
shall determine whether any of the parties to the proceeding are
receiving or have ever received public assistance. If the court
determines that any of those parties are receiving or have ever received
public assistance, the court shall not waive any arrearages in the
payment of child support until after it has provided the Division of
Welfare and Supportive Services of the Department of Health and Human
Services with notice and an opportunity to be heard regarding the matter.
(Added to NRS by 1999, 874 )
1. As used in this section and NRS 125B.080 , unless the context otherwise requires:
(a) “Gross monthly income” means the total amount of income
received each month from any source of a person who is not self-employed
or the gross income from any source of a self-employed person, after
deduction of all legitimate business expenses, but without deduction for
personal income taxes, contributions for retirement benefits,
contributions to a pension or for any other personal expenses.
(b) “Obligation for support” means the sum certain dollar amount
determined according to the following schedule:
(1) For one child, 18 percent;
(2) For two children, 25 percent;
(3) For three children, 29 percent;
(4) For four children, 31 percent; and
(5) For each additional child, an additional 2 percent,
Ê of a parent’s gross monthly income, but not more than the presumptive
maximum amount per month per child set forth for the parent in subsection
2 for an obligation for support determined pursuant to subparagraphs (1)
to (4), inclusive, unless the court sets forth findings of fact as to the
basis for a different amount pursuant to subsection 6 of NRS 125B.080
.
2. For the purposes of paragraph (b) of subsection 1, the
presumptive maximum amount per month per child for an obligation for
support, as adjusted pursuant to subsection 3, is:
PRESUMPTIVE MAXIMUM AMOUNT
The Presumptive Maximum Amount the
INCOME RANGE
Parent May Be Required to Pay
If the Parent’s Gross But
per Month per Child Pursuant to
Monthly Income Is at Least Less Than Paragraph
(b) of Subsection 1 Is
$0 -
$4,168 $500
4,168 -
6,251 550
6,251 -
8,334 600
8,334 -
10,418 650
10,418 -
12,501 700
12,501 -
14,583 750
If a parent’s gross monthly income is equal to or greater than $14,583,
the presumptive maximum amount the parent may be required to pay pursuant
to paragraph (b) of subsection 1 is $800.
3. The presumptive maximum amounts set forth in subsection 2 for
the obligation for support must be adjusted on July 1 of each year for
the fiscal year beginning that day and ending June 30 in a rounded dollar
amount corresponding to the percentage of increase or decrease in the
Consumer Price Index (All Items) published by the United States
Department of Labor for the preceding calendar year. On April 1 of each
year, the Office of Court Administrator shall determine the amount of the
increase or decrease required by this subsection, establish the adjusted
amounts to take effect on July 1 of that year and notify each district
court of the adjusted amounts.
4. As used in this section, “Office of Court Administrator” means
the Office of Court Administrator created pursuant to NRS 1.320 .
(Added to NRS by 1987, 2267; A 1991, 1334; 2001, 1865 ; 2003, 101 , 342 )
Except as
otherwise provided in NRS 425.450 :
1. A court of this State shall apply the appropriate formula set
forth in NRS 125B.070 to:
(a) Determine the required support in any case involving the
support of children.
(b) Any request filed after July 1, 1987, to change the amount of
the required support of children.
2. If the parties agree as to the amount of support required, the
parties shall certify that the amount of support is consistent with the
appropriate formula set forth in NRS 125B.070 . If the amount of support deviates from the
formula, the parties must stipulate sufficient facts in accordance with
subsection 9 which justify the deviation to the court, and the court
shall make a written finding thereon. Any inaccuracy or falsification of
financial information which results in an inappropriate award of support
is grounds for a motion to modify or adjust the award.
3. If the parties disagree as to the amount of the gross monthly
income of either party, the court shall determine the amount and may
direct either party to furnish financial information or other records,
including income tax returns for the preceding 3 years. Once a court has
established an obligation for support by reference to a formula set forth
in NRS 125B.070 , any subsequent
modification or adjustment of that support, except for any modification
or adjustment made pursuant to subsection 3 of NRS 125B.070 or NRS 425.450 or as a result of a review conducted pursuant to subsection 1
of NRS 125B.145 , must be based upon
changed circumstances.
4. Notwithstanding the formulas set forth in NRS 125B.070 , the minimum amount of support that may be
awarded by a court in any case is $100 per month per child, unless the
court makes a written finding that the obligor is unable to pay the
minimum amount. Willful underemployment or unemployment is not a
sufficient cause to deviate from the awarding of at least the minimum
amount.
5. It is presumed that the basic needs of a child are met by the
formulas set forth in NRS 125B.070 .
This presumption may be rebutted by evidence proving that the needs of a
particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child is greater or
less than the amount which would be established under the applicable
formula, the court shall:
(a) Set forth findings of fact as to the basis for the deviation
from the formula; and
(b) Provide in the findings of fact the amount of support that
would have been established under the applicable formula.
7. Expenses for health care which are not reimbursed, including
expenses for medical, surgical, dental, orthodontic and optical expenses,
must be borne equally by both parents in the absence of extraordinary
circumstances.
8. If a parent who has an obligation for support is willfully
underemployed or unemployed to avoid an obligation for support of a
child, that obligation must be based upon the parent’s true potential
earning capacity.
9. The court shall consider the following factors when adjusting
the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The legal responsibility of the parents for the support of
others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the mother’s pregnancy and
confinement;
(i) The cost of transportation of the child to and from visitation
if the custodial parent moved with the child from the jurisdiction of the
court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with each parent;
(k) Any other necessary expenses for the benefit of the child; and
(l) The relative income of both parents.
(Added to NRS by 1987, 2267; A 1989, 859; 1991, 1334; 1993, 486;
1997, 2295; 2001, 1866 )
Except as otherwise provided in NRS
125B.012 , every court order for the
support of a child issued or modified in this State on or after October
1, 1997, must include a provision specifying whether the parent required
to pay support is required to provide coverage for the health care of the
child and, if so, any details relating to that requirement.
(Added to NRS by 1997, 2294)
A judgment or order of a court of this State for the
support of a child ordinarily must be for periodic payments which may
vary in amount. In the best interest of the child, a lump-sum payment or
the purchase of an annuity may be ordered in lieu of periodic payments of
support.
(Added to NRS by 1983, 1867; A 1997, 2297)
1. Except as otherwise provided in this section and NRS 125B.012
, if an installment of an obligation
to pay support for a child which arises from the judgment of a court
becomes delinquent in the amount owed for 1 month’s support, a penalty
must be added by operation of this section to the amount of the
installment. This penalty must be included in a computation of arrearages
by a court of this State and may be so included in a judicial or
administrative proceeding of another state. A penalty must not be added
to the amount of the installment pursuant to this subsection if the court
finds that the employer of the responsible parent or the district
attorney or other public agency in this State that enforces an obligation
to pay support for a child caused the payment to be delinquent.
2. The amount of the penalty is 10 percent per annum, or portion
thereof, that the installment remains unpaid. Each district attorney or
other public agency in this State undertaking to enforce an obligation to
pay support for a child shall enforce the provisions of this section.
(Added to NRS by 1993, 1030; A 1997, 2297; 2005, 310 )
A
parent who, at the time the child becomes emancipated, is delinquent in
the payment of support for that child pursuant to an order of a court for
support, shall continue to make the payments for the support as
previously ordered until the arrearages are paid.
(Added to NRS by 1987, 2250)
1. A parent shall support beyond the age of majority his child who
is handicapped until the child is no longer handicapped or until the
child becomes self-supporting. The handicap of the child must have
occurred before the age of majority for this duty to apply.
2. For the purposes of this section, a child is self-supporting if
he receives public assistance beyond the age of majority and that
assistance is sufficient to meet his needs.
3. This section does not impair or otherwise affect the
eligibility of a handicapped person to receive benefits from a source
other than his parents.
4. As used in this section, “handicapped” means the inability to
engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to
result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.
(Added to NRS by 1987, 2268; A 1991, 1336)
1. The obligation of a parent other than that under the laws
providing for the support of poor relatives is discharged by complying
with a court order for support or with the terms of a judicially approved
settlement.
2. The legal adoption of the child into another family discharges
the obligation of his natural parents for the period subsequent to the
adoption.
[4:87:1923; NCL § 3408]—(NRS A 1979, 1280; 1997, 2297)
1. The obligation of a parent is enforceable against his estate in
such an amount as the court may determine, having regard to the age of
the child, the ability of the custodial parent to support the child, the
amount of property left by the deceased parent, the number, age, and
financial condition of the lawful issue, if any, and the rights of the
surviving spouse, if any, of the deceased parent.
2. The court may direct the discharge of the obligation by
periodical payments or by the payment of a lump sum.
[5:87:1923; NCL § 3409]—(NRS A 1979, 1280; 1983, 1874)—(Substituted
in revision for NRS 126.281)
If, after a court issues an order for the
support of a child, a subsequent cause of action between the parties
concerning the support of the child is initiated, the requirements for
notice and service of process shall be deemed to have been met with
respect to a party to the proceeding who cannot be found if:
1. The party initiating the proceeding shows proof that diligent
effort has been made to ascertain the location of the missing party; and
2. Written notice of the initiation of the proceeding has been
mailed to the mailing address of the missing party or the address of the
missing party’s employer as those addresses appear in the information
required to be filed pursuant to subsection 2 of NRS 125B.055 .
(Added to NRS by 1997, 2294; A 1999, 2681 )
1. Except as otherwise provided in chapter 130 of NRS and NRS 125B.012 :
(a) If an order issued by a court provides for payment for the
support of a child, that order is a judgment by operation of law on or
after the date a payment is due. Such a judgment may not be retroactively
modified or adjusted and may be enforced in the same manner as other
judgments of this State.
(b) Payments for the support of a child pursuant to an order of a
court which have not accrued at the time either party gives notice that
he has filed a motion for modification or adjustment may be modified or
adjusted by the court upon a showing of changed circumstances, whether or
not the court has expressly retained jurisdiction of the modification or
adjustment.
2. Except as otherwise provided in subsection 3 and NRS 125B.012
, 125B.142 and 125B.144 :
(a) Before execution for the enforcement of a judgment for the
support of a child, the person seeking to enforce the judgment must send
a notice by certified mail, restricted delivery, with return receipt
requested, to the responsible parent:
(1) Specifying the name of the court that issued the order
for support and the date of its issuance;
(2) Specifying the amount of arrearages accrued under the
order;
(3) Stating that the arrearages will be enforced as a
judgment; and
(4) Explaining that the responsible parent may, within 20
days after the notice is sent, ask for a hearing before a court of this
State concerning the amount of the arrearages.
(b) The matters to be adjudicated at such a hearing are limited to
a determination of the amount of the arrearages and the jurisdiction of
the court issuing the order. At the hearing, the court shall take
evidence and determine the amount of the judgment and issue its order for
that amount.
(c) The court shall determine and include in its order:
(1) Interest upon the arrearages at a rate established
pursuant to NRS 99.040 , from the time
each amount became due; and
(2) A reasonable attorney’s fee for the proceeding,
Ê unless the court finds that the responsible parent would experience an
undue hardship if required to pay such amounts. Interest continues to
accrue on the amount ordered until it is paid, and additional attorney’s
fees must be allowed if required for collection.
(d) The court shall ensure that the social security number of the
responsible parent is:
(1) Provided to the Division of Welfare and Supportive
Services of the Department of Health and Human Services.
(2) Placed in the records relating to the matter and, except
as otherwise required to carry out a specific statute, maintained in a
confidential manner.
3. Subsection 2 does not apply to the enforcement of a judgment
for arrearages if the amount of the judgment has been determined by any
court.
(Added to NRS by 1987, 2250; A 1991, 1336; 1993, 2625; 1997, 2297,
2298; 1999, 2681 )
1. If a responsible parent is in arrears in the payment for the
support of a child pursuant to an order of a court of this State, the
order may be recorded in the manner prescribed in NRS 17.150 for the recording of a judgment lien in the
office of the county recorder of any county.
2. From the time of its recordation, the order becomes a lien upon
all real and personal property owned by the responsible parent in the
county in which the order is recorded at the time the order is recorded,
or which he acquires in that county after the order is recorded, until
the lien expires.
3. Except as otherwise provided in subsection 4, a person who
wishes to enforce a lien created pursuant to subsection 1 must, within 20
days after he records the order as a lien, send a notice by certified
mail, return receipt requested, to the responsible parent:
(a) Specifying the name of the court that issued the order and the
date of its issuance;
(b) Specifying the amount of arrearages under the order;
(c) Stating that the order will be enforced as a judgment lien; and
(d) Explaining that the responsible parent may, within 20 days
after the notice is sent, request a hearing before the court concerning
the amount of the arrearages.
4. A person who seeks to enforce a lien pursuant to this section
is not required to send the notice required pursuant to subsection 3 if
the amount of arrearages has been determined by a court of this State.
5. If the responsible parent does not request a hearing, or a
court of this State has determined the amount of the arrearages owed by
the responsible parent, the lien must be given the effect and priority of
a judgment lien.
6. A lien established pursuant to this section continues until the
arrearages are satisfied.
(Added to NRS by 1997, 2295)
1. A lien against the real or personal property of a responsible
parent arising in another state to enforce an order that is entitled to
recognition pursuant to chapter 130 of NRS
must be afforded full faith and credit in this State if the order and
forms prescribed by the Secretary of Health and Human Services pursuant
to 42 U.S.C. § 652(a)(11)(B) are recorded in the manner prescribed in NRS
125B.142 for a lien that arises in
this State.
2. Notwithstanding the provisions of NRS 21.075 , a person who wishes to enforce in this State
a lien recorded pursuant to subsection 1 is not required to provide
notice to the responsible parent and the responsible parent is not
entitled to a hearing before the lien is enforced in this State.
(Added to NRS by 1997, 2295; A 1997, 2349)
1. An order for the support of a child must, upon the filing of a
request for review by:
(a) The Division of Welfare and Supportive Services of the
Department of Health and Human Services, its designated representative or
the district attorney, if the Division of Welfare and Supportive Services
or the district attorney has jurisdiction in the case; or
(b) A parent or legal guardian of the child,
Ê be reviewed by the court at least every 3 years pursuant to this
section to determine whether the order should be modified or adjusted.
Each review conducted pursuant to this section must be in response to a
separate request.
2. If the court:
(a) Does not have jurisdiction to modify the order, the court may
forward the request to any court with appropriate jurisdiction.
(b) Has jurisdiction to modify the order and, taking into account
the best interests of the child, determines that modification or
adjustment of the order is appropriate, the court shall enter an order
modifying or adjusting the previous order for support in accordance with
the requirements of NRS 125B.070 and
125B.080 .
3. The court shall ensure that:
(a) Each person who is subject to an order for the support of a
child is notified, not less than once every 3 years, that he may request
a review of the order pursuant to this section; or
(b) An order for the support of a child includes notification that
each person who is subject to the order may request a review of the order
pursuant to this section.
4. An order for the support of a child may be reviewed at any time
on the basis of changed circumstances. For the purposes of this
subsection, a change of 20 percent or more in the gross monthly income of
a person who is subject to an order for the support of a child shall be
deemed to constitute changed circumstances requiring a review for
modification of the order for the support of a child.
5. As used in this section:
(a) “Gross monthly income” has the meaning ascribed to it in NRS
125B.070 .
(b) “Order for the support of a child” means such an order that was
issued or is being enforced by a court of this State.
(Added to NRS by 1989, 859; A 1991, 1337; 1993, 2626; 1997, 2299;
2003, 546 )
1. The district attorney of the county of residence of the child,
or of a parent, alleged parent or guardian who does not have physical
custody of the child, shall take such action as is necessary to establish
parentage of the child and locate and take legal action, including the
establishment or adjustment of an obligation of support, against a person
who has a duty to support the child when requested to do so by the
parent, alleged parent or guardian or a public agency which provides
assistance to the parent, alleged parent, guardian or child. If the court
for cause transfers the action to another county, the clerk of the
receiving court shall notify the district attorney of that county, and
that district attorney shall proceed to prosecute the cause of action and
take such further action as is necessary to establish parentage and to
establish or adjust the obligation of support and to enforce the payment
of support pursuant to this chapter or chapter 31A , 126 , 130 or 425 of NRS.
2. In a county where the district attorney has deputies to aid him
in the performance of his duties, the district attorney shall designate
himself or a particular deputy as responsible for performing the duties
imposed by subsection 1.
3. Except as otherwise provided in NRS 126.101 , the district attorney and his deputies do not
represent the parent, alleged parent, guardian or child in the
performance of their duties pursuant to this chapter and chapter 31A
, 126 , 130
or 425 of NRS, but are rendering a public service as representatives of the
State.
4. Officials of the Division of Welfare and Supportive Services of
the Department of Health and Human Services are entitled to access to the
information obtained by the district attorney if that information is
relevant to the performance of their duties. The district attorney or his
deputy shall inform each person who provides information pursuant to this
section concerning the limitations on the confidentiality between lawyer
and client under these circumstances.
5. Disclosures of criminal activity by a parent or child are not
confidential.
6. The district attorney shall inform each parent who applies for
his assistance in this regard that a procedure is available to collect
unpaid support from any refund owed to the parent who has a duty to
support the child because an excessive amount of money was withheld to
pay his federal income tax. The district attorney shall submit to the
Division of Welfare and Supportive Services all documents and information
it requires to pursue such a collection if:
(a) The applicant is not receiving public assistance.
(b) The district attorney has in his records:
(1) A copy of the order of support for a child and any
modifications of the order which specify their date of issuance and the
amount of the ordered support;
(2) A copy of a record of payments received or, if no such
record is available, an affidavit signed by the custodial parent
attesting to the amount of support owed; and
(3) The current address of the custodial parent.
(c) From the records in his possession, the district attorney has
reason to believe that the amount of unpaid support is not less than $500.
Ê Before submitting the documents and information to the Division of
Welfare and Supportive Services, the district attorney shall verify the
accuracy of the documents submitted relating to the amount claimed as
unpaid support and the name and social security number of the parent who
has a duty to support the child. If the district attorney has verified
this information previously, he need not reverify it before submitting it
to the Division of Welfare and Supportive Services.
7. The Division of Welfare and Supportive Services shall adopt
such regulations as are necessary to carry out the provisions of
subsection 6.
(Added to NRS by 1969, 589; A 1979, 1281; 1981, 1574; 1987, 2252;
1989, 670, 1642; 1995, 2415; 1999, 874 )
1. Each district attorney, and a designated representative of the
Division of Welfare and Supportive Services of the Department of Health
and Human Services who collects or disburses payments for the support of
a child, shall report to the Division of Welfare and Supportive Services
any information required by the Division of Welfare and Supportive
Services regarding support for children, including information concerning
the collection and disbursements of support and the establishment of
paternity.
2. The Administrator of the Division of Welfare and Supportive
Services shall adopt regulations prescribing the forms for, and the
arrangement of, the material to be submitted and the schedule for the
reporting of the required information.
(Added to NRS by 1987, 2253; A 1997, 2300)
1. The enforcing authority shall release information concerning a
responsible parent’s obligation or failure to pay support for a child to
an agency of the kind defined in 15 U.S.C. § 1681a(f), except that the
information may not be given to the agency until:
(a) Notice of the proposed disclosure has been sent to the
responsible parent and he has had 20 days to correct the information; and
(b) The agency has furnished evidence satisfactory to the enforcing
authority that the agency is of the kind defined in 15 U.S.C. § 1681a(f).
2. The Division of Welfare and Supportive Services of the
Department of Health and Human Services shall adopt regulations
concerning the disclosure of information pursuant to this section,
prescribing the content of the notice of the proposed disclosure and
establishing procedures for the responsible parent to correct any of the
information to be disclosed.
3. As used in this section, “enforcing authority” means the
Division of Welfare and Supportive Services of the Department of Health
and Human Services, its designated representative or the district
attorney.
(Added to NRS by 1985, 1428; A 1987, 2247; 1993, 540; 1997, 2300)
A criminal prosecution
brought in accordance with the provisions of NRS 201.015 to 201.080 ,
inclusive, is not a bar to, or barred by, civil proceedings to compel
support; but money paid toward the support of the child under the
provisions of NRS 201.015 to 201.080
, inclusive, must be allowed for and
credited in determining or enforcing any civil liability.
[31:87:1923; NCL § 3435]—(NRS A 1979, 1282)—(Substituted in
revision for NRS 126.391)
SECURITY FOR PAYMENT OF SUPPORT
As used in NRS 125B.200 to 125B.300 , inclusive, unless the context otherwise
requires:
1. “Court” includes a referee or master appointed by the court.
2. “Minor child” means a person who is:
(a) Under the age of 18 years;
(b) Under the age of 19 years, if he is enrolled in high school;
(c) Under a legal disability; or
(d) Not declared emancipated pursuant to NRS 129.080 to 129.140 ,
inclusive.
3. “Obligor-parent” means a parent who has been ordered by a court
to pay for the support of a minor child.
(Added to NRS by 1989, 855)
1. Except as otherwise provided in NRS 125B.230 , if, in any proceeding where the court has
ordered a parent to pay for the support of a minor child:
(a) A declaration is signed under penalty of perjury by the person
to whom support has been ordered to have been paid stating that the
obligor-parent is in arrears in payment in a sum equal to or greater than
the amount of 30 days of payments;
(b) Notice and opportunity for hearing on an application to the
court, an order to show cause, or a notice of motion has been given to
the obligor-parent; and
(c) The court makes a finding that good cause has been shown and
that there exists one or more of the conditions set forth in NRS 125B.240
,
Ê the court shall issue to the obligor-parent an order requiring him to
deposit assets to secure future payments of support with a trustee
designated by the court and to pay reasonable attorney’s fees and costs
to the person to whom support has been ordered. The court may designate
the district attorney, another county officer or any other person as
trustee.
2. Upon receipt of the assets, the trustee designated by the court
to receive the assets shall use the money or sell or otherwise generate
income from the deposited assets for an amount sufficient to pay the
arrearage, administrative costs, any amount currently due pursuant to an
order of the court for the care, support, education and maintenance of
the minor child, interest upon the arrearage, and attorney’s fees, if:
(a) The obligor-parent fails, within the time specified by the
court, to cure the default in the payment of the support of a child due
at the time the trustee receives the deposited assets, or fails to comply
with a plan for payment approved by the court;
(b) Further arrears in payments accrue after the trustee receives
the deposited assets, or the arrearage specified in the declaration is
not paid current within any 30-day period following the trustee’s receipt
of the assets;
(c) No fewer than 25 days before the sale or use of the assets,
written notice of the trustee’s intent to sell or use the assets is
served personally on the obligor-parent or is mailed to the
obligor-parent by certified mail, return receipt requested; and
(d) A motion or order to show cause has not been filed to stop the
use or sale, or if filed, has been denied by the court.
Ê The sale of assets must be conducted in accordance with the provisions
set forth in NRS 21.130 to 21.260
, inclusive, governing the sale of
property under execution.
3. To cover his administrative costs, the trustee may deduct from
the deposited money all actual costs incurred in a sale and 5 percent of
each payment made pursuant to subsection 2.
(Added to NRS by 1989, 855; A 1993, 2627)
1. Upon deposit of any asset pursuant to NRS 125B.210 which is not money or is not readily
convertible into money, the court may, not fewer than 25 days after
serving the obligor-parent with written notice and providing an
opportunity for hearing, order the sale of the asset and deposit the
proceeds of the sale with the trustee designated by the court to receive
the assets. The sale of assets must be conducted in accordance with the
provisions set forth in NRS 21.130 to
21.260 , inclusive, governing the sale
of property under execution.
2. When an asset ordered to be deposited is real property, the
order must be certified in accordance with NRS 17.150 and recorded with the county recorder. The
deposited real property and the rights, benefits and liabilities attached
to that property continue in the possession of the legal owner until it
becomes subject to a use or sale of assets pursuant to this section or
NRS 125B.210 . The legal owner may not
transfer, encumber, hypothecate, dispose of or realize profits from the
property unless approved by the court.
3. When an asset ordered to be deposited is personal property or
fixtures including goods, documents, instruments, general intangibles,
chattel paper or accounts, the trustee shall file a financing statement
in accordance with NRS 104.9501 ,
104.9502 and 104.9516 .
4. When an asset ordered to be deposited is a vehicle registered
with the Department of Motor Vehicles, the trustee shall deliver to the
Department the certificate of title of the vehicle in accordance with NRS
482.428 .
(Added to NRS by 1989, 856; A 1999, 391 ; 2001, 2564 ; 2003, 180 , 475 )
1. If raised by the obligor-parent, the court, in deciding a
motion for an order to deposit assets or a motion to stop a sale or the
use of assets, may consider any of the following factors, among other
legal or equitable defenses:
(a) The payments of support of the child were not in arrears at the
time the declaration was filed.
(b) The granting of the order or the denial of the motion would
have a serious adverse effect on the immediate family members of the
obligor-parent who reside with the obligor-parent which would outweigh
the effect on the other parent of the denial of the order or the granting
of the motion.
(c) The granting of the order or denial of the motion would
substantially impair the ability of the obligor-parent to generate income.
(d) Any other specified emergency condition which impairs the
ability of the obligor-parent to make the payment of support.
2. Where evidence is presented that the obligor-parent is in
arrears in the payment of support of a child, the obligor-parent must
dispute the presumption that nonpayment of support of the child was
willful, without good faith, and that the obligor-parent had the ability
to pay the support.
3. An obligor-parent may oppose the use of the money or the sale
of the assets pursuant to subsection 2 of NRS 125B.210 if he files a motion therefor within 15 days
after service of notice of the impending use or sale of the assets. The
clerk of the court shall set the motion for hearing not later than 20
days after service on the trustee and on the person to whom support has
been ordered to have been paid.
4. If the obligor-parent is found to be in arrears at the time the
declaration was filed, the court shall award reasonable attorney’s fees
and costs to the person to whom support has been ordered to have been
paid, even if the obligor-parent has cured the arrearage at the time of
the hearing.
(Added to NRS by 1989, 856)
The court shall not issue an order pursuant to NRS 125B.210
, unless it finds the existence of one
or more of the following conditions:
1. The obligor-parent is not receiving income which may be subject
to an assignment or withholding pursuant to chapter 31A of NRS or NRS 33.035 , and there is reason to believe that he has
income from some source which may be subject to an assignment.
2. An assignment or withholding of income pursuant to chapter 31A
of NRS or NRS 33.035 would not be sufficient to meet the obligation
of the support of a child for reasons other than a change of
circumstances which would qualify for a reduction in the amount of the
support ordered.
3. The history of employment of the obligor-parent makes an
assignment or withholding of income pursuant to chapter 31A of NRS or NRS 33.035 difficult to enforce or not a practical means
for securing the payment of the obligation of support. Such a history may
be evidenced by such conditions as multiple, concurrent or consecutive
employers.
(Added to NRS by 1989, 857; A 1997, 2301; 2003, 1756 )
1. In determining which assets of the obligor-parent are to be
subject to an order issued pursuant to NRS 125B.210 , the court shall give priority to cash, then
to other assets which have maximum liquidity and are readily convertible
into cash. In all instances, the deposited assets must:
(a) Not be exempt by law from execution; and
(b) Whenever possible, be equal in value to not less than the
amount of current arrearages of the obligor-parent and the amount of the
annual amount of support ordered.
2. In lieu of depositing money or other assets as provided in
subsection 1, the obligor-parent may, upon approval of the court, provide
a performance bond secured by any real property or other assets of the
obligor-parent and equal in value to the annual amount of support ordered
and the amount of current arrearages.
(Added to NRS by 1989, 857)
1. During the pendency of any proceeding pursuant to NRS 125B.210
, upon the motion of any party, the
court may, without a hearing, issue ex parte orders restraining any
person from transferring, encumbering, hypothecating, concealing, or in
any way disposing of any property, real or personal, whether community or
separate, except in the usual course of business or for such necessities
of life as are deemed not to be extraordinary expenditures.
2. If an ex parte order is directed against a party, the court
shall require him to account to the court for all extraordinary
expenditures.
3. The ex parte order must be made returnable not later than 25
days after the date of the order. At the hearing the court shall
determine for which property the obligor-parent is required to report
extraordinary expenditures and shall specify what is deemed an
extraordinary expenditure for the purposes of this section.
4. Any ex parte order must state on its face the date of
expiration of the order. The order expires 1 year after it is issued or
upon deposit of assets or money pursuant to NRS 125B.210 , whichever occurs first.
(Added to NRS by 1989, 858)
A trustee
designated by the court to be responsible for receiving any money or
property or for making any disbursements pursuant to NRS 125B.210 , is not liable for any action undertaken in
good faith and in conformance with NRS 125B.200 to 125B.300 , inclusive.
(Added to NRS by 1989, 858)
1. The trustee designated by the court to receive assets pursuant
to NRS 125B.210 shall return any
assets to the obligor-parent when:
(a) The obligor-parent has given the trustee notice to return
assets;
(b) All payments in arrears have been paid in full; and
(c) The obligor-parent has made, in a timely manner, all payments
of support ordered for the 12 months immediately preceding the date
notice was given to the trustee.
2. If the deposited assets include real property, upon the
satisfaction of the requirements of subsection 1, the trustee shall
prepare a release and record it in the office of the county recorder.
3. If the deposited assets include personal property or fixtures
including goods, documents, instruments, general intangibles, chattel
paper or accounts, the trustee shall, upon the satisfaction of the
requirements of subsection 1, prepare a termination statement and file it
in accordance with NRS 104.9513 .
4. If the deposited assets include a vehicle registered with the
Department of Motor Vehicles, the trustee shall, upon the satisfaction of
the requirements of subsection 1, deliver the certificate of title to the
obligor-parent in accordance with NRS 482.431 .
(Added to NRS by 1989, 858; A 1999, 392 ; 2001, 2565 ; 2003, 180 , 476 )
If
requested by an obligor-parent, the trustee designated by the court to
receive assets shall prepare a statement setting forth disbursements and
receipts made pursuant to NRS 125B.210 .
(Added to NRS by 1989, 858)
1. If the trustee designated by the court to receive assets
pursuant to NRS 125B.210 , incurs fees
or costs which are not compensated by the deduction authorized pursuant
to NRS 125B.210 , the court:
(a) Shall hold a hearing not later than 20 days after the
obligor-parent is served by the trustee with notice of a motion or order
to show cause; and
2. A fee or cost incurred:
(a) In any sale of assets pursuant to NRS 125B.210 ; or
(b) In the preparation of a statement pursuant to NRS 125B.290
,
Ê is recoverable as set forth in this section.
(Added to NRS by 1989, 858)
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