1. If a support-enforcement agency of this state receives a
request from a support-enforcement agency of another state to enforce a
support order, the support-enforcement agency of this state shall respond
to the request as required by 42 U.S.C. § 666. The request shall be
deemed to constitute a certification by the support-enforcement agency of
the other state:
(a) Of the amount of support under the order for which payment is
in arrears; and
(b) That the agency has complied with all requirements for
procedural due process applicable to the case.
2. A support-enforcement agency of this state may, by electronic
or other means, transmit to the appropriate agency of another state a
request for assistance in a case involving the enforcement of a support
order. The request must include:
(a) Such information as will enable the agency to which the request
is transmitted to compare information about the case to information
maintained in that state; and
(b) A certification by the support-enforcement agency of this state:
(1) Of the amount of support under the order for which
payment is in arrears; and
(2) That the agency has complied with all requirements for
procedural due process applicable to the case.
3. If a support-enforcement agency of this state provides
assistance to a support-enforcement agency of another state pursuant to
subsection 1, no support-enforcement agency of this state may, for the
purposes of Title IV of the Social Security Act (42 U.S.C. §§ 601 et
seq.), consider the case to be transferred to the caseload of this state.
4. A support-enforcement agency of this state shall maintain
records of:
(a) The number of requests received from a support-enforcement
agency of another state pursuant to subsection 1;
(b) The number of cases for which the support-enforcement agency of
this state collected support in response to such a request; and
(c) The amount of support collected in response to such a request.
(Added to NRS by 1997, 2328; A 1997, 2349)
1. If a tribunal of this state believes that an obligor may flee,
it may:
(a) As an initiating tribunal, request that the responding tribunal
obtain the body of the obligor by appropriate process; or
(b) As a responding tribunal, obtain the body of the obligor by
appropriate process.
2. Thereafter, the tribunal of this state may, by appropriate
process, release the obligor upon his own recognizance or upon his giving
a bond in an amount set to ensure his appearance at the hearing.
[17:44:1955]—(NRS A 1969, 603; 1997, 2330)
1. When the Attorney General is satisfied that reciprocal
provisions will be made by any foreign jurisdiction for the enforcement
therein of support orders made within this state, the Attorney General
may declare the foreign jurisdiction to be a state for the purpose of
this chapter. Any such declaration may be revoked by the Attorney General.
2. As used in this section, “foreign jurisdiction” means a foreign
sovereign nation or a political subdivision thereof.
(Added to NRS by 1973, 900; A 1975, 244; 1997, 2332)
Except as otherwise required by the provisions of
this chapter, a responding tribunal of this state:
1. Shall not stay a proceeding or refuse a hearing pursuant to
this chapter because of any pending or prior action or proceeding for
divorce, separation, annulment, dissolution, habeas corpus, adoption or
custody in this or any other state.
2. Shall hold a hearing pursuant to this chapter and may issue a
support order pendente lite and, in aid thereof, require the obligor to
give a bond for the prompt prosecution of the pending proceeding.
(Added to NRS by 1999, 170 )
INTERSTATE FAMILY SUPPORT (UNIFORM ACT)
Article 1—General Provisions
NRS 130.0902 to 130.802 ,
inclusive, may be cited as the Uniform Interstate Family Support Act.
(Added to NRS by 1997, 2311)
The
Uniform Interstate Family Support Act must be applied and construed to
effectuate its general purpose to make uniform the law with respect to
the subject of that Act among states enacting it.
(Added to NRS by 1997, 2311)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 130.10103
to 130.10191 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 2311)
“Child” means a natural person,
whether over or under the age of majority, who is or is alleged to be
owed a duty of support by his parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
(Added to NRS by 1997, 2311)
“Child-support
order” means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state.
(Added to NRS by 1997, 2311)
“Duty of support” means
an obligation imposed or imposable by law to provide support for a child,
spouse or former spouse, including an unsatisfied obligation to provide
support.
(Added to NRS by 1997, 2311)
“Employer” includes, but is not
limited to, any person or other entity required to withhold income
pursuant to NRS 31A.010 to 31A.190
, inclusive.
(Added to NRS by 1997, 2311)
“Home state” means the state
in which a child lived with a parent or a person acting as a parent for
at least 6 consecutive months immediately preceding the time of filing a
petition or comparable pleading for support and, if a child is less than
6 months old, the state in which the child lived from birth with a parent
or a person acting as a parent. A period of temporary absence of any of
those persons is counted as part of the 6-month or other period.
(Added to NRS by 1997, 2311)
“Income” includes earnings or
other periodic entitlements to money from any source and any other
property subject to withholding for support under the law of this state.
(Added to NRS by 1997, 2311)
“Income-withholding order” means an order or other legal process
directed to an employer of an obligor to withhold support from the income
of the obligor.
(Added to NRS by 1997, 2311)
“Initiating state”
means a state from which a proceeding is forwarded or in which a
proceeding is filed for forwarding to a responding state under the
Uniform Interstate Family Support Act or a law or procedure substantially
similar to that Act, the Uniform Reciprocal Enforcement of Support Act or
the Revised Uniform Reciprocal Enforcement of Support Act.
(Added to NRS by 1997, 2311)
“Initiating
tribunal” means an authorized tribunal in an initiating state.
(Added to NRS by 1997, 2312)
“Issuing state” means a
state in which a tribunal issues a support order or renders a judgment
determining parentage.
(Added to NRS by 1997, 2312)
“Issuing tribunal”
means a tribunal that issues a support order or renders a judgment
determining parentage.
(Added to NRS by 1997, 2312)
“Law” includes decisional and
statutory law and rules and regulations having the force of law.
(Added to NRS by 1997, 2312)
“Obligee” means:
1. A natural person to whom a duty of support is or is alleged to
be owed or in whose favor a support order has been issued or a judgment
determining parentage has been rendered;
2. A state or political subdivision to which the rights under a
duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an
individual obligee; or
3. A natural person seeking a judgment determining parentage of
his child.
(Added to NRS by 1997, 2312)
“Obligor” means a natural
person, or the estate of a decedent, who:
1. Owes or is alleged to owe a duty of support;
2. Is alleged but has not been adjudicated to be a parent of a
child; or
3. Is liable under a support order.
(Added to NRS by 1997, 2312)
“Register” means to file a
support order or judgment determining parentage with the clerk of a
district court of this state.
(Added to NRS by 1997, 2312)
“Registering
tribunal” means a tribunal in which a support order is registered.
(Added to NRS by 1997, 2312)
“Responding state”
means a state in which a proceeding is filed or to which a proceeding is
forwarded for filing from an initiating state under the Uniform
Interstate Family Support Act or a law or procedure substantially similar
to that Act, the Uniform Reciprocal Enforcement of Support Act or the
Revised Uniform Reciprocal Enforcement of Support Act.
(Added to NRS by 1997, 2312)
“Responding
tribunal” means an authorized tribunal in a responding state.
(Added to NRS by 1997, 2312)
“Spousal-support
order” means a support order for a spouse or former spouse of an obligor.
(Added to NRS by 1997, 2312)
“State” means a state of the
United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
1. An Indian tribe; and
2. A foreign jurisdiction that:
(a) Has enacted a law or established procedures for the issuance
and enforcement of support orders which are substantially similar to the
procedures established under the Uniform Interstate Family Support Act,
the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform
Reciprocal Enforcement of Support Act;
(b) Is declared to be a foreign reciprocating country pursuant to
42 U.S.C. § 659a; or
(c) Is declared to be a state pursuant to NRS 130.035 .
(Added to NRS by 1997, 2312)
“Support-enforcement agency” means a public official or agency
authorized to:
1. Seek the enforcement of support orders or laws relating to the
duty of support;
2. Seek the establishment or modification of child support;
3. Seek a determination of parentage; or
4. Locate obligors or their assets.
(Added to NRS by 1997, 2313)
“Support order” means a
judgment, decree or order, whether temporary, final or subject to
modification, for the benefit of a child, spouse or former spouse, which
provides for monetary support, health care, arrearages or reimbursement
and may include related costs and fees, interest, the withholding of
income, attorney’s fees and other relief.
(Added to NRS by 1997, 2313)
“Tribunal” means a court,
administrative agency or quasi-judicial entity authorized to establish,
enforce or modify support orders or to determine parentage.
(Added to NRS by 1997, 2313)
The district court and, within the
limitations of authority granted pursuant to NRS 3.405 , 125.005 or
425.381 to 425.3852 , inclusive, a master or referee appointed pursuant to any of
those sections, are the tribunals of this state.
(Added to NRS by 1997, 2313)
Remedies provided by this
chapter are cumulative and do not affect the availability of remedies
under other law.
(Added to NRS by 1997, 2313)
Article 2—Jurisdiction
Extended Personal Jurisdiction
In a
proceeding to establish, enforce or modify a support order or to
determine parentage, a tribunal of this state may exercise personal
jurisdiction over a nonresident if:
1. He is personally served with a summons or other notice of the
proceeding within this state;
2. He submits to the jurisdiction of this state by consent, by
entering a general appearance or by filing a responsive document having
the effect of waiving any contest to personal jurisdiction;
3. He resided with the child in this state;
4. He resided in this state and provided prenatal expenses or
support for the child;
5. The child resides in this state as a result of the acts or
directives of the nonresident;
6. He engaged in sexual intercourse in this state, and the child
may have been conceived by that act of intercourse; or
7. There is any other basis consistent with the Constitution of
this state and the Constitution of the United States for the exercise of
personal jurisdiction.
(Added to NRS by 1997, 2313)
A tribunal of this state exercising personal jurisdiction
over a nonresident under NRS 130.201
may apply NRS 130.316 to receive
evidence from another state and NRS 130.318 to obtain discovery through a tribunal of
another state. In all other respects, NRS 130.301 to 130.701 ,
inclusive, do not apply and the tribunal shall apply the procedural and
substantive law of this state, including the rules on choice of law other
than those established by this chapter.
(Added to NRS by 1997, 2313)
Proceedings Involving Two or More States
Under
this chapter, a tribunal of this state may serve as an initiating
tribunal to forward proceedings to another state and as a responding
tribunal for proceedings initiated in another state.
(Added to NRS by 1997, 2314)
1. A tribunal of this state may exercise jurisdiction to establish
a support order if the petition or comparable pleading is filed after a
petition or comparable pleading is filed in another state only if:
(a) The petition or comparable pleading in this state is filed
before the expiration of the time allowed in the other state for filing a
responsive pleading challenging the exercise of jurisdiction by the other
state;
(b) The contesting party challenges the exercise of jurisdiction in
the other state in a timely manner; and
(c) If relevant, this state is the home state of the child.
2. A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is filed
before a petition or comparable pleading is filed in another state if:
(a) The petition or comparable pleading in the other state is filed
before the expiration of the time allowed in this state for filing a
responsive pleading challenging the exercise of jurisdiction by this
state;
(b) The contesting party challenges the exercise of jurisdiction in
this state in a timely manner; and
(c) If relevant, the other state is the home state of the child.
(Added to NRS by 1997, 2314)
1. A tribunal of this state issuing a support order consistent
with the law of this state has continuing and exclusive jurisdiction over
a child-support order:
(a) As long as this state remains the residence of the obligor, the
individual obligee or the child for whose benefit the support order is
issued; or
(b) Until all of the parties who are natural persons have filed
written consents with the tribunal of this state for a tribunal of
another state to modify the order and assume continuing and exclusive
jurisdiction.
2. A tribunal of this state issuing a child-support order
consistent with the law of this state may not exercise its continuing
jurisdiction to modify the order if the order has been modified by a
tribunal of another state pursuant to the Uniform Interstate Family
Support Act or a law substantially similar to that Act.
3. If a child-support order of this state is modified by a
tribunal of another state pursuant to the Uniform Interstate Family
Support Act or a law substantially similar to that Act, a tribunal of
this state loses its continuing and exclusive jurisdiction with regard to
prospective enforcement of the order issued in this state and may only:
(a) Enforce the order that was modified as to amounts accruing
before the modification;
(b) Enforce aspects of that order that may not be modified; and
(c) Provide other appropriate relief for violations of that order
which occurred before the effective date of the modification.
4. A tribunal of this state shall recognize the continuing and
exclusive jurisdiction of a tribunal of another state that has issued a
child-support order pursuant to the Uniform Interstate Family Support Act
or a law substantially similar to that Act.
5. A temporary support order issued ex parte or pending resolution
of a jurisdictional conflict does not create continuing and exclusive
jurisdiction in the issuing tribunal.
6. A tribunal of this state issuing a support order consistent
with the law of this state has continuing and exclusive jurisdiction over
a spousal-support order throughout the existence of the support
obligation. A tribunal of this state may not modify a spousal-support
order issued by a tribunal of another state having continuing and
exclusive jurisdiction over that order under the law of that state.
(Added to NRS by 1997, 2314)
1. A tribunal of this state may serve as an initiating tribunal to
request a tribunal of another state to enforce or modify a support order
issued in that state.
2. A tribunal of this state having continuing and exclusive
jurisdiction over a support order may act as a responding tribunal to
enforce or modify the order. If a party subject to the continuing and
exclusive jurisdiction of the tribunal no longer resides in the issuing
state, in subsequent proceedings the tribunal may apply NRS 130.316
to receive evidence from another state
and NRS 130.318 to obtain discovery
through a tribunal of another state.
3. A tribunal of this state which lacks continuing and exclusive
jurisdiction over a spousal-support order may not serve as a responding
tribunal to modify a spousal-support order of another state.
(Added to NRS by 1997, 2315)
Reconciliation of Multiple Orders
1. If a proceeding is brought under this chapter and only one
tribunal has issued a child-support order, the order of that tribunal
controls and must be so recognized.
2. If a proceeding is brought under this chapter and two or more
child-support orders have been issued by tribunals of this state or
another state with regard to the same obligor and child, a tribunal of
this state shall apply the following rules in determining which order to
recognize for purposes of continuing and exclusive jurisdiction:
(a) If only one of the tribunals would have continuing and
exclusive jurisdiction under this chapter, the order of that tribunal
controls and must be so recognized.
(b) If more than one of the tribunals would have continuing and
exclusive jurisdiction under this chapter, an order issued by a tribunal
in the current home state of the child controls and must be so
recognized, but if an order has not been issued in the current home state
of the child, the order most recently issued controls and must be so
recognized.
(c) If none of the tribunals would have continuing and exclusive
jurisdiction under this chapter, the tribunal of this state having
jurisdiction over the parties shall issue a child-support order which
controls and must be so recognized.
3. If two or more child-support orders have been issued for the
same obligor and child and if the obligor or the individual obligee
resides in this state, a party may request a tribunal of this state to
determine which order controls and must be so recognized under subsection
2. The request must be accompanied by a certified copy of every support
order in effect. The requesting party shall give notice of the request to
each party whose rights may be affected by the determination.
4. The tribunal that issued the controlling order under subsection
1, 2 or 3 is the tribunal that has continuing and exclusive jurisdiction
under NRS 130.205 .
5. A tribunal of this state which determines by order the identity
of the controlling order under paragraph (a) or (b) of subsection 2 or
which issues a new controlling order under paragraph (c) of subsection 2
shall state in that order the basis upon which the tribunal made its
determination.
6. Within 90 days after issuance of an order determining the
identity of the controlling order, the party obtaining the order shall
file a certified copy of it with each tribunal that issued or registered
an earlier order of child support. A party who obtains the order and
fails to file a certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure to
file does not affect the validity or enforceability of the controlling
order.
(Added to NRS by 1997, 2315)
In responding to multiple registrations or petitions for the
enforcement of two or more child-support orders in effect at the same
time with regard to the same obligor and different individual obligees,
at least one of which was issued by a tribunal of another state, a
tribunal of this state shall enforce those orders in the same manner as
if the multiple orders had been issued by a tribunal of this state.
(Added to NRS by 1997, 2316)
Amounts collected and credited
for a particular period pursuant to a support order issued by a tribunal
of another state must be credited against the amounts accruing or accrued
for the same period under a support order issued by a tribunal of this
state.
(Added to NRS by 1997, 2316)
Article 3—Civil Provisions of General Application
1. Except as otherwise provided in this chapter, NRS 130.301
to 130.319 , inclusive, apply to all proceedings under the
Uniform Interstate Family Support Act.
2. The Uniform Interstate Family Support Act provides for the
following proceedings:
(a) The establishment of an order for spousal support or child
support pursuant to NRS 130.401 ;
(b) The enforcement of a support order and income-withholding order
of another state without registration pursuant to NRS 130.501 to 130.507 ,
inclusive;
(c) The registration of an order for spousal support or child
support of another state for enforcement pursuant to NRS 130.601 to 130.614 ,
inclusive;
(d) The modification of an order for child support or spousal
support issued by a tribunal of this state pursuant to NRS 130.203 to 130.206 ,
inclusive;
(e) The registration of an order for child support of another state
for modification pursuant to NRS 130.601 6o 130.614, inclusive;
(f) The determination of parentage pursuant to NRS 130.701 ; and
(g) The assertion of jurisdiction over nonresidents pursuant to NRS
130.201 and 130.202 .
3. An individual petitioner or a support-enforcement agency may
commence a proceeding authorized under this chapter by filing a petition
in an initiating tribunal for forwarding to a responding tribunal or by
filing a petition or a comparable pleading directly in a tribunal of
another state which has or can obtain personal jurisdiction over the
respondent.
(Added to NRS by 1997, 2316)
A minor parent, or a guardian
or other legal representative of a minor parent, may maintain a
proceeding on behalf of or for the benefit of the minor’s child.
(Added to NRS by 1997, 2317)
Except as otherwise
provided in this chapter, a responding tribunal of this state:
1. Shall apply the procedural and substantive law, including the
rules on choice of law, generally applicable to similar proceedings
originating in this state and may exercise all powers and provide all
remedies available in those proceedings; and
2. Shall determine the duty of support and the amount payable in
accordance with the law of this state.
(Added to NRS by 1997, 2317)
1. Upon the filing of a petition authorized by this chapter, an
initiating tribunal of this state shall forward three copies of the
petition and its accompanying documents:
(a) To the responding tribunal or appropriate support-enforcement
agency in the responding state; or
(b) If the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that they
be forwarded to the appropriate tribunal and that receipt be acknowledged.
2. If a responding state has not enacted the Uniform Interstate
Family Support Act or a law or procedure substantially similar to that
Act, a tribunal of this state may issue a certificate or other document
and make findings required by the law of the responding state. If the
responding state is a foreign jurisdiction, the tribunal may specify the
amount of support sought and provide other documents necessary to satisfy
the requirements of the responding state.
(Added to NRS by 1997, 2317)
1. When a responding tribunal of this state receives a petition or
comparable pleading from an initiating tribunal or directly pursuant to
subsection 3 of NRS 130.301 , it shall
cause the petition or pleading to be filed and notify the petitioner
where and when it was filed.
2. A responding tribunal of this state, to the extent otherwise
authorized by law, may do one or more of the following:
(a) Issue or enforce a support order, modify a child-support order
or render a judgment to determine parentage;
(b) Order an obligor to comply with a support order, specifying the
amount and the manner of compliance;
(c) Order the withholding of income;
(d) Determine the amount of any arrearages and specify a method of
payment;
(e) Enforce orders by civil or criminal contempt, or both;
(f) Set aside property for satisfaction of the support order;
(g) Place liens and order execution on the obligor’s property;
(h) Order an obligor to keep the tribunal informed of his current
residential address, telephone number, employer, address of employment
and telephone number at the place of employment;
(i) Issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and enter
the bench warrant in any local and state computer systems for criminal
warrants;
(j) Order the obligor to seek appropriate employment by specified
methods;
(k) Award reasonable attorney’s fees and other fees and costs; and
(l) Grant any other available remedy.
3. A responding tribunal of this state shall include in a support
order issued under this chapter, or in the documents accompanying the
order, the calculations on which the support order is based.
4. A responding tribunal of this state may not condition the
payment of a support order issued under this chapter upon compliance by a
party with provisions for visitation.
5. If a responding tribunal of this state issues an order under
this chapter, the tribunal shall send a copy of the order to the
petitioner and the respondent and to the initiating tribunal, if any.
(Added to NRS by 1997, 2317)
If a petition or comparable
pleading is received by an inappropriate tribunal of this state, it shall
forward the pleading and accompanying documents to an appropriate
tribunal in this state or another state and notify the petitioner where
and when the pleading was sent.
(Added to NRS by 1997, 2318)
1. A support-enforcement agency of this state, upon request, shall
provide services to a petitioner in a proceeding under this chapter.
2. A support-enforcement agency that is providing services to the
petitioner as appropriate shall:
(a) Take all steps necessary to enable an appropriate tribunal in
this state or another state to obtain jurisdiction over the respondent;
(b) Request an appropriate tribunal to set a date, time and place
for a hearing;
(c) Make a reasonable effort to obtain all relevant information,
including information as to the income and property of the parties;
(d) Within 5 days, exclusive of Saturdays, Sundays and legal
holidays, after receipt of a written notice from an initiating,
responding or registering tribunal, send a copy of the notice to the
petitioner;
(e) Within 5 days, exclusive of Saturdays, Sundays and legal
holidays, after receipt of a written communication from the respondent or
his attorney, send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent
cannot be obtained.
3. This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a
support-enforcement agency or the attorney for the agency and the natural
person being assisted by the agency.
(Added to NRS by 1997, 2318)
If the Attorney General
determines that the support-enforcement agency is neglecting or refusing
to provide services to a natural person, the Attorney General may order
the agency to perform its duties under this chapter or may provide those
services directly to the person.
(Added to NRS by 1997, 2318)
A natural person may employ private
counsel to represent him in proceedings authorized by this chapter.
(Added to NRS by 1997, 2319)
1. The central unit established pursuant to NRS 425.400 is the State Information Agency under this chapter.
2. The State Information Agency shall:
(a) Compile and maintain a current list, including addresses, of
the tribunals in this state which have jurisdiction under this chapter
and any support-enforcement agencies in this state and transmit a copy to
the state information agency of every other state;
(b) Maintain a register of tribunals and support-enforcement
agencies received from other states;
(c) Forward to the appropriate tribunal in the place in this state
in which an individual obligee or obligor resides, or in which an
obligor’s property is believed to be located, all documents concerning a
proceeding under this chapter received from an initiating tribunal or the
state information agency of the initiating state; and
(d) Obtain information concerning the location of an obligor and
the obligor’s property within this state that is not exempt from
execution, by such means as postal verification and federal or state
locator services, examination of telephone directories, requests for the
obligor’s address from employers and examination of governmental records,
including, to the extent not prohibited by other law, records relating to
real property, vital statistics, law enforcement, taxation, motor
vehicles, driver’s licenses and social security.
(Added to NRS by 1997, 2319)
1. A petitioner seeking to establish or modify a support order or
to determine parentage in a proceeding under this chapter must verify the
petition. Unless otherwise ordered pursuant to NRS 130.312 , the petition or accompanying documents must
provide, so far as known, the name, residential address and social
security number of the obligor and the obligee, and the name, sex,
residential address, social security number and date of birth of each
child for whom support is sought. The petition must be accompanied by a
certified copy of any support order in effect. The petition may include
any other information that may assist in locating or identifying the
respondent.
2. The petition must specify the relief sought. The petition and
accompanying documents must conform substantially with the requirements
imposed by the forms mandated by federal law for use in cases filed by a
support-enforcement agency.
(Added to NRS by 1997, 2319)
Upon a finding, which may be made ex parte, that the
health, safety or liberty of a party or child would be unreasonably put
at risk by the disclosure of identifying information, or if an existing
order so provides, a tribunal shall order that the address of the child
or party or other identifying information not be disclosed in a pleading
or other document filed in a proceeding under this chapter.
(Added to NRS by 1997, 2319)
1. Except as otherwise required pursuant to Section 16 of Article
6 of the Nevada Constitution, a petitioner must not be required to pay a
filing fee or other costs.
2. If an obligee prevails, a responding tribunal may assess
against an obligor filing fees, reasonable attorney’s fees and other
costs, expenses for necessary travel and other reasonable expenses
incurred by the obligee and the witnesses of the obligee. The tribunal
may not assess fees, costs or expenses against the obligee or the
support-enforcement agency of either the initiating or the responding
state, except as otherwise provided by other law. Attorney’s fees may be
taxed as costs and may be ordered to be paid directly to the attorney,
who may enforce the order in his own name. Payment of support owed to the
obligee has priority over fees, costs and expenses.
3. The tribunal shall order the payment of costs and reasonable
attorney’s fees if it determines that a hearing was requested primarily
for delay. In a proceeding pursuant to NRS 130.601 to 130.614 ,
inclusive, a hearing is presumed to have been requested primarily for
delay if a registered support order is confirmed or enforced without
change. This presumption is subject to rebuttal.
4. All attorney’s fees and other costs and expenses awarded to and
collected by a district attorney pursuant to this section must be
deposited in the general fund of the county and an equivalent amount must
be allocated to augment the county’s program for the enforcement of
support obligations.
(Added to NRS by 1997, 2319)
1. Participation by a petitioner in a proceeding before a
responding tribunal, whether in person, by private attorney or through
services provided by the support-enforcement agency, does not confer
personal jurisdiction over the petitioner in another proceeding.
2. A petitioner is not amenable to service of civil process while
physically present in this state to participate in a proceeding under
this chapter.
3. The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under this chapter
committed by a party while present in this state to participate in the
proceeding.
(Added to NRS by 1997, 2320)
A party whose parentage of a
child has been previously determined by or pursuant to law may not plead
nonparentage as a defense to a proceeding under this chapter.
(Added to NRS by 1997, 2320)
1. The physical presence of a petitioner in a responding tribunal
of this state is not required for the establishment, enforcement or
modification of a support order or the rendition of a judgment
determining parentage.
2. A verified petition, an affidavit, a document substantially
complying with federally mandated forms and a document incorporated by
reference in any of them, not excluded under NRS 51.065 if given in person, is admissible in evidence
if given under oath by a party or witness residing in another state.
3. A copy of the record of child-support payments certified as a
true copy of the original by the custodian of the record may be forwarded
to a responding tribunal. The copy is evidence of facts asserted therein
and is admissible to show whether payments were made.
4. Copies of bills for testing for parentage, and for prenatal and
postnatal health care of the mother and child, furnished to the adverse
party at least 20 days before trial are admissible in evidence to prove
the amount of the charges billed and that the charges were reasonable,
necessary and customary.
5. Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier or other means that do
not provide an original writing may not be excluded from evidence on an
objection based on the means of transmission.
6. In a proceeding under this chapter, a tribunal of this state
may permit a party or witness residing in another state to be deposed or
to testify by telephone, audiovisual means or other electronic means at a
designated tribunal or other location in that state. A tribunal of this
state shall cooperate with tribunals of other states in designating an
appropriate location for the deposition or testimony.
7. In a civil proceeding under this chapter, if a party called to
testify refuses to answer a question on the ground that the testimony may
be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.
8. A privilege against the disclosure of communications between
husband and wife does not apply in a proceeding under this chapter.
9. The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under this
chapter.
(Added to NRS by 1997, 2320)
A tribunal of this
state may communicate with a tribunal of another state in writing, or by
telephone or other means, to obtain information concerning the laws of
that state, the legal effect of a judgment, decree or order of that
tribunal, and the status of a proceeding in the other state. A tribunal
of this state may furnish similar information by similar means to a
tribunal of another state.
(Added to NRS by 1997, 2321)
A tribunal of this state
may:
1. Request a tribunal of another state to assist in obtaining
discovery; and
2. Upon request, compel a person over whom it has jurisdiction to
respond to a discovery order issued by a tribunal of another state.
(Added to NRS by 1997, 2321)
A
support-enforcement agency or tribunal of this state shall disburse
promptly any amounts received pursuant to a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting party or
tribunal of another state a certified statement by the custodian of the
record of the amounts and dates of all payments received.
(Added to NRS by 1997, 2321)
Article 4—Establishment of Support Order
1. If a support order entitled to recognition under this chapter
has not been issued, a responding tribunal of this state may issue a
support order if:
(a) The natural person seeking the order resides in another state;
or
(b) The support-enforcement agency seeking the order is located in
another state.
2. The tribunal may issue a temporary child-support order if:
(a) The respondent has signed a verified statement acknowledging
parentage;
(b) The respondent has been determined by or pursuant to law to be
the parent; or
(c) There is other clear and convincing evidence that the
respondent is the parent of the child.
3. Upon finding, after notice and opportunity to be heard, that an
obligor owes a duty of support, the tribunal shall issue a support order
directed to the obligor and may issue other orders pursuant to NRS
130.305 .
(Added to NRS by 1997, 2321)
Article 5—Enforcement of Order of Another State Without Registration
An income-withholding order issued in another state may
be sent to an employer of an obligor in this state without first filing a
petition or comparable pleading or registering the order with a tribunal
of this state.
(Added to NRS by 1997, 2322)
1. Upon receipt of an income-withholding order, an employer of an
obligor shall immediately provide a copy of the order to the obligor.
2. The employer shall treat an income-withholding order issued in
another state that appears regular on its face as if it had been issued
by a tribunal of this state.
3. Except as otherwise provided in subsection 4 and NRS 130.503
, the employer shall withhold and
distribute the money as directed in the withholding order by complying
with terms of the order which specify:
(a) The duration and amount of periodic payments of current child
support, stated as a sum certain;
(b) The person or agency designated to receive payments and the
address to which the payments are to be forwarded;
(c) Requirements for medical support, whether in the form of
periodic cash payment, stated as a sum certain, or ordering the obligor
to provide health insurance coverage for the child under a policy
available through the obligor’s employment;
(d) The amount of periodic payments of fees and costs for a
support-enforcement agency, the issuing tribunal and the obligee’s
attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.
4. An employer shall comply with the law of the state of the
obligor’s principal place of employment for withholding from income with
respect to:
(a) The employer’s fee for processing an income-withholding order;
(b) The maximum amount permitted to be withheld from the obligor’s
income;
(c) The times within which the employer must implement the
withholding order and forward the child-support payment; and
(d) Any terms or conditions of withholding not specified in the
withholding order.
(Added to NRS by 1997, 2322)
If an employer of an obligor receives multiple
income-withholding orders with respect to the earnings of the same
obligor, the employer satisfies the terms of the multiple orders if the
employer complies with the law of the state of the obligor’s principal
place of employment to establish the priorities for withholding and
allocating income withheld for multiple child-support obligees.
(Added to NRS by 1997, 2322)
An employer who
complies with an income-withholding order issued in another state in
accordance with NRS 130.501 to 130.507
, inclusive, is not subject to civil
liability to a natural person or agency with regard to the withholding of
child support by the employer from the income of the obligor.
(Added to NRS by 1997, 2323)
An employer who
willfully fails to comply with an income-withholding order issued by
another state and received for enforcement is subject to the same
penalties that may be imposed for noncompliance with an order issued by a
tribunal of this state.
(Added to NRS by 1997, 2323)
1. An obligor may contest the validity or enforcement of an
income-withholding order issued in another state and received directly by
an employer in this state by requesting, within 15 days after he receives
a copy of the order pursuant to NRS 130.502 , a tribunal of this state to conduct a hearing
for that purpose.
2. The obligor shall give notice of the contest to:
(a) A support-enforcement agency providing services to the obligee;
(b) Each employer that has directly received an income-withholding
order; and
(c) The person or agency designated to receive payments in the
income-withholding order, or if no person or agency is designated, to the
obligee.
3. The obligor has the burden of proving one or more of the
following defenses:
(a) The tribunal that issued the order lacked personal jurisdiction
over the obligor;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, stayed or modified by a
later order; or
(d) There is a mistake of fact as to the amount of the order or the
identity of the obligor.
4. The provisions of NRS 130.604
apply to the contest. If the tribunal determines:
(a) Any of the defenses presented pursuant to subsection 3 in favor
of the obligor, it shall issue an order to stay the withholding.
(b) None of the defenses presented pursuant to subsection 3 in
favor of the obligor, it shall order the employer to proceed with the
withholding, and may assess costs and attorney’s fees against the obligor.
5. The tribunal shall provide the parties and employer with notice
of its decision within 45 days after the obligor received a copy of the
order pursuant to NRS 130.502 .
(Added to NRS by 1997, 2323)
1. A party seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of another state
may send the documents required for registering the order to a
support-enforcement agency of this state.
2. Upon receipt of the documents, the support-enforcement agency,
without initially seeking to register the order, shall consider and, if
appropriate, use any administrative procedure authorized by the law of
this state to enforce a support order or an income-withholding order, or
both. If the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support-enforcement agency
shall register the order pursuant to this chapter.
(Added to NRS by 1997, 2323)
Article 6—Enforcement and Modification of Support Order After Registration
Registration and Enforcement of Support Order
A support
order or an income-withholding order issued by a tribunal of another
state may be registered in this state for enforcement.
(Added to NRS by 1997, 2324)
1. A support order or income-withholding order of another state
may be registered in this state by sending the following documents and
information to the State Information Agency in this state:
(a) A letter of transmittal requesting registration and enforcement;
(b) Two copies, including one certified copy, of all orders to be
registered, including any modification of an order;
(c) A sworn statement by the party seeking registration or a
certified statement by the custodian of the records showing the amount of
any arrearage;
(d) The name of the obligor and, if known:
(1) The address and social security number of the obligor;
(2) The name and address of the employer of the obligor and
any other source of income of the obligor; and
(3) A description and the location of property of the
obligor in this state that is not exempt from execution; and
(e) The name and address of the obligee and, if applicable, the
agency or person to whom support payments are to be remitted.
2. On receipt of a request for registration, the State Information
Agency shall cause the order to be filed with the registering tribunal as
a foreign judgment, together with one copy of the documents and
information, regardless of their form.
3. A petition or comparable pleading seeking a remedy that must be
affirmatively sought under other law of this state may be filed at the
same time as the request for registration or later. The pleading must
specify the grounds for the remedy sought.
(Added to NRS by 1997, 2324)
1. A support order or income-withholding order issued in another
state is registered when the order is filed in the registering tribunal
of this state.
2. A registered order issued in another state is enforceable in
the same manner and is subject to the same procedures as an order issued
by a tribunal of this state.
3. Except as otherwise provided in NRS 130.601 to 130.614 ,
inclusive, a tribunal of this state shall recognize and enforce, but may
not modify, a registered order if the issuing tribunal had jurisdiction.
(Added to NRS by 1997, 2324)
1. The law of the issuing state governs the nature, extent, amount
and duration of current payments and other obligations of support and the
payment of arrearages under the order.
2. In a proceeding for arrearages, the statute of limitation under
the law of this state or of the issuing state, whichever is longer,
applies.
(Added to NRS by 1997, 2324)
Contest of Validity or Enforcement
1. When a support order or income-withholding order issued in
another state is registered, the registering tribunal shall notify the
nonregistering party and a support-enforcement agency of this state. The
notice must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
2. The notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of this
state;
(b) That a hearing to contest the validity or enforcement of the
registered order must be requested within 20 days after the notice;
(c) That failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of the
order and enforcement of the order and the alleged arrearages and
precludes further contest of that order with respect to any matter that
could have been asserted; and
(d) Of the amount of any alleged arrearages.
3. Upon registration of an income-withholding order for
enforcement, the registering tribunal shall cause appropriate notice of
the order to be provided to the employer of the obligor in accordance
with chapter 31A of NRS.
(Added to NRS by 1997, 2324)
1. A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request a hearing
within 20 days after notice of the registration. The nonregistering party
may seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered order, or to contest the
remedies being sought or the amount of any alleged arrearages pursuant to
NRS 130.607 .
2. If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.
3. If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered order, the registering tribunal
shall schedule the matter for hearing and give notice to the parties of
the date, time and place of the hearing.
(Added to NRS by 1997, 2325)
1. A party contesting the validity or enforcement of a registered
order or seeking to vacate the registration has the burden of proving one
or more of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over the
contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended or modified by a later
order;
(d) The issuing tribunal has stayed the order pending appeal;
(e) There is a defense under the law of this state to the remedy
sought;
(f) Full or partial payment has been made; or
(g) The statute of limitation applicable pursuant to NRS 130.604
precludes enforcement of some or all of
the arrearages.
2. If a party presents evidence establishing a full or partial
defense under subsection 1, a tribunal may stay enforcement of the
registered order, continue the proceeding to permit production of
additional relevant evidence and issue other appropriate orders. An
uncontested portion of the registered order may be enforced by all
remedies available under the law of this state.
3. If the contesting party does not establish a defense under
subsection 1 to the validity or enforcement of the order, the registering
tribunal shall issue an order confirming the order.
(Added to NRS by 1997, 2325)
Confirmation of a registered order,
whether by operation of law or after notice and hearing, precludes
further contest of the order with respect to any matter that could have
been asserted at the time of registration.
(Added to NRS by 1997, 2326)
Registration and Modification of Child-Support Order
A party or support-enforcement agency seeking to
modify, or to modify and enforce, a child-support order issued in another
state shall register that order in this state in the same manner provided
in NRS 130.601 to 130.604 , inclusive, if the order has not been
registered. A petition for modification may be filed at the same time as
a request for registration or later. The pleading must specify the
grounds for modification.
(Added to NRS by 1997, 2326)
A tribunal
of this state may enforce a child-support order of another state
registered for purposes of modification, in the same manner as if the
order had been issued by a tribunal of this state, but the registered
order may be modified only if the requirements of NRS 130.611 have been met.
(Added to NRS by 1997, 2326)
1. After a child-support order issued in another state has been
registered in this state, the responding tribunal of this state may
modify that order only if NRS 130.613
does not apply and after notice and hearing it finds that:
(a) The following requirements are met:
(1) The child, the individual obligee and the obligor do not
reside in the issuing state;
(2) A petitioner who is a nonresident of this state seeks
modification; and
(3) The respondent is subject to the personal jurisdiction
of the tribunal of this state; or
(b) The child, or a party who is a natural person, is subject to
the personal jurisdiction of the tribunal of this state and all of the
parties who are natural persons have filed written consents in the
issuing tribunal for a tribunal of this state to modify the support order
and assume continuing and exclusive jurisdiction over the order. However,
if the issuing state is a foreign jurisdiction that has not enacted a law
or established procedures substantially similar to the procedures
established by the Uniform Interstate Family Support Act, the consent
otherwise required of a natural person residing in this state is not
required for the tribunal to assume jurisdiction to modify the
child-support order.
2. Modification of a registered child-support order is subject to
the same requirements, procedures and defenses that apply to the
modification of an order issued by a tribunal of this state, and the
order may be enforced and satisfied in the same manner.
3. A tribunal of this state may not modify any aspect of a
child-support order that may not be modified under the law of the issuing
state. If two or more tribunals have issued child-support orders for the
same obligor and child, the order that controls and must be so recognized
under NRS 130.207 establishes the
aspects of the support order which may not be modified.
4. On issuance of an order modifying a child-support order issued
in another state, a tribunal of this state becomes the tribunal having
continuing and exclusive jurisdiction.
(Added to NRS by 1997, 2326)
A
tribunal of this state shall recognize a modification of its earlier
child-support order by a tribunal of another state which assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act or a
law substantially similar to that Act and, upon request, except as
otherwise provided in this chapter, shall:
1. Enforce the order that was modified only as to amounts accruing
before the modification;
2. Enforce only aspects of that order that may not be modified;
3. Provide other appropriate relief only for violations of that
order which occurred before the effective date of the modification; and
4. Recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
(Added to NRS by 1997, 2327)
1. If all of the parties who are natural persons reside in this
state and the child does not reside in the issuing state, a tribunal of
this state has jurisdiction to enforce and to modify the child-support
order of the issuing state in a proceeding to register that order.
2. A tribunal of this state exercising jurisdiction under this
section shall apply the provisions of NRS 130.0902 to 130.209 ,
inclusive, and 130.601 to 130.614
, inclusive, and the procedural and
substantive law of this state to the proceeding for enforcement or
modification. The provisions of NRS 130.301 to 130.507 ,
inclusive, and 130.701 , 130.801 and 130.802
do not apply.
(Added to NRS by 1997, 2327)
Within 90
days after the issuance of a modified child-support order, the party
obtaining the modification shall file a certified copy of the order with
the issuing tribunal that had continuing and exclusive jurisdiction over
the earlier order and in each tribunal in which the party knows the
earlier order has been registered. A party who obtains the order and
fails to file a certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure to
file does not affect the validity or enforceability of the modified order
of the new tribunal having continuing and exclusive jurisdiction.
(Added to NRS by 1997, 2327)
Article 7—Determination of Parentage
1. A tribunal of this state may serve as an initiating or
responding tribunal in a proceeding brought under the Uniform Interstate
Family Support Act or a law or procedure substantially similar to that
Act, the Uniform Reciprocal Enforcement of Support Act or the Revised
Uniform Reciprocal Enforcement of Support Act to determine that the
petitioner is a parent of a particular child or to determine that a
respondent is a parent of that child.
2. In a proceeding to determine parentage, a responding tribunal
of this state shall apply the procedural and substantive law of this
state and the rules of this state on choice of law.
(Added to NRS by 1997, 2327)
Article 8—Interstate Rendition
1. For the purposes of this section and NRS 130.802 , “governor” includes a natural person
performing the functions of governor or the executive authority of a
state covered by this chapter.
2. The Governor of this state may:
(a) Demand that the governor of another state surrender a natural
person found in the other state who is charged criminally in this state
with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another state, surrender a
natural person found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
3. A provision for extradition of natural persons that is not
inconsistent with this chapter applies to the demand even if the natural
person whose surrender is demanded was not in the state making the demand
when the crime was allegedly committed and has not fled therefrom.
(Added to NRS by 1997, 2327)
1. Before making a demand that the governor of another state
surrender a natural person charged criminally in this state with having
failed to provide for the support of an obligee, the Governor of this
state may require a prosecutor of this state to demonstrate that at least
60 days previously the obligee had initiated proceedings for support
pursuant to this chapter or that the proceeding would be of no avail.
2. If, under the Uniform Interstate Family Support Act or a law
substantially similar to that Act, the Uniform Reciprocal Enforcement of
Support Act or the Revised Uniform Reciprocal Enforcement of Support Act,
the governor of another state makes a demand that the Governor of this
state surrender a natural person charged criminally in that state with
having failed to provide for the support of a child or other natural
person to whom a duty of support is owed, the Governor may require a
prosecutor to investigate the demand and report whether a proceeding for
support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the Governor
may delay honoring the demand for a reasonable time to permit the
initiation of a proceeding.
3. If a proceeding for support has been initiated and the natural
person whose rendition is demanded prevails, the Governor may decline to
honor the demand. If the petitioner prevails and the natural person whose
rendition is demanded is subject to a support order, the Governor may
decline to honor the demand if the person is complying with the support
order.
(Added to NRS by 1997, 2328)
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