USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 31A - ENFORCEMENT OF OBLIGATIONS FOR SUPPORT OF CHILDREN
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 31A.012
to 31A.021 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1985, 1425; A 1987, 2243; 1989, 673; 1993, 542;
1997, 2271)
“Court” means:
1. The district court; or
2. When the context requires, 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, 2270)
“Division of Welfare and Supportive Services” means the Division of
Welfare and Supportive Services of the Department of Health and Human
Services.
(Added to NRS by 1997, 2271)—(Substituted in revision for NRS
31A.023)
“Enforcing authority”
means the Division of Welfare and Supportive Services, its designated
representative or the district attorney.
(Added to NRS by 1997, 2270)
“Income” includes, but is not
limited to:
1. Wages, salaries, bonuses and commissions;
2. Any money from which support may be withheld pursuant to NRS
31A.150 or 31A.330 ;
3. Any other money due as a pension, unemployment compensation, a
benefit because of disability or retirement, or as a return of
contributions and interest; and
4. Any compensation of an independent contractor.
(Added to NRS by 1997, 2270)
“Notice to
withhold income” means a notice issued pursuant to NRS 31A.070 .
(Added to NRS by 1997, 2271)
“Obligor” means a person who is
liable or alleged to be liable for the support of a child.
(Added to NRS by 1997, 2271)
“State” has the meaning ascribed to
it in NRS 130.10179 .
(Added to NRS by 1997, 2271; A 1997, 2348)
[Replaced in revision by
NRS 31A.013 .]
APPLICABILITY OF CHAPTER
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, 2271; A 1997, 2348)
WITHHOLDING OF INCOME
1. Except as otherwise provided in subsection 4, whenever a court
order requiring an obligor to make payments for the support of a child
includes an order directing the withholding of income for the payment of
the support, the procedure provided by this chapter for the withholding
of income must be carried out immediately unless:
(a) All parties agree in writing that there should be no immediate
withholding; or
(b) The court finds good cause for the postponement of withholding.
2. Except as otherwise provided in subsection 3, a finding of good
cause pursuant to paragraph (b) of subsection 1 must be based on a
written finding by the court that the immediate withholding of income
would not be in the best interests of the child. A finding that the
immediate withholding of income would not be in the best interests of the
child may be based on evidence that:
(a) The obligor has not been found to be in arrears for the payment
of child support and is willing and able to pay the amount ordered by the
court;
(b) The obligor was unaware that he was the parent of the child for
whom he owes an obligation of support during any time in which an
arrearage for the payment of child support accrued and is willing and
able to pay the amount ordered by the court; or
(c) The obligor has provided full payment of his obligation for
support for each of the immediately preceding 12 months.
3. In an action for modification or adjustment of a previous order
for the support of a child, a finding of good cause may be based on
evidence of payment in a timely manner by the obligor under the previous
order for support.
4. In the case of any court order requiring an obligor to make
payments for the support of a child:
(a) That does not include an order directing the withholding of
income for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by the court for the
postponement of withholding; or
(2) All parties have agreed in writing that there should be
no immediate withholding,
Ê the procedure for the withholding of income must be carried out when
the obligor becomes delinquent in paying the support of a child. The
person entitled to the payment of support or his legal representative
shall notify the enforcing authority when the procedure for the
withholding of income must be carried out pursuant to this subsection.
(Added to NRS by 1989, 672; A 1993, 485; 1997, 2272; 2003, 853
)
Except as otherwise provided in NRS
31A.024 :
1. The amount of income to be withheld pursuant to NRS 31A.025
to 31A.190 , inclusive, must be calculated in accordance
with NRS 31.295 and must include:
(a) The amount of the current support due plus:
(1) An amount equal to 10 percent of the amount of the
current periodic or other payment ordered for support, to be applied to
satisfy arrearages, if any; or
(2) If the court has previously ordered the payment of
arrearages in a specified manner, the amount so ordered;
(b) If the obligor is subject to a court order for the payment of
current support which is not being collected pursuant to this chapter and
the enforcing authority is entitled to collect any arrearages, an amount
equal to 25 percent of the amount of the payment ordered for current
support, to be applied to satisfy the arrearages; or
(c) If the child is emancipated, arrearages as provided in NRS
125B.100 , until the arrearages are
paid in full.
2. If two or more court orders for the withholding of income are
being enforced against the same obligor, the amount available from
withholding must be allocated among those persons entitled to it pursuant
to those orders:
(a) Giving priority to an obligation for current support; and
(b) Except as otherwise provided in paragraph (a), in the
proportion that the amount owed any one person bears to the total amount
owed to all persons entitled to withholding pursuant to those orders.
(Added to NRS by 1985, 1425; A 1987, 2243; 1997, 2272, 2273)
1. The enforcing authority shall notify an obligor who is subject
to the withholding of income by first-class mail to his last known
address:
(a) That his income is being withheld;
(b) Of the amount of any arrearages;
(c) Of the amount being withheld from his income to pay current
support and the amount being withheld to pay any arrearages;
(d) That a notice to withhold income applies to any current or
subsequent employer;
(e) That a notice to withhold income of the obligor has been mailed
to his employer;
(f) Of the information provided to his employer pursuant to NRS
31A.070 ;
(g) That he may contest the withholding; and
(h) Of the grounds and procedures for contesting the withholding.
2. The provisions of this section are applicable only to an
obligor against whom there is entered an order of a kind described in
subsection 4 of NRS 31A.025 .
(Added to NRS by 1985, 1425; A 1987, 2244; 1989, 673; 1997, 2274;
2003, 854 )
1. Except as otherwise provided in subsection 2:
(a) If an obligor, within 15 days after a notice of withholding is
mailed to him pursuant to NRS 31A.040 , requests a hearing to contest the
withholding, the enforcing authority shall apply for a hearing before the
court.
(b) The obligor may contest the withholding on the following
grounds:
(1) The court which issued the order for support lacked
personal jurisdiction over him;
(2) There is a mistake of fact as to:
(I) Whether the obligor has been delinquent in the
payment of support;
(II) The amount of the arrearages or support; or
(III) The custody of the child; or
(3) The order of support was obtained by fraud.
Ê No other issues or defenses may be presented to or determined by the
court.
2. The provisions of subsection 1:
(a) Are applicable only to an obligor against whom there is entered
an order of a kind described in subsection 4 of NRS 31A.025 .
(b) Do not apply to an obligor who requests a hearing pursuant to
NRS 130.606 to contest the enforcement,
through the withholding of income, of an order for support that is
registered pursuant to chapter 130 of NRS.
(Added to NRS by 1985, 1426; A 1987, 2244; 1989, 673; 1997, 2274,
2275; 2003, 855 )
1. If the court, after conducting a hearing requested pursuant to
NRS 31A.050 , determines that:
(a) The court that issued the order of support lacked jurisdiction
or the order was obtained by fraud or a mistake of fact, it shall issue
an order to stay the withholding.
(b) The order of support is valid and there is no fraud or mistake
of fact, it shall issue an order confirming the withholding without
modification.
2. The court shall make its decision within 45 days after the
notice of the withholding is mailed to the obligor pursuant to NRS
31A.040 .
3. If the court issues an order confirming the withholding, it may
assess costs and attorney’s fees against the obligor.
4. The enforcing authority shall give written notice to the
obligor of the decision of the court.
5. The provisions of this section are applicable only to an
obligor against whom there is entered an order of a kind described in
subsection 4 of NRS 31A.025 .
(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2275;
2003, 855 )
1. The enforcing authority shall mail, by first-class mail, a
notice to withhold income to an obligor’s employer:
(a) If the provisions of subsection 4 of NRS 31A.025 apply, immediately upon determining that the
obligor is delinquent in the payment of support; or
(b) If the provisions of subsection 4 of NRS 31A.025 do not apply, immediately upon the entry of
the order of support, unless an exception set forth in paragraph (a) or
(b) of subsection 1 of NRS 31A.025
applies.
2. If an employer of an obligor does not begin to withhold income
from the obligor after receiving the notice to withhold income that was
mailed pursuant to subsection 1, the enforcing authority shall mail, by
certified mail, return receipt requested, another notice to withhold
income to the employer.
3. A notice to withhold income may be issued electronically and
must:
(a) Contain the social security number of the obligor;
(b) Specify the amount to be withheld from the income of the
obligor;
(c) Specify the amounts of the fees authorized in NRS 31A.090
and required in NRS 31A.075 ;
(d) Describe the limitation for withholding income prescribed in
NRS 31.295 ;
(e) Describe the prohibition against terminating the employment of
an obligor because of withholding and the penalties for wrongfully
refusing to withhold pursuant to the notice to withhold income;
(f) Specify that, pursuant to NRS 31A.160 , the withholding of income to enforce an
order of a court for child support has priority over other proceedings
against the same money; and
(g) Explain the duties of an employer upon the receipt of the
notice to withhold income.
(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2276;
1999, 905 ; 2003, 855 , 1021 )
1. The State Treasurer shall charge an obligor a fee of $2 for
each withholding of income for the payment of support made by an employer
pursuant to this chapter, except that the fee must not be charged to an
obligor more than two times during any month.
2. All such fees received by the State Treasurer from employers
pursuant to NRS 31A.080 must be
accounted for separately in the State General Fund.
3. The account created pursuant to subsection 2 must be
administered by the Administrator of the Division of Welfare and
Supportive Services. The money in the account must be distributed among
each enforcing authority pursuant to regulations adopted by the
Administrator of the Division of Welfare and Supportive Services pursuant
to NRS 425.365 .
(Added to NRS by 2003, 1021 )
An employer who receives a notice to withhold income shall:
1. Withhold the amount stated in the notice from the income due
the obligor beginning with the first pay period that occurs within 14
days after the date the notice was mailed to the employer and continuing
until the enforcing authority notifies him to discontinue the withholding;
2. Deliver the money withheld to the enforcing authority within 7
days after the date of each payment of the regularly scheduled payroll of
the employer;
3. Deduct from the income due the obligor after the withholding
pursuant to subsection 1, the fee set forth in NRS 31A.075 ;
4. Deliver to the State Treasurer, at least quarterly, all money
deducted as fees pursuant to subsection 3; and
5. Notify the enforcing authority and the State Treasurer when the
obligor subject to withholding terminates his employment, and provide the
last known address of the obligor and the name of any new employer of the
obligor, if known.
(Added to NRS by 1985, 1426; A 1987, 2246; 1997, 2276; 2003, 1022
)
1. A notice to withhold income is binding upon any employer of an
obligor to whom it is mailed. To reimburse the employer for his costs in
making the withholding, he may deduct $3 from the amount paid the obligor
each time he makes a withholding.
2. If an employer receives notices to withhold income for more
than one employee, he may consolidate the amounts of money that are
payable to:
(a) The enforcing authority and pay those amounts with one check;
and
(b) The State Treasurer and pay those amounts with one check,
Ê but the employer shall attach to each check a statement identifying by
name and social security number each obligor for whom payment is made and
the amount transmitted for that obligor.
3. An employer shall cooperate with and provide relevant
information to an enforcing authority as necessary to enable it to
enforce an obligation of support. A disclosure made in good faith
pursuant to this subsection does not give rise to any action for damages
resulting from the disclosure.
(Added to NRS by 1985, 1427; A 1987, 2246; 1997, 2277; 2003, 1022
)
1. If an employer wrongfully refuses to withhold income as
required pursuant to NRS 31A.025 to
31A.190 , inclusive, after receiving a
notice to withhold income that was sent by certified mail pursuant to
subsection 2 of NRS 31A.070 , or
knowingly misrepresents the income of an employee, the enforcing
authority may apply for and the court may issue an order directing the
employer to appear and show cause why he should not be subject to the
penalty prescribed in subsection 2 of NRS 31A.120 .
2. At the hearing on the order to show cause, the court, upon a
finding that the employer wrongfully refused to withhold income as
required or knowingly misrepresented an employee’s income:
(a) May order the employer to comply with the requirements of NRS
31A.025 to 31A.190 , inclusive;
(b) May order the employer to provide accurate information
concerning the employee’s income;
(c) May fine the employer pursuant to subsection 2 of NRS 31A.120
; and
(d) Shall require the employer to pay the amount the employer
failed or refused to withhold from the obligor’s income.
(Added to NRS by 1987, 2240; A 1997, 2277; 1999, 905 )
1. An employer who complies with a notice to withhold income that
is regular on its face may not be held liable in any civil action for any
conduct taken in compliance with the notice.
2. Compliance by an employer with a notice to withhold income is a
discharge of the employer’s liability to the obligor as to that portion
of the income affected.
3. If a court issues an order to stay a withholding of income, the
enforcing authority may not be held liable in any civil action to the
obligor for any money withheld before the stay becomes effective.
(Added to NRS by 1985, 1427; A 1997, 2278)
The enforcing
authority may, pursuant to NRS 31A.025 to 31A.190 , inclusive, collect, by withholding, an
obligation for the support of a spouse or a former spouse under a valid
order of a court, if the enforcing authority is also collecting support
for a child of that spouse or former spouse from the same obligor and the
child resides with the spouse or former spouse for whom the obligation of
support is being collected.
(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 675; 1997, 2278)
1. It is unlawful for an employer to use the withholding of income
to collect an obligation of support as a basis for refusing to hire a
potential employee, discharging the employee or taking disciplinary
action against him. Any employer who violates this section shall hire or
reinstate the employee with no loss of pay or benefits, is liable for any
payments of support not withheld, and shall be fined $1,000. If an
employee prevails in an action based on this section, the employer is
liable, in an amount not less than $2,500, for payment of the employee’s
costs and attorney’s fees incurred in that action.
2. If an employer wrongfully refuses to withhold from the income
of an obligor as required pursuant to NRS 31A.025 to 31A.190 , inclusive, or knowingly misrepresents the
income of the employee, he shall pay the amount he refused to withhold to
the enforcing authority and may be ordered to pay punitive damages to the
person to whom support is owed in an amount not to exceed $1,000 for each
pay period he failed to withhold income as required or knowingly
misrepresented the income of the employee.
(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 957; 1997, 2278,
2279)
The Division of Welfare and Supportive Services shall adopt
regulations which establish procedures for all enforcing authorities for
documenting payments for support and for the expeditious distribution of
amounts withheld.
(Added to NRS by 1985, 1427)
1. A person or other entity for whom support is being collected
pursuant to NRS 31A.025 to 31A.190
, inclusive, shall notify the
enforcing authority of a change of address within a reasonable time after
the change. The notice must be in writing and sent by certified mail,
return receipt requested.
2. If payments are not deliverable for 3 consecutive months
because of the failure of a person or other entity for whom payment of
support has been withheld to notify the enforcing authority of a change
of address, no further payments may be made and all payments not
delivered must be returned to the obligor. The enforcing authority shall
notify the employer to discontinue withholding.
(Added to NRS by 1985, 1427; A 1997, 2279)
1. Money may be withheld for the support of a child pursuant to
NRS 31A.025 to 31A.190 , inclusive, from any money:
(a) Due to:
(1) The obligor as a pension, an annuity, unemployment
compensation, a benefit because of disability, retirement or other cause
or any other benefit;
(2) The obligor as a return of contributions and interest; or
(3) Some other person because of the death of the obligor,
Ê from the State, a political subdivision of the State or an agency of
either, a public trust, corporation or board or a system for retirement,
disability or annuity established by any person or a statute of this or
any other state, whether the money is payable periodically or in a lump
sum; or
(b) Due to the obligor as a judgment, a settlement or the prize
from any contest or lottery, from any person or other entity, whether the
money is payable periodically or in a lump sum.
2. When a certified copy of a notice to withhold income is
delivered by certified mail, return receipt requested, to a person or
other entity described in subsection 1, the person or other entity must
comply with the request and pay to the enforcing authority the amounts
withheld as required in the notice to withhold income.
(Added to NRS by 1985, 1427; A 1987, 2247; 1989, 675; 1993, 542;
1997, 2280)
The withholding of income:
1. To enforce an order of a court for the support of a child has
priority over any other proceeding against the same money.
2. To enforce an order of a court regarding an obligation for the
current support of a child has priority over any other orders for the
support of a child.
3. Is in addition to, and not a substitution for, any other remedy
for the collection of an obligation for the support of a child.
(Added to NRS by 1985, 1428; A 1997, 2281)
If an order for
support on which a notice to withhold income is based is amended or
modified, the enforcing authority shall, upon receipt of a certified copy
of the amendment or modification, notify the employer of the obligor to
modify the amount to be withheld accordingly.
(Added to NRS by 1985, 1428; A 1997, 2281)
An obligor may
voluntarily have the payment for support withheld from his income by
filing his request and a certified copy of the order for support with the
enforcing authority. The enforcing authority shall send a notice to
withhold income to his employer, and the employer shall withhold and pay
the amount as required in the notice.
(Added to NRS by 1985, 1428; A 1997, 2281)
ASSIGNMENT OF INCOME
In any
proceeding in which the court orders an obligor to pay any amount for the
support of a child, the court may also order the obligor to assign to the
person entitled to the payment of support, or that person’s legal
representative, that portion of the income of the obligor which is due or
to become due and is sufficient to pay the amount ordered by the court
for the support.
(Added to NRS by 1987, 2240; A 1997, 2283)
NRS 31A.160
applies to all assignments of income
pursuant to NRS 31A.250 to 31A.330
, inclusive. The assignment:
1. Must be calculated in accordance with NRS 31.295 .
2. May include the amount of the current support due and a payment
on the arrearages if previously ordered by a court of competent
jurisdiction.
(Added to NRS by 1987, 2241; A 1999, 550 , 906 )
1. An order for an assignment issued pursuant to NRS 31A.250
to 31A.330 , inclusive, operates as an assignment and is
binding upon any existing or future employer of an obligor upon whom a
copy of the order is served by certified mail, return receipt requested.
The order may be modified or revoked at any time by the court.
2. To enforce the obligation for support, the employer shall
cooperate with and provide relevant information concerning the obligor’s
employment to the person entitled to the support or that person’s legal
representative. A disclosure made in good faith pursuant to this
subsection does not give rise to any action for damages for the
disclosure.
3. If the order for support is amended or modified, the person
entitled to the payment of support or that person’s legal representative
shall notify the employer of the obligor to modify the amount to be
withheld accordingly.
4. To reimburse the employer for his costs in making the payment
pursuant to the assignment, he may deduct $3 from the amount paid to the
obligor each time he makes a payment.
5. If an employer wrongfully refuses to honor an assignment or
knowingly misrepresents the income of an employee, the court, upon
request of the person entitled to the support or that person’s legal
representative, may enforce the assignment in the manner provided in NRS
31A.095 for the enforcement of the
withholding of income.
6. Compliance by an employer with an order of assignment operates
as a discharge of the employer’s liability to the employee as to that
portion of the employee’s income affected.
(Added to NRS by 1987, 2241; A 1997, 2283; 1999, 906 )
An employer may not use assignments of
income for payments to collect an obligation of support as a basis for
the discharge of an employee or for disciplinary action against the
employee. An employer who discharges or disciplines an employee in
violation of this section shall reinstate the employee with no loss of
pay or benefits, is liable for any payments of support not paid and shall
be fined $1,000. If an employee prevails in an action for reinstatement
based on this section, the employer is liable, in an amount of not less
than $2,500, for payment of the employee’s costs and attorney’s fees
incurred in that action.
(Added to NRS by 1987, 2242; A 1997, 2283)
In any proceeding where a court makes or has made an order of
assignment of income for the payment of the support of a child to a
person, the court shall direct that payments made pursuant to the
assignment be made to the enforcing authority. The district attorney may
appear in any proceeding to enforce that order. The enforcing authority
shall disburse the payments so received to the person to whom the
assignment was made in the amount that the person is entitled to receive.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 906 )
1. The person or other entity to whom support is ordered to be
paid by assignment of income shall notify the court and the employer of
the obligor, by any form of mail requiring a return receipt, of any
change of address within a reasonable time after that change.
2. If the employer or the legal representative of the person
entitled to the payment for support is unable to deliver payments as
required pursuant to NRS 31A.250 to
31A.330 , inclusive, within 3 months
because of the failure of the person entitled to the support to notify
the employer or his legal representative of a change of address, the
employer or legal representative shall not make any further payments
pursuant to the assignment and shall return all undeliverable payments to
the employee.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 907 )
An obligor may petition the court to terminate an order of assignment of
income if:
1. The required payments have been withheld and paid for 18
consecutive months to the person entitled to the support; and
2. All arrearages have been paid.
(Added to NRS by 1987, 2242; A 1997, 2284)
1. Money may be withheld for the support of a child pursuant to
NRS 31A.250 to 31A.330 , inclusive, from any money due to:
(a) The obligor as a pension, an annuity, unemployment
compensation, a benefit because of disability, retirement or other cause;
(b) The obligor as a return of contributions and interest; or
(c) Some other person because of the death of the obligor,
Ê from the State of Nevada, a political subdivision of the State of
Nevada or an agency of either, a public trust, corporation or board or a
system for retirement, disability or annuity established by a statute of
this state.
2. When a certified copy of any order of assignment is served by
certified mail, return receipt requested, on any entity described in
subsection 1, other than the Federal Government, it must comply with any
request for a return of employee contributions by an employee named in
the order by paying the contributions to the person entitled to the
payment of support or that person’s legal representative unless the
entity has received a certified copy of an order terminating the order of
assignment. A court may not directly or indirectly condition the
issuance, modification or termination of, or condition the terms or
conditions of, any order for the support of a child upon the issuance of
such a request by an employee.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 907 )
HEALTH INSURANCE
1. If a court orders a parent to obtain health insurance for his
child and the parent fails to enroll the child and provide written proof
to the enforcing authority, the enforcing authority shall mail to the
parent’s employer or labor organization by first-class mail, a notice
requiring the employer or organization to enroll the child in the plan of
health insurance provided for his employees or its members. The Division
of Welfare and Supportive Services shall, by regulation, prescribe the
content of the notice and establish procedures for providing the notice
to ensure compliance with federal law.
2. Except as otherwise provided in this subsection, upon receipt
of a notice to enroll, mailed pursuant to subsection 1, the employer or
labor organization shall enroll the child named in the notice in the plan
of health insurance provided for his employees or its members. The child
must be enrolled without regard to any restrictions upon periods for
enrollment. If more than one plan is offered by the employer or labor
organization, and each plan may be extended to cover the child, the child
must be enrolled in the parent’s plan. If the parent’s plan cannot be
extended to cover the child, the child must be enrolled in a plan that
provides coverage for a dependent that is otherwise available to the
parent, subject to the eligibility requirements of that plan. An
employer, labor organization, health maintenance organization or other
insurer is not required to enroll the child in a plan of health insurance
if the child is not otherwise eligible to be enrolled in that plan. If
the child is not eligible to be enrolled in the parent’s plan of health
insurance, the employer or labor organization shall notify the enforcing
authority.
3. The employer or labor organization shall transfer the notice to
enroll to the administrator that provides coverage pursuant to the plan
of health insurance for which the child is eligible within 20 business
days after the date of the notice to enroll. The administrator shall
fully complete and return the response form to the enforcing authority
within 40 business days after the date of the notice.
4. After the child is enrolled in a plan of health insurance, the
premiums required to be paid by the parent for the child’s coverage must
be deducted from the parent’s wages. If the parent’s wages are not
sufficient to pay for those premiums, the employer or labor organization
shall notify the enforcing authority. A parent may contest the
withholding pursuant to NRS 31A.050 .
5. A notice to enroll sent pursuant to subsection 1 has the same
effect as an enrollment application signed by the parent. No employer or
labor organization may refuse to enroll a child because a parent has not
signed an enrollment application.
6. An employer or labor organization shall, without liability to
the parent, provide to the enforcing authority, upon request, information
about the name of the insurer and the number of the parent’s policy of
health insurance.
7. The enforcing authority may withhold wages or other income and
require withholding of state tax refunds whenever the responsible parent
has received payment from the third party and not used the payment to
reimburse the other parent or provider to the extent necessary to
reimburse the Medicaid agency.
8. The enforcing authority shall promptly notify the employer or
labor organization when there is no longer a current order for medical
support in effect for which the enforcing authority is responsible.
9. The employer shall notify the enforcing authority when the
parent subject to the notice to enroll terminates his employment, and
provide the last known address of the parent and the name of any new
employer of the parent, if known.
10. If an employer or labor organization wrongfully refuses to
enroll a child in a plan of health insurance as required in this section,
or knowingly misrepresents that health insurance is not available, the
employer or labor organization may be held liable for punitive damages
and all unreimbursed medical expenses incurred during the period in which
insurance was not in effect.
11. An employer, labor organization or enforcing authority who
complies with a notice to enroll that is regular on its face may not be
held liable in any civil action for any conduct taken in compliance with
the notice.
12. The remedy provided by this section is in addition to, and is
not a substitute for, any other remedy available for the enforcement of
such an order.
(Added to NRS by 1993, 237; A 1995, 2422; 1997, 2285; 1999, 907
; 2003, 1427 )
