USA Statutes : nevada
Title : Title 11 - DOMESTIC RELATIONS
Chapter : CHAPTER 126 - PARENTAGE
This chapter applies to all
persons, no matter when born.
(Added to NRS by 1979, 1269)
As used in this chapter, unless the
context otherwise requires:
1. “Custodial parent” means the parent of a child born out of
wedlock who has been awarded physical custody of the child or, if no
award of physical custody has been made by a court, the parent with whom
the child resides.
2. “Nonsupporting parent” means the parent of a child born out of
wedlock who has failed to provide an equitable share of his child’s
necessary maintenance, education and support.
3. “Parent and child relationship” means the legal relationship
existing between a child and his natural or adoptive parents incident to
which the law confers or imposes rights, privileges, duties and
obligations. It includes the mother and child relationship and the father
and child relationship.
(Added to NRS by 1979, 1269; A 1983, 1867)
1. The parent and child relationship extends equally to every
child and to every parent, regardless of the marital status of the
parents.
2. Except as otherwise provided in a court order for the custody
of a child:
(a) Except as otherwise provided in paragraph (b), the mother of a
child born out of wedlock has primary physical custody of the child if:
(1) The mother has not married the father of the child; and
(2) A judgment or order of a court, or a judgment or order
entered pursuant to an expedited process, determining the paternity of
the child has not been entered.
(b) The father of a child born out of wedlock has primary physical
custody of the child if:
(1) The mother has abandoned the child to the custody of the
father; and
(2) The father has provided sole care and custody of the
child in her absence.
3. For the purposes of this section, “abandoned” means failed, for
a continuous period of not less than 6 weeks, to provide substantial
personal and economic support.
4. As used in this section, “expedited process” has the meaning
ascribed to it in NRS 126.161 .
(Added to NRS by 1979, 1270; A 1993, 1425; 1997, 2303)
The parent and child
relationship between a child and:
1. The natural mother may be established by proof of her having
given birth to the child, or under this chapter, or NRS 125B.150 or 130.701 .
2. The natural father may be established under this chapter, or
NRS 125B.150 , 130.701 or 425.382 to 425.3852 , inclusive.
3. An adoptive parent may be established by proof of adoption.
(Added to NRS by 1979, 1270; A 1983, 1867; 1997, 2303; 1999, 3570
)
SURROGACY AGREEMENTS
1. Two persons whose marriage is valid under chapter 122 of NRS may enter into a contract with a surrogate
for assisted conception. Any such contract must contain provisions which
specify the respective rights of each party, including:
(a) Parentage of the child;
(b) Custody of the child in the event of a change of circumstances;
and
(c) The respective responsibilities and liabilities of the
contracting parties.
2. A person identified as an intended parent in a contract
described in subsection 1 must be treated in law as a natural parent
under all circumstances.
3. It is unlawful to pay or offer to pay money or anything of
value to the surrogate except for the medical and necessary living
expenses related to the birth of the child as specified in the contract.
4. As used in this section, unless the context otherwise requires:
(a) “Assisted conception” means a pregnancy resulting when an egg
and sperm from the intended parents are placed in a surrogate through the
intervention of medical technology.
(b) “Intended parents” means a man and woman, married to each
other, who enter into an agreement providing that they will be the
parents of a child born to a surrogate through assisted conception.
(c) “Surrogate” means an adult woman who enters into an agreement
to bear a child conceived through assisted conception for the intended
parents.
(Added to NRS by 1993, 2050; A 1995, 1075)
PATERNITY GENERALLY
1. A man is presumed to be the natural father of a child if:
(a) He and the child’s natural mother are or have been married to
each other and the child is born during the marriage, or within 285 days
after the marriage is terminated by death, annulment, declaration of
invalidity or divorce, or after a decree of separation is entered by a
court.
(b) He and the child’s natural mother were cohabiting for at least
6 months before the period of conception and continued to cohabit through
the period of conception.
(c) Before the child’s birth, he and the child’s natural mother
have attempted to marry each other by a marriage solemnized in apparent
compliance with law, although the attempted marriage is invalid or could
be declared invalid, and:
(1) If the attempted marriage could be declared invalid only
by a court, the child is born during the attempted marriage, or within
285 days after its termination by death, annulment, declaration of
invalidity or divorce; or
(2) If the attempted marriage is invalid without a court
order, the child is born within 285 days after the termination of
cohabitation.
(d) While the child is under the age of majority, he receives the
child into his home and openly holds out the child as his natural child.
(e) Blood tests or tests for genetic identification made pursuant
to NRS 126.121 show a probability of 99
percent or more that he is the father.
2. A presumption under this section may be rebutted in an
appropriate action only by clear and convincing evidence. If two or more
presumptions arise which conflict with each other, the presumption which
on the facts is founded on the weightier considerations of policy and
logic controls. The presumption is rebutted by a court decree
establishing paternity of the child by another man.
(Added to NRS by 1979, 1270; A 1983, 1868; 1995, 732, 2416; 1997,
2304)
1. After the expiration of the period described in subsection 2,
an affidavit for the voluntary acknowledgment of paternity developed by
the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order
of a court determining the existence of the relationship of parent and
child if the affidavit is signed in this or any other state by the mother
and father of the child. An affidavit for the voluntary acknowledgment of
paternity that is signed pursuant to this subsection is not required to
be ratified by a court of this state before the affidavit is deemed to
have the same effect as a judgment or order of a court determining the
existence of the relationship of parent and child.
2. A person who signs an acknowledgment of paternity in this state
may rescind the acknowledgment:
(a) Within 60 days after the acknowledgment is signed by both
persons; or
(b) Before the date on which an administrative or judicial
proceeding relating to the child begins if that person is a party to the
proceeding,
Ê whichever occurs earlier.
3. After the expiration of the period during which an
acknowledgment may be rescinded pursuant to subsection 2, the
acknowledgment may not be challenged except upon the grounds of fraud,
duress or material mistake of fact. The burden of proof is on the person
challenging the acknowledgment to establish that the acknowledgment was
signed because of fraud, duress or material mistake of fact.
4. Except upon a showing of good cause, a person’s obligation for
the support of a child must not be suspended during a hearing to
challenge a voluntary acknowledgment of paternity.
(Added to NRS by 1997, 2301)
1. If, under the supervision of a licensed physician and with the
consent of her husband, a wife is inseminated artificially with semen
donated by a man not her husband, the husband is treated in law as if he
were the natural father of a child thereby conceived. The husband’s
consent must be in writing and signed by him and his wife. The physician
shall certify their signatures and the date of the insemination, and file
the husband’s consent with the Health Division of the Department of
Health and Human Services, where it must be kept confidential and in a
sealed file. The physician’s failure to do so does not affect the father
and child relationship. All papers and records pertaining to the
insemination, whether part of the permanent record of a court or of a
file held by the supervising physician or elsewhere, are subject to
inspection only upon an order of the court for good cause shown.
2. The donor of semen provided to a licensed physician for use in
artificial insemination of a married woman other than the donor’s wife is
treated in law as if he were not the natural father of a child thereby
conceived.
(Added to NRS by 1979, 1271)
ACTION TO DETERMINE PATERNITY
1. A child, his natural mother, a man presumed or alleged to be
his father or an interested third party may bring an action pursuant to
this chapter to declare the existence or nonexistence of the father and
child relationship.
2. If an action under this section is brought before the birth of
the child, all proceedings must be stayed until after the birth, except
service of process and the taking of depositions to perpetuate testimony.
3. Upon the request of any of the persons listed in subsection 1,
the district attorney shall take such action as is necessary to establish
the parentage of a child.
(Added to NRS by 1979, 1271; A 1983, 1869; 1987, 2251)
1. An action brought under this chapter to declare the existence
or nonexistence of the father and child relationship is not barred until
3 years after the child reaches the age of majority.
2. This section does not alter the time within which a right of
inheritance or a right to a succession may be asserted beyond the time
provided by law relating to distribution and closing of decedents’
estates or to the determination of heirship, or otherwise.
(Added to NRS by 1979, 1272; A 1981, 1573; 1983, 1870)
1. Each district court has jurisdiction of an action brought under
this chapter. The action may be joined with an action for divorce,
annulment, separate maintenance or support.
2. A person who has sexual intercourse in this state thereby
submits to the jurisdiction of the courts of this state as to an action
brought under this chapter with respect to a child who may have been
conceived by that act of intercourse. In addition to any other method
provided by law, personal jurisdiction may be acquired by personal
service of summons outside this state or by certified mail, restricted
delivery, with return receipt requested.
3. The action may be brought in the county in which the child, the
mother or the alleged father resides or is found or, if the father is
deceased, in which proceedings for probate of his estate have been or
could be commenced. The court has jurisdiction whether or not the
plaintiff resides in this state.
4. If an action to establish paternity 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 1979, 1272; A 1997, 2305)
1. The child must be made a party to the action. If he is a minor,
he must be represented by his general guardian or a guardian ad litem
appointed by the court. The child’s mother or father may not represent
the child as guardian or otherwise. If a district attorney brings an
action pursuant to NRS 125B.150 and
the interests of the child:
(a) Are adequately represented by the appointment of the district
attorney as his guardian ad litem, the district attorney shall act as
guardian ad litem for the child without the need for court appointment.
(b) Are not adequately represented by the appointment of the
district attorney as his guardian ad litem, the Division of Welfare and
Supportive Services of the Department of Health and Human Services must
be appointed as guardian ad litem in the case.
2. The natural mother and a man presumed to be the father under
NRS 126.051 must be made parties, but
if more than one man is presumed to be the natural father, only a man
presumed pursuant to subsection 2 of NRS 126.051 is an indispensable party. Any other presumed
or alleged father may be made a party.
3. The court may align the parties.
(Added to NRS by 1979, 1273; A 1981, 1573; 1983, 1870; 1993, 541;
1995, 2418; 1997, 2305; 1999, 875 )
Whenever service of process is
required in an action brought under this chapter to determine the
existence or nonexistence of the paternal relationship, it may be made
pursuant to Rule 4 of N.R.C.P. or by certified mail, restricted delivery,
with return receipt requested.
(Added to NRS by 1981, 1572; A 1983, 1870; 1995, 2418; 1997, 2306)
1. The court shall endeavor to resolve the issues raised in an
action pursuant to this chapter by an informal hearing.
2. As soon as practicable after an action to declare the existence
or nonexistence of the father and child relationship has been brought, an
informal hearing must be held. The court may order that the hearing be
held before a master or referee. The public shall be barred from the
hearing. A record of the proceeding or any portion thereof must be kept
if any party requests or the court orders. Strict rules of evidence need
not be observed, but those prescribed in NRS 233B.123 apply.
3. Upon refusal of any witness, including a party, to testify
under oath or produce evidence, the court may order him to testify under
oath and produce evidence concerning all relevant facts. If the refusal
is upon the ground that his testimony or evidence might tend to
incriminate him, the court may grant him immunity from prosecution for
all criminal offenses shown in whole or in part by testimony or evidence
he is required to produce, except for perjury committed in his testimony.
The refusal of a witness who has been granted immunity to obey an order
to testify or produce evidence is a civil contempt of the court.
4. Testimony of a physician concerning the medical circumstances
of the pregnancy and the condition and characteristics of the child upon
birth is not privileged.
(Added to NRS by 1979, 1273)
1. The court may, and shall upon the motion of a party, order the
mother, child, alleged father or any other person so involved to submit
to one or more tests for the typing of blood or taking of specimens for
genetic identification to be made by qualified physicians or other
qualified persons, under such restrictions and directions as the court or
judge deems proper. Whenever such a test is ordered and made, the results
of the test must be received in evidence and must be made available to a
judge, master or referee conducting a hearing pursuant to NRS 126.111
. Unless a party files a written
objection to the result of a test at least 30 days before the hearing at
which the result is to be received in evidence, the result is admissible
as evidence of paternity without foundational testimony or other proof of
authenticity or accuracy. The order for such a test also may direct that
the testimony of the experts and of the persons so examined may be taken
by deposition or written interrogatories.
2. If any party refuses to submit to or fails to appear for a test
ordered pursuant to subsection 1, the court may presume that the result
of the test would be adverse to the interests of that party or may
enforce its order if the rights of others and the interests of justice so
require.
3. The court, upon reasonable request by a party, shall order that
independent tests for determining paternity be performed by other experts
or qualified laboratories.
4. In all cases, the court shall determine the number and
qualifications of the experts and laboratories.
(Added to NRS by 1979, 1273; A 1991, 1337; 1995, 2418)
1. Evidence relating to paternity may include:
(a) Evidence of sexual intercourse between the mother and alleged
father at any possible time of conception.
(b) An expert’s opinion concerning the statistical probability of
the alleged father’s paternity based upon the duration of the mother’s
pregnancy.
(c) The results of any test for the typing of blood or taking of
specimens for genetic identification that is:
(1) Of a type acknowledged as reliable by an organization
approved by the Secretary of Health and Human Services; and
(2) Performed by a laboratory which is accredited by such an
organization.
(d) An expert’s opinion concerning the results of a blood test or
test for genetic identification, weighted in accordance with evidence, if
available, of the statistical probability of the alleged father’s
paternity.
(e) Medical or anthropological evidence relating to the alleged
father’s paternity of the child based on tests performed by experts.
(f) All other evidence relevant to the issue of paternity of the
child.
2. Bills or receipts for the costs of:
(a) Medical care received during the pregnancy;
(b) The birth of the child; or
(c) Tests for the typing of blood or taking of specimens for
genetic identification to determine the paternity of the child,
Ê are prima facie evidence of the amounts incurred for those services and
are admissible as evidence without the foundational testimony of a third
party.
(Added to NRS by 1979, 1274; A 1991, 1337; 1997, 2306)
1. On the basis of the information produced at the pretrial
hearing, the judge, master or referee conducting the hearing shall
evaluate the probability of determining the existence or nonexistence of
the father and child relationship in a trial and whether a judicial
declaration of the relationship would be in the best interest of the
child. On the basis of the evaluation, an appropriate recommendation for
settlement must be made to the parties, which may include any of the
following:
(a) That the action be dismissed with or without prejudice.
(b) That the matter be compromised by an agreement among the
alleged father, the mother and the child, in which the father and child
relationship is not determined but in which a defined economic
obligation, fully secured by payment or otherwise, is undertaken by the
alleged father in favor of the child and, if appropriate, in favor of the
mother, subject to approval by the judge, master or referee conducting
the hearing. In reviewing the obligation undertaken by the alleged father
in a compromise agreement, the judge, master or referee conducting the
hearing shall consider the best interest of the child, discounted by the
improbability, as it appears to him, of establishing the alleged father’s
paternity or nonpaternity of the child in a trial of the action. In the
best interest of the child, the court may order that the alleged father’s
identity be kept confidential. In that case, the court may designate a
person or agency to receive from the alleged father and disburse on
behalf of the child all amounts paid by the alleged father in fulfillment
of obligations imposed on him.
(c) That the alleged father voluntarily acknowledge his paternity
of the child.
2. If the parties accept a recommendation made in accordance with
subsection 1, judgment may be entered accordingly.
3. If a party refuses to accept a recommendation made under
subsection 1 and blood tests or tests for genetic identification have not
been taken, the court shall require the parties to submit to blood tests
or tests for genetic identification, if practicable. Thereafter the
judge, master or referee shall make an appropriate final recommendation.
If a party refuses to accept the final recommendation, the action must be
set for trial.
4. The guardian ad litem may accept or refuse to accept a
recommendation under this section.
5. The pretrial hearing may be terminated and the action set for
trial if the judge, master or referee conducting the hearing finds
unlikely that all parties would accept a recommendation he might make
under subsection 1 or 3.
(Added to NRS by 1979, 1274; A 1983, 1871; 1989, 860; 1997, 2306)
After an action
is set for trial pursuant to NRS 126.141 , the judge, master or referee shall, upon the
motion of a party, issue an order providing for the temporary support of
the child pending the resolution of the trial if the judge, master or
referee determines that there is clear and convincing evidence that the
party against whom the order is issued is the father of the child.
(Added to NRS by 1997, 2301)
1. An action under this chapter is a civil action governed by the
Nevada Rules of Civil Procedure. The mother of the child and the alleged
father are competent to testify and may be compelled to testify.
Subsections 3 and 4 of NRS 126.111 and
NRS 126.121 and 126.131 apply.
2. In an action against an alleged father, evidence offered by him
with respect to a man who is not subject to the jurisdiction of the court
concerning that man’s sexual intercourse with the mother at or about the
probable time of conception of the child is admissible in evidence only
if the alleged father has undergone and made available to the court blood
tests or tests for genetic identification, the results of which show a
probability less than 99 percent that he is the father of the child.
3. The trial must be by the court without a jury.
(Added to NRS by 1979, 1275; A 1995, 2419; 1997, 2307)
1. A judgment or order of a court, or a judgment or order entered
pursuant to an expedited process, determining the existence or
nonexistence of the relationship of parent and child is determinative for
all purposes.
2. If such a judgment or order of this State is at variance with
the child’s birth certificate, the judgment or order must direct that a
new birth certificate be issued as provided in NRS 440.270 to 440.340 , inclusive.
3. If the child is a minor, such a judgment or order of this State
must provide for his support as required by chapter 125B of NRS and must include an order directing the
withholding or assignment of income for the payment of the support unless:
(a) One of the parties demonstrates and good cause is found by the
court, or pursuant to the expedited process, for the postponement of the
withholding or assignment; or
(b) All parties otherwise agree in writing.
4. Such a judgment or order of this State may:
(a) Contain any other provision directed against the appropriate
party to the proceeding, concerning the duty of support, the custody and
guardianship of the child, visitation with the child, the furnishing of
bond or other security for the payment of the judgment, or any other
matter in the best interest of the child.
(b) Direct the father to pay the reasonable expenses of the
mother’s pregnancy and confinement. The court may limit the father’s
liability for past support of the child to the proportion of the expenses
already incurred which the court deems just.
5. A court that enters such a judgment or order shall ensure that
the social security numbers of the mother and father are:
(a) Provided to the Division of Welfare and Supportive Services of
the Department of Health and Human Services.
(b) Placed in the records relating to the matter and, except as
otherwise required to carry out a specific statute, maintained in a
confidential manner.
6. As used in this section, “expedited process” means a voluntary
acknowledgment of paternity, judicial procedure or an administrative
procedure established by this or another state, as that term is defined
in NRS 130.10179 , to facilitate the
collection of an obligation for the support of a child.
(Added to NRS by 1979, 1275; A 1983, 1872; 1987, 2251; 1989, 671;
1995, 2419; 1997, 2307, 2308; 2005, 248 )
1. A court that, on or after October 1, 1998, issues an order in
this State establishing the paternity 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
establishing the paternity of a child, each party to the cause of action
shall file with the court that issued the order and with 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 with
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, 2302; A 2005, 249 )
The court may order reasonable fees of
counsel, experts and the child’s guardian ad litem, and other costs of
the action and pretrial proceedings, including blood tests or tests for
genetic identification, to be paid by the parties in proportions and at
times determined by the court. The court may order the proportion of any
indigent party to be paid by the county. In no event may the State be
assessed any costs when it is a party to an action to determine parentage.
(Added to NRS by 1979, 1276; A 1981, 1573; 1997, 2309)
1. If the parent and child relationship has been established, the
obligation of a parent may be enforced in the same or independent
proceedings by the other parent, the child, the public authority that has
furnished or may furnish the reasonable expenses of pregnancy,
confinement, education, support or funeral, or by any other person,
including a private agency, to the extent he has furnished or is
furnishing these expenses.
2. The court may order support payments to be made to the
custodial parent or a person or public agency designated to administer
them for the benefit of the child under the supervision of the court.
3. Willful failure to obey the judgment or order of the court is a
civil contempt of the court. All remedies for the enforcement of
judgments apply.
(Added to NRS by 1979, 1276; A 1997, 2309)
Except as
otherwise provided in NRS 125B.140
and chapter 130 of NRS, the court has
continuing jurisdiction to modify the judgment or order as to custody,
visitation or support.
(Added to NRS by 1979, 1276; A 1983, 1873; 1987, 2251; 1997, 2309)
If, after a court issues an order
establishing the paternity 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 126.163 .
(Added to NRS by 1997, 2303; A 2005, 249 )
1. At the pretrial hearing and in further proceedings, any party
may be represented by counsel. If a party is financially unable to obtain
counsel, the court may appoint counsel to represent that party with
respect to the determination of the existence or nonexistence of the
parent and child relationship and the duty of support, including without
limitation the expenses of the mother’s pregnancy and confinement,
medical expenses for the birth of the child and support of the child from
birth until trial.
2. If a party is financially unable to pay the cost of a
transcript, the court shall furnish on request a transcript for purposes
of appeal.
(Added to NRS by 1979, 1276; A 1983, 1873)
Any hearing or
trial held under this chapter must be held in closed court without
admittance of any person other than those necessary to the action or
proceeding. All papers and records, other than the final judgment,
pertaining to the action or proceeding, whether part of the permanent
record of the court or of a file in the Division of Welfare and
Supportive Services of the Department of Health and Human Services or
elsewhere, are subject to inspection only upon consent of the court and
all interested persons, or in exceptional cases only upon an order of the
court for good cause shown.
(Added to NRS by 1979, 1276)
Upon order of a
court of this state or upon request of a court of another state, the
State Registrar of Vital Statistics shall prepare a new certificate of
birth consistent with the findings of the court and substitute the new
certificate for the original certificate of birth as provided in NRS
440.270 to 440.340 , inclusive.
(Added to NRS by 1979, 1277)
If a man who is alleged to be the father of a child in an action
brought pursuant to this chapter fails to plead or otherwise defend
against the action as provided in the Nevada Rules of Civil Procedure,
the clerk of the court shall enter his default upon a showing of proof of
service of process and any other showing required pursuant to the Nevada
Rules of Civil Procedure.
(Added to NRS by 1997, 2302)
ACTION TO DETERMINE MATERNITY
Any interested party may bring an action to determine the
existence of a mother and child relationship. Insofar as practicable, the
provisions of this chapter applicable to the father and child
relationship apply to that action.
(Added to NRS by 1979, 1276; A 1983, 1873)
PROCEEDINGS TO COMPEL SUPPORT
1. Proceedings to compel support by a nonsupporting parent may be
brought in accordance with this chapter. They are not exclusive of other
proceedings. The court may assess the usual filing fees, charges or court
costs against the nonsupporting parent and shall enforce their collection
with the other provisions of the judgment.
2. Except as otherwise provided in this subsection, when the
district attorney is requested to bring an action to compel support or an
action to determine paternity, he may charge the requester a fee of not
more than $20 for an application. This fee may not be assessed against:
(a) The State of Nevada when acting as a party to an action brought
pursuant to this chapter.
(b) Any person or agency requesting services pursuant to chapter
130 of NRS.
3. If the court finds that a parent and child relationship exists,
it may assess against the nonsupporting parent, in addition to any
support obligation ordered a reasonable collection fee. If the court
finds that the nonsupporting parent would experience a financial hardship
if required to pay the fee immediately, it may order that the fee be paid
in installments, each of which is not more than 25 percent of the support
obligation for each month.
4. All fees collected 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.
[6:87:1923; A 1933, 186; 1931 NCL § 3410]—(NRS A 1979, 1280; 1981,
1575; 1983, 261, 1874; 1997, 2309, 2310)
The complaint must
be in writing and verified by oath or affirmation of the complainant.
[10:87:1923; NCL § 3414]—(NRS A 1983, 262, 1875)
If the defendant fails to
appear, the court may proceed as if he were present and hear the
complaint. The court shall require the plaintiff to establish the facts,
and shall give full and careful consideration to all evidence presented
and the rights and claims of the plaintiff, defendant and children, and
the best interests of the child or children involved. The court shall,
upon its own findings or the verdict of the jury, make such orders as it
would make if the defendant were present.
[17:87:1923; NCL § 3421]—(NRS A 1979, 1280; 1983, 1875)
If
after the complaint has been filed, the plaintiff dies, becomes insane or
cannot be found within the jurisdiction, the proceeding does not abate,
but the child may be substituted as complainant by his guardian ad litem.
[18:87:1923; NCL § 3422]—(NRS A 1971, 803; 1979, 1280)—(Substituted
in revision for NRS 126.200)
In case of the death of
the defendant, the action to compel support may be prosecuted against the
personal representatives of the deceased with like effect as if he were
living, subject as regards the measure of support to the provisions of
this chapter. No personal representative may be required to post a bond.
[19:87:1923; NCL § 3423]—(NRS A 1979, 1280)—(Substituted in
revision for NRS 126.210)
1. The court may require the payments to be made to the custodial
parent, a public agency or a person designated by the court as trustee.
2. If the Division of Welfare and Supportive Services of the
Department of Health and Human Services has provided money for the
support of the child, the court shall direct that payment be made to the
Division as provided for in NRS 425.360 .
3. Except as otherwise provided in subsection 1 of NRS 425.410
, the payments must be made to a trustee if the custodial
parent does not reside within the jurisdiction of the court or has
assigned his right to receive support to a public agency in another state.
4. The trustee shall report to the court annually, or more often,
as directed by the court, the amounts received and paid over.
[22:87:1923; NCL § 3426]—(NRS A 1979, 1281; 1997, 2310)
MISCELLANEOUS PROVISIONS
1. Any promise in writing to furnish support for a child, growing
out of a supposed or alleged parent and child relationship, does not
require consideration and is enforceable according to its terms.
2. In the best interest of the child or the custodial parent, the
court may, and upon the promisor’s request shall, order the promise to be
kept in confidence and designate a person or agency to receive and
disburse on behalf of the child all amounts paid in performance of the
promise.
(Added to NRS by 1979, 1276; A 1983, 1875)
