USA Statutes : nevada
Title : Title 38 - PUBLIC WELFARE
Chapter : CHAPTER 425 - SUPPORT OF DEPENDENT CHILDREN
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 425.270
to 425.335 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1977, 719; A 1987, 2253; 1989, 1641; 1997, 2028,
2244)
“Administrator” means the
Administrator of the Division, or his representative.
(Added to NRS by 1977, 719; A 1989, 1641)
“Assistance” and “public assistance” mean any payment made by the
Division to or on behalf of a child pursuant to the provisions of title
38 of NRS.
(Added to NRS by 1977, 720)
“Chief” means the Chief of the
Program or his designee.
(Added to NRS by 1989, 1634)
“Court” means the district court or
any judicial or administrative procedure established in this or any other
state to facilitate the collection of an obligation for the support of a
child.
(Added to NRS by 1989, 1634; A 1997, 2244)
“Court order” means any
judgment, decree or order of a court of this or any state having
jurisdiction that orders the payment of a set or determinable amount of
support money.
(Added to NRS by 1977, 720; A 1989, 1641)
“Debt” means the amount of money owed
as support for a dependent child pursuant to:
1. An order of a court of competent jurisdiction of this or any
other state; or
2. A recommendation entered by the master pursuant to NRS 425.382
to 425.3852 , inclusive, and approved by the district
court.
(Added to NRS by 1989, 1634; A 1991, 1031; 1993, 487; 1997, 2244)
“Dependent child” means
any person, who is not otherwise emancipated, self-supporting or a member
of the Armed Forces of the United States, who is:
1. Under the age of 18 years; or
2. Under 19 years of age and who is a student in high school.
(Added to NRS by 1977, 720; A 1989, 1642)
“Division” means the Division of
Welfare and Supportive Services of the Department of Health and Human
Services.
(Added to NRS by 1977, 720)
“Enforcing authority”
means the Division, its designated representative or the prosecuting
attorney.
(Added to NRS by 1997, 2240)
“Office” means the office of the
Program.
(Added to NRS by 1989, 1634)
“Program” means the Program
established to locate absent parents, establish paternity and obtain
child support pursuant to Part D of Title IV of the Social Security Act
(42 U.S.C. §§ 651 et seq.) and other provisions of that Act relating to
the enforcement of child support.
(Added to NRS by 1989, 1634; A 1997, 2245)
“Prosecuting
attorney” means the district attorney of any county or of Carson City, or
the Attorney General when acting pursuant to NRS 425.380 .
(Added to NRS by 1977, 720)
“Responsible parent”
means the natural or adoptive parent of a dependent child, or any person
who is responsible for the support of a dependent child by law, contract
or order of a court of competent jurisdiction.
(Added to NRS by 1977, 720)
“State” has the meaning ascribed to
it in NRS 130.10179 .
(Added to NRS by 1997, 2240; A 1997, 2347)
It is the
purpose of this chapter that children be promptly maintained insofar as
possible from the resources of responsible parents. The remedies provided
in this chapter are cumulative and in addition to any other remedy
provided by law.
(Added to NRS by 1977, 723; A 1997, 2245)
To the extent they are not inconsistent
with the provisions of this chapter, the provisions of chapters 31A
, 125B and 126
of NRS apply to a hearing held pursuant to
the provisions of this chapter.
(Added to NRS by 1989, 1634; A 1997, 2245)
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, 2240; A 1997, 2347)
1. A parent has duties to support his children which include any
duty arising by law or under a court order.
2. If a court order specifically provides that no support for a
child is due, the order applies only to those facts upon which the
decision was based.
3. By accepting assistance in his own behalf or in behalf of any
other person, the applicant or recipient shall be deemed to have made an
assignment to the Division of all rights to support from any other person
which the applicant or recipient may have in his own behalf or in behalf
of any other member of the family for whom the applicant or recipient is
applying for or receiving assistance. Except as otherwise required by
federal law or as a condition to the receipt of federal money, rights to
support include, but are not limited to, accrued but unpaid payments for
support and payments for support to accrue during the period for which
assistance is provided. The amount of the assigned rights to support must
not exceed the amount of public assistance provided or to be provided. If
a court order exists for the support of a child on whose behalf public
assistance is received, the Division shall attempt to notify a located
responsible parent as soon as possible after assistance begins that the
child is receiving public assistance. If there is no court order for
support, the Division shall with service of process serve notice on the
responsible parent in the manner prescribed in subsection 2 of NRS
425.3822 within 90 days after the date
on which the responsible parent is located.
4. The recipient shall be deemed, without the necessity of signing
any document, to have appointed the Administrator as his attorney-in-fact
with power of substitution to act in his name and to endorse all drafts,
checks, money orders or other negotiable instruments representing
payments for support which are received as reimbursement for the public
assistance previously paid to or on behalf of each recipient.
5. The rights of support assigned under subsection 3 constitute a
debt for support owed to the Division by the responsible parent. The debt
for support is enforceable by any remedy provided by law. The Division,
through the prosecuting attorney, may also collect payments of support
when the amount of the rights of support exceeds the amount of the debt
for support.
6. The assignment provided for in subsection 3 is binding upon the
responsible parent upon service of notice of the assignment. After
notification, payments by the responsible parent to anyone other than the
Division must not be credited toward the satisfaction of the debt for
support. Service of notice is complete upon:
(a) The mailing, by first-class mail, of the notice to the
responsible parent at his last known address;
(b) Service of the notice in the manner provided for service of
civil process; or
(c) Actual notice.
(Added to NRS by 1977, 720; A 1981, 352; 1985, 1431; 1995, 2424;
1997, 2246)
1. Any payment of public assistance pursuant to this chapter
creates a debt for support to the Division by the responsible parent,
whether or not the parent received prior notice that his child was
receiving public assistance.
2. The Division is entitled to the amount to which a dependent
child or a person having the care, custody and control of a dependent
child would have been entitled for support, to the extent of the
assignment of those rights to support pursuant to NRS 425.350 , and may prosecute or maintain any action for
support or execute any administrative remedy existing under the laws of
this state to obtain reimbursement of money expended for public
assistance from any liable third party, including an insurer, group
health plan as defined in section 607(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.A. § 1167(1)), service benefit
plan, or health maintenance organization. If a court enters judgment for
an amount of support to be paid by a responsible parent, the Division is
entitled to the amount of the debt created by that judgment to the extent
of the assignment of rights to support pursuant to NRS 425.350 , and the judgment awarded shall be deemed to
be in favor of the Division to that extent. This entitlement applies to,
but is not limited to, a temporary order for spousal support, a family
maintenance order or an alimony order, whether or not allocated to the
benefit of the child on the basis of providing necessaries for the
caretaker of the child, up to the amount paid by the Division in public
assistance to or for the benefit of a dependent child. The Division may
petition the appropriate court for modification of its order on the same
grounds as a party to the action.
3. If there is no court order for support, or if the order
provides that no support is due but the facts on which the order was
based have changed, the amount due is the amount computed pursuant to NRS
125B.070 and 125B.080 , using the Nevada average wage, determined
by the Employment Security Division of the Department of Employment,
Training and Rehabilitation, if the gross income of the responsible
parent cannot be otherwise ascertained.
4. Debts for support may not be incurred by a parent or any other
person who is the recipient of public assistance for the benefit of a
dependent child for the period when the parent or other person is a
recipient.
(Added to NRS by 1977, 721; A 1981, 353; 1985, 1433; 1987, 2254;
1995, 2425; 1997, 2247)
1. The State Child Support Disbursement Fund is hereby created as
an agency fund, to be administered by the Chief. All money collected or
otherwise received by the enforcing authority to carry out the provisions
of 42 U.S.C. § 654b must be deposited in the Fund. The Fund is a
continuing fund without reversion. Any interest and income earned on the
money in the Fund must, after deducting any applicable charges, be
credited to the Fund.
2. If a check which is accepted for deposit in the Fund is
dishonored upon presentation for payment:
(a) The amount of the check must be charged against the Fund; and
(b) The enforcing authority shall comply with subsection 2 of NRS
425.410 .
3. The money in the Fund must be used to carry out the provisions
of 42 U.S.C. § 654b.
(Added to NRS by 1999, 823 )
The Administrator may adopt such regulations and take
such actions as are necessary to carry out the provisions of this chapter.
(Added to NRS by 1997, 2240)
1. Whenever the Division provides public assistance on behalf of a
child, the Division and the prosecuting attorney shall take appropriate
action to carry out the Program with regard to that child.
2. As to any other child, the Division and the prosecuting
attorney shall, when such action is required by the Social Security Act
(42 U.S.C. §§ 301 et seq.), take appropriate action to carry out the
Program.
(Added to NRS by 1977, 721; A 1997, 2247)
1. The district attorney is responsible for establishing paternity
and securing support pursuant to this chapter in cases referred by the
Division.
2. The Attorney General may assist any district attorney upon
request.
3. If a district attorney fails or refuses to perform this duty in
a particular case in which assistance is granted, or in which the
establishment of paternity or enforcement of support is required, the
Attorney General may undertake to perform this duty and may exercise in
connection therewith all powers of the district attorney provided by law.
(Added to NRS by 1977, 722; A 1997, 2248)
PROCEDURE FOR JUDICIAL ENFORCEMENT
1. A master must be appointed as set forth in this section.
2. The district judges of:
(a) The Family Court of the Second Judicial District shall appoint
the masters for that District, and shall establish the qualifications and
duties of those masters; and
(b) The Family Court of the Eighth Judicial District shall appoint
the masters for that District, and shall establish the qualifications and
duties of those masters.
3. The district judges of the remaining judicial districts shall
appoint the masters for those districts, and shall establish the
qualifications and duties of those masters.
4. A master serves at the pleasure of the district judges who
appointed him.
(Added to NRS by 1991, 1031; A 1993, 483, 487)
1. Except as otherwise provided in NRS 425.346 , the Chief may proceed pursuant to NRS
425.3822 to 425.3852 , inclusive, after:
(a) Payment of public assistance by the Division; or
(b) Receipt of a request for services to carry out the Program.
2. Subject to approval by the district court, a master may:
(a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in
subsection 2 of NRS 130.305 .
(b) Except as otherwise provided in chapter 130 of NRS and NRS 425.346 :
(1) Issue and enforce an order for the support of a
dependent child, and modify or adjust such an order in accordance with
NRS 125B.145 ;
(2) Require coverage for health care of a dependent child;
(3) Establish paternity;
(4) Order a responsible parent to comply with an order for
the support of a dependent child, specifying the amount and the manner of
compliance;
(5) Order the withholding of income;
(6) Determine the amount of any arrearages and specify a
method of payment;
(7) Enforce orders by civil or criminal contempt, or both;
(8) Set aside property for satisfaction of an order for the
support of a dependent child;
(9) Place liens and order execution on the property of the
responsible parent;
(10) Order a responsible parent to keep the master informed
of his current residential address, telephone number, employer, address
of employment and telephone number at the place of employment;
(11) Issue a bench warrant for a responsible parent who has
failed after proper notice to appear at a hearing ordered by the master
and enter the bench warrant in any local and state computer system for
criminal warrants;
(12) Order the responsible parent to seek appropriate
employment by specified methods;
(13) Upon the request of the Division, require a responsible
parent to:
(I) Pay any support owed in accordance with a plan
approved by the Division; or
(II) Participate in such work activities, as that term
is defined in 42 U.S.C. § 607(d), as the Division deems appropriate;
(14) Award reasonable attorney’s fees and other fees and
costs; and
(15) Grant any other available remedy.
(Added to NRS by 1989, 1641; A 1991, 1031; 1993, 487, 2067; 1997,
2248, 2249)
1. If there is no court order concerning the support of a child
entered against the parent from whom support is sought, the Chief may
issue a notice and finding of financial responsibility after the Division:
(a) Makes a payment of public assistance; or
(b) Receives a request for services to carry out the Program.
2. The notice must be served upon the parent in the manner
prescribed for service of summons in a civil action or by certified mail,
restricted delivery, with return receipt requested.
(Added to NRS by 1989, 1634; A 1991, 1338; 1995, 2425; 1997, 2250)
1. The notice and finding of financial responsibility issued
pursuant to NRS 425.3822 must include:
(a) The name of the person who has physical custody of the
dependent child and the name of the child for whom support is to be paid.
(b) A statement of the monthly support for which the parent is
responsible.
(c) A statement of the amount of arrearages sought, if any.
(d) A statement that the parent may be required to provide coverage
for the health care of the dependent child when coverage is available to
the parent at a reasonable cost.
(e) A statement of any requirements the Division will request
pursuant to subparagraph (13) of paragraph (b) of subsection 2 of NRS
425.382 , regarding a plan for the
payment of support by the parent or the participation of the parent in
work activities.
(f) A statement that if the parent desires to discuss the amount of
support or coverage for health care that the parent should be required to
pay or provide, the parent may contact the office that sent the notice
within 20 days after the date of receipt of service and request a
conference for negotiation.
(g) A statement that if the parent objects to any part of the
notice and finding of financial responsibility, the parent must send to
the office that issued the notice a written response within 20 days after
the date of receipt of service that sets forth any objections and
requests a hearing.
(h) A statement that if a response is received within the specified
period, the parent is entitled to a hearing and that if a written
response is not received within the specified period, the master may
enter a recommendation for support of a dependent child in accordance
with the notice and finding of financial responsibility.
(i) A statement that as soon as the recommendation is entered and
approved by the court, the property of the parent is subject to an
attachment or other procedure for collection, including, but not limited
to, withholding of wages, garnishment, liens and execution on liens.
(j) A reference to NRS 425.382 to
425.3852 , inclusive.
(k) A statement that the parent is responsible for notifying the
office of any change of address or employment.
(l) A statement that if the parent has any questions, the parent
may contact the office or consult an attorney.
(m) Such other information as the Chief finds appropriate.
2. The statement of the monthly support required pursuant to
paragraph (b) of subsection 1 must be computed in accordance with NRS
125B.070 .
3. After a conference for negotiation is held pursuant to
paragraph (f) of subsection 1, if an agreement is not reached on the
monthly support to be paid or the coverage to be provided, a hearing must
be held pursuant to NRS 425.3832 and
notice of the hearing must be sent to the parent by regular mail at his
last known address or to the last known address of his attorney.
(Added to NRS by 1989, 1634; A 1991, 1032; 1993, 487; 1997, 2250,
2251)
If the paternity of the dependent child has not been legally established
and a notice and finding of financial responsibility is to be served on
the alleged parent, the notice must include:
1. The information required by NRS 425.3824 .
2. An allegation that the person is the parent of the dependent
child.
3. The name of the other parent of the child.
4. The date of birth of the child.
5. The probable period during which conception took place.
6. A statement that if the alleged parent does not send to the
office issuing the notice and finding of financial responsibility a
written response that denies paternity and requests a hearing, within the
specified period, the master, without further notice to the alleged
parent, may enter a recommendation that declares and establishes the
person as the legal parent of the child.
(Added to NRS by 1989, 1635; A 1991, 1033; 1993, 487)
1. If a written response setting forth objections and requesting a
hearing is received by the office issuing the notice and finding of
financial responsibility within the specified period, a hearing must be
held pursuant to NRS 425.3832 and
notice of the hearing must be sent to the parent by regular mail.
2. If a written response and request for hearing is not received
by the office issuing the notice and finding of financial responsibility
within the specified period, the master may enter a recommendation for
the support of a dependent child in accordance with the notice and shall:
(a) Include in that recommendation:
(1) If the paternity of the dependent child is established
by the recommendation, a declaration of that fact.
(2) The amount of monthly support to be paid, including
directions concerning the manner of payment.
(3) The amount of arrearages owed.
(4) Whether coverage for health care must be provided for
the dependent child.
(5) Any requirements to be imposed pursuant to subparagraph
(13) of paragraph (b) of subsection 2 of NRS 425.382 , regarding a plan for the payment of support
by the parent or the participation of the parent in work activities.
(6) The names of the parents or legal guardians of the child.
(7) The name of the person to whom, and the name and date of
birth of the dependent child for whom support is to be paid.
(8) A statement that the property of the parent is subject
to an attachment or other procedure for collection, including, but not
limited to, withholding of wages, garnishment, liens and execution on
liens.
(9) A statement that objections to the recommendation may be
filed with the district court and served upon the other party within 10
days after receipt of the recommendation.
(b) Ensure that the social security numbers of the parents or legal
guardians of the child and the person to whom support is to be paid are:
(1) Provided to the enforcing authority.
(2) Placed in the records relating to the matter and, except
as otherwise required to carry out a specific statute, maintained in a
confidential manner.
3. The parent must be sent a copy of the recommendation for the
support of a dependent child by regular mail addressed to the last known
address of the parent, or if applicable, the last known address of the
attorney for the parent.
4. The recommendation for the support of a dependent child is
final upon approval by the district court pursuant to NRS 425.3844 . The Chief may take action to enforce and
collect upon the order of the court approving the recommendation,
including arrearages, from the date of the approval of the recommendation.
5. If a written response and request for hearing is not received
by the office issuing the notice and finding of financial responsibility
within the specified period, and the master enters a recommendation for
the support of a dependent child, the court may grant relief from the
recommendation on the grounds set forth in paragraph (b) of Rule 60 of
the Nevada Rules of Civil Procedure.
(Added to NRS by 1989, 1636; A 1991, 1033; 1993, 487; 1997, 2252,
2253; 1999, 2682 )
1. After the entry of a recommendation for the support of a
dependent child by the master that has been approved by the district
court, or after entry of an order for the support of a dependent child by
a district court regarding which the Chief is authorized to proceed
pursuant to NRS 425.382 to 425.3852
, inclusive, the responsible parent,
the person entitled to support or the enforcing authority may move for
the amount of the child support being enforced to be modified or adjusted
in accordance with NRS 125B.145 .
2. The motion must:
(a) Be in writing.
(b) Set out the reasons for the modification or adjustment.
(c) State the address of the moving party.
(d) Be served by the moving party upon the responsible parent or
the person entitled to support, as appropriate, by first-class mail to
the last known address of that person.
3. The moving party shall mail or deliver a copy of the motion and
the original return of service to the Chief.
4. The Chief shall set the matter for a hearing within 30 days
after the date of receipt of the motion unless a stipulated agreement
between the parties is reached. The Chief shall send to the parties and
person with physical custody of the dependent child a notice of the
hearing by first-class mail to the last known address of those persons.
5. A motion for modification or adjustment requested pursuant to
this section does not prohibit the Chief from enforcing and collecting
upon the existing order for support of a dependent child unless so
ordered by the district court.
6. The only support payments that may be modified or adjusted
pursuant to this section are monthly support payments that:
(a) A court of this state has jurisdiction to modify pursuant to
chapter 130 of NRS; and
(b) Accrue after the moving party serves notice that a motion has
been filed for modification or adjustment.
7. The party requesting the modification or adjustment has the
burden of showing a change of circumstances and good cause for the
modification or adjustment, unless the request is filed in accordance
with subsection 1 of NRS 125B.145 .
(Added to NRS by 1989, 1636; A 1991, 1034; 1993, 487; 1997, 2254,
2255)
1. Except as otherwise provided in this chapter, a hearing
conducted pursuant to NRS 425.382 to
425.3852 , inclusive, must be conducted
in accordance with the provisions of this section by a qualified master
appointed pursuant to NRS 425.381 .
2. Subpoenas may be issued by:
(a) The master.
(b) The attorney of record for the office.
Ê Obedience to the subpoena may be compelled in the same manner as
provided in chapter 22 of NRS. A witness
appearing pursuant to a subpoena, other than a party or an officer or
employee of the Chief, is entitled to receive the fees and payment for
mileage prescribed for a witness in a civil action.
3. Except as otherwise provided in this section, the master need
not observe strict rules of evidence, but shall apply those rules of
evidence prescribed in NRS 233B.123 .
4. The affidavit of any party who resides outside of the judicial
district is admissible as evidence regarding the duty of support, any
arrearages and the establishment of paternity. The master may continue
the hearing to allow procedures for discovery regarding any matter set
forth in the affidavit.
5. The physical presence of a person seeking the establishment,
enforcement, modification or adjustment of an order for the support of a
dependent child or the establishment of paternity is not required.
6. 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 outside of the
judicial district.
7. A copy of the record of payments for the support of a dependent
child, certified as a true copy of the original by the custodian of the
record, may be forwarded to the master. The copy is evidence of facts
asserted therein and is admissible to show whether payments were made.
8. Copies of bills for testing for paternity, and for prenatal and
postnatal health care of the mother and child, furnished to the adverse
party at least 20 days before the hearing, are admissible in evidence to
prove the amount of the charges billed and that the charges were
reasonable, necessary and customary.
9. Documentary evidence transmitted from outside of the judicial
district 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.
10. The master may permit a party or witness residing outside of
the judicial district to be deposed or to testify by telephone,
audiovisual means or other electronic means before a designated court or
at another location outside of the judicial district. The master shall
cooperate with courts outside of the judicial district in designating an
appropriate location for the deposition or testimony.
11. If a party called to testify at a hearing refuses to answer a
question on the ground that the testimony may be self-incriminating, the
master may draw an adverse inference from the refusal.
12. A privilege against the disclosure of communications between
husband and wife does not apply.
13. The defense of immunity based on the relationship of husband
and wife or parent and child does not apply.
(Added to NRS by 1989, 1637; A 1991, 1034; 1993, 487; 1997, 2256)
1. Upon issuance by a district court of an order approving a
recommendation entered by a master pursuant to NRS 425.382 to 425.3852 , inclusive, the Chief shall enforce and
collect upon the order, including arrearages.
2. A recommendation entered by a master pursuant to NRS 425.382
to 425.3852 , inclusive, is final upon approval by the
district court pursuant to NRS 425.3844 . Upon such approval, the recommendation is in
full force and effect while any judicial review is pending unless the
recommendation is stayed by the district court.
3. The district court may review, pursuant to the rules adopted
therefor by the district judges of the judicial district in which the
court is located, a recommendation entered by a master pursuant to NRS
425.382 to 425.3852 , inclusive.
(Added to NRS by 1989, 1637; A 1991, 1035; 1993, 483, 487; 1997,
2257)
Except as otherwise
required by the provisions of this chapter, a court of this state:
1. Shall not stay a proceeding or refuse a hearing pursuant to NRS
425.382 to 425.3852 , inclusive, 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 NRS 425.382 to 425.3852 , inclusive, 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, 169 )
1. After the issuance of an order for the support of a dependent
child by a court, the Chief may issue a notice of intent to enforce the
order. The notice must be served upon the responsible parent in the
manner prescribed for service of summons in a civil action or mailed to
the responsible parent by certified mail, restricted delivery, with
return receipt requested.
2. The notice must include:
(a) The names of the person to whom support is to be paid and the
dependent child for whom support is to be paid.
(b) The amount of monthly support the responsible parent is
required to pay by the order for support.
(c) A statement of the arrearages owed pursuant to the order for
support.
(d) A demand that the responsible parent make full payment to the
enforcing authority within 14 days after the receipt or service of the
notice.
(e) A statement that the responsible parent may be required to
provide coverage for the health care of the dependent child when coverage
is available to the parent at a reasonable cost.
(f) A statement of any requirements the Division will request
pursuant to subparagraph (13) of paragraph (b) of subsection 2 of NRS
425.382 , regarding a plan for the
payment of support by the responsible parent or the participation of the
responsible parent in work activities.
(g) A statement that if the responsible parent objects to any part
of the notice of intent to enforce the order, he must send to the office
that issued the notice a written response within 14 days after the date
of receipt of service that sets forth any objections and includes a
request for a hearing.
(h) A statement that if full payment is not received within 14 days
or a hearing has not been requested in the manner provided in paragraph
(g), the Chief is entitled to enforce the order and that the property of
the responsible parent is subject to an attachment or other procedure for
collection, including, but not limited to, withholding of wages,
garnishment, liens and execution on liens.
(i) A reference to NRS 425.382 to
425.3852 , inclusive.
(j) A statement that the responsible parent is responsible for
notifying the office of any change of address or employment.
(k) A statement that if the responsible parent has any questions,
he may contact the appropriate office or consult an attorney.
(l) Such other information as the Chief finds appropriate.
3. If a written response setting forth objections and requesting a
hearing is received within the specified period by the office issuing the
notice of intent to enforce the order, a hearing must be held pursuant to
NRS 425.3832 and notice of the hearing
must be sent to the responsible parent by regular mail. If a written
response and request for hearing is not received within the specified
period by the office issuing the notice, the master may enter a
recommendation for the support of a dependent child in accordance with
the notice and shall include in that recommendation:
(a) The amount of monthly support to be enforced, including
directions concerning the manner of payment.
(b) The amount of arrearages owed and the manner of payment.
(c) Whether coverage for health care must be provided for the
dependent child.
(d) Any requirements to be imposed pursuant to subparagraph (13) of
paragraph (b) of subsection 2 of NRS 425.382 , regarding a plan for the payment of support
by the parent or the participation of the parent in work activities.
(e) A statement that the property of the parent is subject to an
attachment or other procedure for collection, including, but not limited
to, the withholding of wages, garnishment, liens and execution on liens.
4. After the district court approves the recommendation for the
support of a dependent child, the recommendation is final. The Chief may
take action to enforce and collect upon the order of the court approving
the recommendation, including arrearages, from the date of the approval
of the recommendation.
5. This section does not prevent the Chief from using other
available remedies for the enforcement of an obligation for the support
of a dependent child at any time.
6. The master may hold a hearing to enforce a recommendation for
the support of a dependent child after the recommendation has been
entered and approved by the district court. The master may enter a
finding that the parent has not complied with the order of the court and
may recommend to the district court that the parent be held in contempt
of court. The finding and recommendation is effective upon review and
approval of the district court.
(Added to NRS by 1989, 1638; A 1991, 1035; 1993, 487; 1997, 2257,
2259)
1. The master may enter a recommendation establishing the
paternity of a child during a proceeding concerning the support of a
dependent child pursuant to NRS 425.382
to 425.3852 , inclusive, if both
parents sign affidavits or other sworn statements that paternity has not
been legally established and that the male parent is the father of the
child.
2. If there is only one alleged father and he does not file a
response that denies paternity and requests a hearing within the period
allowed in paragraph (g) of subsection 1 of NRS 425.3824 , the master, without further notice to the
alleged father, may enter a recommendation in accordance with NRS
425.3828 that declares and establishes
the alleged father as the legal father of the child.
3. Any recommendation entered pursuant to subsection 1 or 2 and
approved by the district court establishes legal paternity of the
dependent child for all purposes.
(Added to NRS by 1989, 1639; A 1991, 1036; 1993, 487; 1997, 2261)
1. The master shall order blood tests or tests for the genetic
identification of the child, mother and alleged father if such tests are
not ordered pursuant to NRS 425.490 and:
(a) Paternity is alleged pursuant to NRS 425.3826 and a written response denying paternity and
requesting a hearing is received by the Chief within the period allowed
in paragraph (g) of subsection 1 of NRS 425.3824 ;
(b) Any person alleges that more than one person may be the father
of the child and none of the persons alleged to be the father
acknowledges paternity of the child; or
(c) The master determines that there is a valid issue concerning
the paternity of the child.
Ê The Division shall pay the costs of any tests conducted pursuant to
this section. If the district court approves a recommendation
establishing the paternity of a child pursuant to NRS 425.3844 , the father shall reimburse the Division for
the costs of those tests.
2. If settlement is not made after the master examines the results
of the blood tests or tests for genetic identification conducted pursuant
to this section or NRS 425.490 , the
master shall make a determination of paternity based upon the evidence
presented to him.
(Added to NRS by 1989, 1639; A 1991, 1037; 1993, 487; 1997, 2261)
Upon the motion of
a party in a proceeding to establish paternity, the master shall issue a
recommendation for the temporary support of the dependent child pending
the resolution of the proceedings if the master determines that there is
clear and convincing evidence that the person to whom the recommendation
is issued is the father of the child.
(Added to NRS by 1997, 2240)
1. A recommendation entered by a master pursuant to NRS 425.382
to 425.3852 , inclusive, including a recommendation
establishing paternity, must be furnished to each party or his attorney
at the conclusion of the proceedings or as soon thereafter as possible.
2. Within 10 days after receipt of the recommendation, any party
may file with the district court and serve upon the other parties a
notice of objection to the recommendation. The notice must include:
(a) A copy of the master’s recommendation;
(b) The results of any blood tests or tests for genetic
identification examined by the master;
(c) A concise statement setting forth the reasons that the party
disagrees with the master’s recommendation, including any affirmative
defenses that must be pleaded pursuant to the Nevada Rules of Civil
Procedure;
(d) A statement of the relief requested;
(e) The notice and finding of financial responsibility if the Chief
issued such a notice and finding; and
(f) Any other relevant documents.
3. The district court shall:
(a) If a notice of objection is not filed, accept the
recommendation entered by the master, including a recommendation
establishing paternity, unless clearly erroneous, and judgment may be
entered thereon; or
(b) If a notice of objection is filed within the 10-day period,
review the matter pursuant to NRS 425.3834 .
4. A party who receives a notice of objection pursuant to
subsection 2 is not required to file an answer to that notice. The
district court shall review each objection contained in the notice.
5. If a notice of objection includes an objection to a
recommendation establishing paternity, the enforcement of any obligation
for the support of the child recommended by the master must, upon the
filing and service of the notice, be stayed until the district court
rules upon the determination of paternity. The obligation for the support
of the child continues to accrue during the consideration of the
determination of paternity and must be collected as arrears after the
completion of the trial if the court approves the recommendation of the
master.
6. If a recommendation entered by a master pursuant to NRS 425.382
to 425.3852 , inclusive, including a recommendation
establishing paternity, modifies or adjusts a previous order for support
issued by any district court in this state, that district court shall
review the recommendation and approve or reject the recommendation issued
by the master.
7. Upon approval by the district court of a recommendation entered
by a master pursuant to NRS 425.382 to
425.3852 , inclusive, including a
recommendation establishing paternity, a copy of the recommendation, with
the approval of the court endorsed thereon, must be filed:
(a) In the office of the clerk of the district court;
(b) If the order of the district court approving the recommendation
of the master modifies or adjusts a previous order issued by any district
court in this state, with the original order in the office of the clerk
of that district court; and
(c) With any court that conducts a proceeding related thereto
pursuant to the provisions of chapter 130 of
NRS.
8. A district court that approves a recommendation pursuant to
this section shall ensure that, before the recommendation is filed
pursuant to subsection 7, the social security numbers of the parents or
legal guardians of the child are:
(a) Provided to the enforcing authority.
(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.
9. Upon the approval and filing of the recommendation as provided
in subsection 7, the recommendation has the force, effect and attributes
of an order or decree of the district court, including, but not limited
to, enforcement by supplementary proceedings, contempt of court
proceedings, writs of execution, liens and writs of garnishment.
(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 484, 487; 1997,
2262; 1999, 2683 )
In addition to any other remedy
provided by law for the enforcement of support, if a recommendation for
support of a dependent child has been entered by the master, approved by
the district court and filed, the Chief may proceed in accordance with
the provisions of chapter 31A of NRS.
(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 487)
1. If at any time after service, receipt or refusal of a notice
pursuant to NRS 425.3824 and before
the filing of an order for support of a dependent child, the Chief
reasonably believes that the parent is about to transfer, encumber,
convey, sell, remove, secrete, waste or otherwise dispose of property
that could be made subject to an action for collection to satisfy the
debt, the Chief may:
(a) Certify the matter to the district court; and
(b) Request a temporary restraining order which directs that the
property not be disposed of pending entry of an order for support of a
dependent child by the district court.
2. The Chief shall file an affidavit in the case record that:
(a) States the reasons he believes the parent is about to dispose
of the property; and
(b) Includes a legal description of the property.
3. If the parent furnishes a good and sufficient bond that is
satisfactory to the court, the temporary restraining order must be
vacated.
4. A certified copy of an order entered pursuant to this section
may be recorded in the same manner as a notice of lis pendens pursuant to
paragraph (h) of subsection 1 of NRS 247.120 .
(Added to NRS by 1989, 1640)
Notwithstanding any other provision of this chapter,
the master may certify a proceeding to establish an order for support of
a dependent child or arrearages to the district court if the issues are
complex or beyond the competence of the master. The master shall enter a
temporary recommendation for support in such cases. The temporary support
must be paid to the enforcing authority and held until final resolution
of the case.
(Added to NRS by 1989, 1641; A 1991, 1038; 1993, 484, 487; 1997,
2263)
1. In a proceeding certified to the district court pursuant to the
provisions of NRS 425.3848 or 425.385
, the interests of the public must be
represented by the district attorney of the county in which the district
court sits.
2. Except as otherwise provided in subsection 1, the case may be
presented by an employee of the Program or the office of the district
attorney.
(Added to NRS by 1989, 1641; A 1997, 2263)
A
district court that enters an order pursuant to NRS 425.382 to 425.3852 , inclusive, or an order approving a
recommendation for the support of a dependent child made by a master
shall ensure that the social security numbers of the parents or legal
guardians of the child are:
1. Provided to the enforcing authority.
2. Placed in the records relating to the matter and, except as
otherwise required to carry out a specific statute, maintained in a
confidential manner.
(Added to NRS by 1997, 2244; A 1999, 169 , 2684 , 2685 ; 2001, 195 )
COLLECTION, DISSEMINATION AND USE OF INFORMATION
1. The responsible parent of a legitimate child or a child whose
paternity has been judicially determined shall complete a written
statement, under oath, of:
(a) His current monthly income and his total income over the past
12 months;
(b) The number of dependents for whom he is providing support;
(c) The amount which he is contributing regularly toward the
support of any child for whom assistance is granted;
(d) His current monthly living expenses; and
(e) Such other information as is pertinent to determining his
ability to support his children.
2. The statement must be provided upon demand made by the
Division, any agent of the state who enforces an order for the support of
a child or a prosecuting attorney. Additional statements must be filed
whenever there is a material change in the information given in the
statement required under this section.
3. Failure of the responsible parent to comply fully with this
section is a misdemeanor.
4. Any responsible parent who swears falsely to a material fact in
any written statement required by this section is guilty of perjury.
(Added to NRS by 1977, 722; A 1987, 2269)
1. The Chief may request the following information to carry out
the provisions of this chapter:
(a) The records of the following public officers and state, county
and local agencies:
(1) The State Registrar of Vital Statistics;
(2) Agencies responsible for maintaining records relating to
state and local taxes and revenue;
(3) Agencies responsible for keeping records concerning real
property and personal property for which a title must be obtained;
(4) All boards, commissions and agencies that issue
occupational or professional licenses, certificates or permits;
(5) The Secretary of State;
(6) The Employment Security Division of the Department of
Employment, Training and Rehabilitation;
(7) Agencies that administer public assistance;
(8) The Department of Motor Vehicles;
(9) The Department of Public Safety;
(10) The Department of Corrections; and
(11) Law enforcement agencies and any other agencies that
maintain records of criminal history.
(b) The names and addresses of:
(1) The customers of public utilities and community antenna
television companies; and
(2) The employers of the customers described in subparagraph
(1).
(c) Information in the possession of financial institutions
relating to the assets, liabilities and any other details of the finances
of a person.
(d) Information in the possession of a public or private employer
relating to the employment, compensation and benefits of a person
employed by the employer as an employee or independent contractor.
2. If a person or other entity fails to supply the information
requested pursuant to subsection 1, the Administrator may issue a
subpoena to compel the person or entity to provide that information. A
person or entity who fails to comply with a request made pursuant to
subsection 1 is subject to a civil penalty not to exceed $500 for each
failure to comply.
3. A disclosure made in good faith pursuant to subsection 1 does
not give rise to any action for damages for the disclosure.
(Added to NRS by 1997, 2243; A 1999, 547 ; 2001, 2608 ; 2001 Special Session, 239 ; 2003, 289 )
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. A governmental entity which issues a license to do business in
this state shall, upon request of the Division, submit to the Division
information regarding the name, address and social security number of
each natural person who holds such a license and any pertinent changes in
that information.
2. A board or commission which issues occupational or professional
licenses, certificates or permits pursuant to title 54 of NRS shall, upon
request of the Division, submit to the Division information regarding the
name, address and social security number of each person who holds such a
license, certificate or permit and any pertinent changes in that
information.
3. The Division shall periodically provide the information
obtained pursuant to this section and NRS 488.078 , 502.063 ,
503.5833 , 504.393 and 505.025
to the district attorneys and other public agencies in this state
collecting support for children.
(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520 )
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. A governmental entity which issues a license to do business in
this state shall, upon request of the Division, submit to the Division
information regarding the name, address and social security number of
each natural person who holds such a license and any pertinent changes in
that information.
2. A board or commission which issues occupational or professional
licenses, certificates or permits pursuant to title 54 of NRS shall, upon
request of the Division, submit to the Division information regarding the
name, address and social security number of each person who holds such a
license, certificate or permit and any pertinent changes in that
information.
3. The Division shall periodically provide the information
obtained pursuant to this section to the district attorneys and other
public agencies in this state collecting support for children.
(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. Each district attorney or other public agency in this state
collecting support for children shall compare the information received
pursuant to NRS 425.395 against its
cases to identify any person who is in arrears and holds such a license,
certificate or permit.
2. The district attorney or other public agency shall notify each
person so identified, by first-class mail, to give him an opportunity to
satisfy the claim before notice is given to the issuer of the license,
certificate or permit of the arrearage.
3. If the person does not satisfy the arrearage, the district
attorney or other public agency shall report the fact of the arrearage to
the issuer of the license, certificate or permit. The Division shall
similarly notify the issuer of the license, certificate or permit when
the person thereafter pays the arrearage or otherwise satisfies the claim.
(Added to NRS by 1993, 1031; A 1997, 2245)—(Substituted in revision
for NRS 425.348)
1. The Division may establish a central unit to serve as a
registry for the receipt of information, for answering inquiries
concerning responsible parents, to coordinate and supervise departmental
activities in relation to responsible parents and to ensure effective
cooperation with law enforcement agencies.
2. To effectuate the purposes of this section, the Administrator
or a prosecuting attorney may, in addition to the information the Chief
is authorized to request pursuant to NRS 425.393 , request all information and assistance as
authorized by this chapter from the following persons and entities:
(a) State, county and local agencies;
(b) Public and private employers;
(c) Employee organizations and trusts of every kind;
(d) Financial institutions and entities which are in the business
of providing credit reports; and
(e) Public utilities.
3. The persons and entities described in subsection 2 and their
officers and employees shall:
(a) Cooperate in the location of a responsible parent who has
abandoned or deserted, or is failing to support his child; and
(b) Upon the request of the Division or the prosecuting attorney,
provide all information on hand relative to the location, income and
property of such a parent.
4. A disclosure made in good faith pursuant to subsection 3 does
not give rise to any action for damages for the disclosure.
5. If a person or other entity fails to supply the information
requested pursuant to subsection 2, the Administrator or prosecuting
attorney may issue a subpoena to compel the person or entity to provide
that information. A person or entity that fails to comply with a request
made pursuant to subsection 2 is subject to a civil penalty not to exceed
$500 for each failure to comply.
6. Any record established pursuant to the provisions of this
section is available only to:
(a) The Attorney General;
(b) A district attorney;
(c) A court having jurisdiction in a paternity, support or
abandonment proceeding or action;
(d) The resident parent, legal guardian, attorney or agent of a
child who is not receiving Temporary Assistance for Needy Families
pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et
seq.); or
(e) An agency of the Federal Government or of this or any other
state as authorized by regulations of the Division adopted in accordance
with the provisions of the Social Security Act.
(Added to NRS by 1977, 722; A 1981, 353; 1993, 485, 2788; 1997,
2263, 2264)
1. The Administrator shall adopt such regulations as are required
pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et
seq.), either directly or as a condition to the receipt of federal money,
to:
(a) Protect the privacy of persons involved in any action or
proceeding for the establishment of paternity or the establishment or
enforcement of an obligation for the support of a child; and
(b) Place appropriate restrictions on the custody, preservation,
use and disclosure of any confidential information obtained by the
enforcing authority in the course of such an action or proceeding or
otherwise pursuant to this chapter.
2. The regulations adopted pursuant to this section must include,
without limitation:
(a) Safeguards against the unauthorized use or disclosure of
information relating to such an action or proceeding.
(b) Prohibitions against the release of information regarding the
location of a party to such an action or proceeding to another party:
(1) Against whom a protective order with respect to the
former party has been entered; or
(2) If the enforcing authority has reason to believe that
the release of the information may result in physical or emotional harm
to the former party.
3. Each enforcing authority shall comply with and enforce the
regulations adopted pursuant to this section.
(Added to NRS by 1997, 2240)
ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT
1. Whenever, as a result of any assignment or action, money for
the support of a dependent child is paid, such payment must be paid to
the enforcing authority upon written notice by the enforcing authority to
the responsible parent and the person who cares for and has custody and
control of the dependent child for whom a support obligation exists that
the child is receiving public assistance, or that the enforcing authority
has undertaken to secure support for the child for whom a support
obligation exists.
2. If a responsible parent makes, utters, draws or delivers to the
enforcing authority a check, draft or extension of credit for the payment
of support money that is drawn upon any financial institution or other
person when the responsible parent has no account with the drawee of the
check or draft or the issuer of the credit or has insufficient money,
property or credit with the drawee or issuer to pay the amount of the
check, draft or extension of credit, the enforcing authority shall mail
to the responsible parent, by certified mail, a demand for cash payment
in the amount of the check, draft or extension of credit. If the
responsible parent does not pay the amount demanded by the enforcing
authority within 30 days after the demand is mailed by the enforcing
authority, the enforcing authority may initiate an action to collect
damages from the responsible parent pursuant to NRS 41.620 .
3. Any damages collected pursuant to subsection 2 that exceed the
amount of the check, draft or extension of credit that was the subject of
the action must be used to offset the costs of operating the Program.
(Added to NRS by 1977, 721; A 1997, 2265)
Except as otherwise required to carry out the provisions of 42 U.S.C. §
654b, all money collected in fees, costs, attorney’s fees, interest
payments, incentive payments or other payments received by the
Administrator which cannot be identified as to the support account to
which it should be credited, must be deposited in the State General Fund.
(Added to NRS by 1977, 721; A 1999, 823 )
Except as otherwise provided in subsection 3 of NRS 425.410
, any money recovered by the enforcing
authority under this chapter must be distributed pursuant to regulations
adopted by the Division which must not disqualify this state for federal
grants under Title IV of the Social Security Act (42 U.S.C. §§ 601 et
seq.).
(Added to NRS by 1977, 722; A 1997, 2266)
Any support debt due
the Division from a responsible parent which the Administrator deems
uncollectible may be transferred from accounts receivable to a suspense
account and cease to be accounted as an asset. At any time after 1 year
from the date a support debt was incurred, the Administrator may charge
off as uncollectible any support debt upon which the Administrator finds
there is no available, practical or lawful means by which the debt may be
collected.
(Added to NRS by 1977, 722)
1. The Division shall adopt regulations establishing a formula for:
(a) The adjustment of court orders for the support of children
based upon changes in the cost of living; and
(b) The times at which such an adjustment is appropriate.
2. If a request for the review of a court order for the support of
a child has not been filed pursuant to NRS 125B.145 for such a time as the Division establishes
pursuant to subsection 1, the Chief may, as provided in this section,
order the responsible parent to pay monthly the amount he is required to
pay pursuant to the court order plus an additional amount to compensate
for changes in the cost of living.
3. Upon request by the responsible parent, the person to whom
support is owed or the enforcing authority, the Chief shall:
(a) Determine, in accordance with the formula established pursuant
to subsection 1, the amount of the additional payments; and
(b) Notify the responsible parent, by first-class mail to his last
known address, of the amount of the additional payments and that the
additional payments must be made within 30 days after the mailing of the
notice to the parent unless a request for a review of the court order is
filed pursuant to NRS 125B.145 within
that time.
4. If a request for a review of the court order:
(a) Is filed pursuant to NRS 125B.145 within those 30 days, the court shall
proceed pursuant to that section and the Chief shall not enter an order
pursuant to this section.
(b) Is not filed pursuant to NRS 125B.145 within those 30 days, the Chief shall order
the responsible parent to pay the additional amount.
5. An order entered by the Chief pursuant to this section expires
upon modification or adjustment, pursuant to NRS 125B.145 , of the court order upon which the order
entered by the Chief is based.
6. The provisions of NRS 125B.080 do not apply to the entry of an order by the
Chief pursuant to this section.
7. As used in this section, “court order” means an order that a
court of this state has jurisdiction to modify pursuant to chapter 130
of NRS.
(Added to NRS by 1997, 2241; A 1997, 2347)
1. The Administrator shall enter into agreements with financial
institutions doing business in this state to coordinate the development
and operation of a system for matching data, using automated exchanges of
data to the maximum extent feasible.
2. A financial institution doing business in this state shall:
(a) Cooperate with the Administrator in carrying out subsection 1.
(b) Use the system to provide to the Division for each calendar
quarter the name, address of record, social security number or other
number assigned for taxpayer identification, and other identifying
information for each responsible parent who maintains an account at the
financial institution, as identified by the Division by name and social
security number or other number assigned for taxpayer identification.
(c) In response to the receipt from the Division of:
(1) Notification of a lien against a responsible parent
which:
(I) Arises pursuant to NRS 125B.142 ; or
(II) Is entitled to full faith and credit pursuant to
NRS 125B.144 ,
Ê encumber such assets held by the financial institution on behalf of the
responsible parent as may be required by the Chief.
(2) A notice of attachment pursuant to subsection 2 of NRS
425.470 , surrender to the Chief such
assets held by the financial institution on behalf of the responsible
parent as may be required by the Chief.
(d) Except as otherwise provided in paragraph (c), in response to
the receipt of notice of a lien which is entitled to full faith and
credit pursuant to NRS 125B.144 or
notice of a levy on such a lien, encumber or surrender, as the case may
be, such assets held by the financial institution on behalf of the
responsible parent as may be required to enforce the lien.
Ê A financial institution doing business in this state which receives
from the Division a notice of lien, notice of attachment or notice of
levy on a lien is not required to encumber or surrender any assets
received by the financial institution on behalf of the responsible parent
after the financial institution received the notice of lien, notice of
attachment or notice of levy on a lien.
3. A financial institution may not be held liable in any civil or
criminal action for:
(a) Any disclosure of information to the Division pursuant to this
section.
(b) Encumbering or surrendering any assets held by the financial
institution pursuant to this section.
(c) Any other action taken in good faith to comply with the
requirements of this section.
4. If a court issues an order to return to a responsible parent
any assets surrendered by a financial institution pursuant to subsection
2, the Division is not liable to the responsible parent for any of those
assets that have been provided to another person or agency in accordance
with the order for the payment of support.
(Added to NRS by 1997, 2241)
1. The Chief shall send a notice by first-class mail to each
responsible parent who is in arrears in any payment for the support of
one or more children required pursuant to an order enforced by a court in
this state. The notice must include a statement of the amount of the
arrearage and the information prescribed in subsection 2.
2. If the responsible parent does not satisfy the arrearage within
20 days after he receives the notice required by subsection 1, the Chief
may, to collect the arrearage owed:
(a) Require the responsible parent to pay monthly the amount he is
required to pay pursuant to the order for support plus an additional
amount to satisfy the arrearage; or
(b) Issue a notice of attachment to the financial institutions in
which the assets of the responsible parent are held and attach and seize
such assets as are necessary to satisfy the arrearage.
3. If the Chief proceeds to collect an arrearage pursuant to
subsection 2, he shall notify the responsible parent of that fact in
writing. The notice must be sent by first-class mail.
4. The Chief shall determine the amount of any additional payment
required pursuant to paragraph (a) of subsection 2 based upon the amount
of the arrearage owed by the responsible parent and his ability to pay.
5. A responsible parent against whom the Division proceeds
pursuant to subsection 2 may, within 20 days after he receives the notice
required pursuant to subsection 3, submit to the Chief a request for a
hearing.
6. If a hearing is requested within the period prescribed in
subsection 5, the hearing must be held pursuant to NRS 425.3832 within 20 days after the Chief receives the
request. The master shall notify the responsible parent of his
recommendation or decision at the conclusion of the hearing or as soon
thereafter as is practicable.
7. For the purposes of this section, a person shall be deemed to
have received a notice 3 days after it is mailed, by first-class mail,
postage prepaid, to that person at his last known address.
(Added to NRS by 1997, 2242)
1. If the Division determines that a responsible parent has made a
fraudulent transfer of property for which an action for relief may be
brought pursuant to chapter 112 of NRS, the
Division shall:
(a) Seek to avoid the transfer pursuant to NRS 112.210 or 112.220 ;
or
(b) Obtain any other relief available pursuant to NRS 112.210
that is in the best interests of the
child for whom the support is owed.
2. The Division shall adopt regulations establishing the
procedures necessary to carry out the provisions of this section.
(Added to NRS by 1997, 2243)
1. After paternity is alleged pursuant to NRS 425.3826 , and a written response denying paternity and
requesting a hearing is received by the Chief pursuant to paragraph (g)
of subsection 1 of NRS 425.3824 , the
Chief shall order blood tests or tests for the genetic identification of
the child, mother and alleged father if the child, mother or alleged
father submits to the Chief a written statement signed under oath which:
(a) Alleges paternity and sets forth facts establishing a
reasonable possibility that the mother and the alleged father had sexual
intercourse at or about the probable time of conception; or
(b) Denies paternity and sets forth facts establishing a reasonable
possibility that the mother and the alleged father did not have sexual
intercourse at or about the probable time of conception.
2. Except as otherwise provided in subsection 3, the Division
shall pay the costs of any tests conducted pursuant to this section. If
the district court approves a recommendation establishing the paternity
of a child pursuant to NRS 425.3844 ,
the father shall reimburse the Division for the costs of those tests.
3. If the child, mother or alleged father contests the results of
a test conducted pursuant to this section, the Division shall order the
parties to submit to additional testing upon the payment of the costs of
the additional tests by the contesting party.
(Added to NRS by 1997, 2244)
SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FOR NONCOMPLIANCE WITH
CERTAIN REQUIREMENTS
[Effective until
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] As used in NRS 425.500 to 425.560 ,
inclusive, unless the context otherwise requires, “agency that issues a
professional, occupational or recreational license, certificate or
permit” means the Department of Wildlife and any officer, agency, board
or commission of this State which is prohibited by specific statute from
issuing or renewing a license, certificate or permit unless the applicant
for the issuance or renewal of that license, certificate or permit
submits to the officer, agency, board or commission the statement
prescribed by the Division pursuant to NRS 425.520 .
(Added to NRS by 1997, 2025; A 2003, 1562 ; 2005, 2807 , 2815 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.] As used in NRS 425.500 to 425.560 ,
inclusive, unless the context otherwise requires, “agency that issues a
professional or occupational license, certificate or permit pursuant to
title 54 of NRS” means any officer, agency, board or commission of this
State which has the authority to regulate a profession or occupation
pursuant to title 54 of NRS and which is prohibited by specific statute
from issuing or renewing a license, certificate or permit unless the
applicant for the issuance or renewal of that license, certificate or
permit submits to the officer, agency, board or commission the statement
prescribed by the Division pursuant to NRS 425.520 .
(Added to NRS by 1997, 2025; A 2003, 1562 ; 2005, 2804 , 2807 , 2815 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. Each district attorney or other public agency collecting
support for children shall send a notice by first-class mail to each
person who:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children.
Ê The notice must include the information set forth in subsection 2 and a
copy of the subpoena or warrant or a statement of the amount of the
arrearage.
2. If the person does not, within 30 days after he receives the
notice required by subsection 1:
(a) Comply with the subpoena or warrant;
(b) Satisfy the arrearage pursuant to NRS 425.560 ; or
(c) Submit to the district attorney or other public agency a
written request for a hearing,
Ê the district attorney or other public agency shall report the name of
that person to the Department of Motor Vehicles.
3. If a person requests a hearing within the period prescribed in
subsection 2, a hearing must be held pursuant to NRS 425.3832 . The master shall notify the person of his
recommendation at the conclusion of the hearing or as soon thereafter as
is practicable. If the master determines that the person has failed to
comply with a subpoena or warrant relating to a proceeding to determine
the paternity of a child or to establish or enforce an obligation for the
support of a child, he shall include in the notice the information set
forth in subsection 4. If the master determines that the person is in
arrears in the payment for the support of one or more children, he shall
include in the notice the information set forth in subsection 5.
4. If the master determines that a person who requested a hearing
pursuant to subsection 2 has not complied with a subpoena or warrant
relating to a proceeding to determine the paternity of a child or to
establish or enforce an obligation for the support of a child and the
district court issues an order approving the recommendation of the
master, the district attorney or other public agency shall report the
name of that person to the Department.
5. If the master determines that a person who requested a hearing
pursuant to subsection 2 is in arrears in the payment for the support of
one or more children, the master shall notify the person that if he does
not immediately agree to enter into a plan for the repayment of the
arrearages that is approved by the district attorney or other public
agency, his driver’s license and motorcycle driver’s license may be
subject to suspension. If the person does not agree to enter into such a
plan and the district court issues an order approving the recommendation
of the master, the district attorney or other public agency shall report
the name of that person to the Department of Motor Vehicles.
6. The district attorney or other public agency shall, within 5
days after the person who has failed to comply with a subpoena or warrant
or is in arrears in the payment for the support of one or more children
complies with the subpoena or warrant or satisfies the arrearage pursuant
to NRS 425.560 , notify the Department
of Motor Vehicles that the person has complied with the subpoena or
warrant or has satisfied the arrearage.
7. For the purposes of this section, a person shall be deemed to
have received a notice 3 days after it is mailed, by first-class mail,
postage prepaid, to that person at his last known address.
(Added to NRS by 1995, 949; A 1997, 2028; 1999, 520 ; 2001, 2609 )
[Effective on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. Each district attorney or other public agency collecting
support for children shall send a notice by first-class mail to each
person who is in arrears in the payment for the support of one or more
children. The notice must include the information set forth in subsection
2 and a statement of the amount of the arrearage.
2. If the person does not, within 30 days after he receives the
notice required by subsection 1:
(a) Satisfy the arrearage pursuant to subsection 6; or
(b) Submit to the district attorney or other public agency a
written request for a hearing,
Ê the district attorney or other public agency shall report the name of
that person to the Department of Motor Vehicles.
3. If a person requests a hearing within the period prescribed in
subsection 2, a hearing must be held pursuant to NRS 425.3832 . The master shall notify the person of his
recommendation at the conclusion of the hearing or as soon thereafter as
is practicable. If the master determines that the person is in arrears in
the payment for the support of one or more children, he shall include in
the notice the information set forth in subsection 4.
4. If the master determines that a person who requested a hearing
pursuant to subsection 2 is in arrears in the payment for the support of
one or more children, the master shall notify the person that if he does
not immediately agree to enter into a plan for the repayment of the
arrearages that is approved by the district attorney or other public
agency, his driver’s license and motorcycle driver’s license may be
subject to suspension. If the person does not agree to enter into such a
plan and the district court issues an order approving the recommendation
of the master, the district attorney or other public agency shall report
the name of that person to the Department of Motor Vehicles.
5. The district attorney or other public agency shall, within 5
days after the person who is in arrears in the payment for the support of
one or more children satisfies the arrearage pursuant to subsection 6,
notify the Department of Motor Vehicles that the person has satisfied the
arrearage.
6. For the purposes of this section:
(a) A person is in arrears in the payment for the support of one or
more children if:
(1) He:
(I) Owes a total of more than $1,000 for the support
of one or more children for which payment is past due; and
(II) Is delinquent for not less than 2 months in
payments for the support of one or more children or any payments ordered
by a court for arrearages in such payments; or
(2) He has failed to provide medical insurance for a child
as required by a court order.
(b) A person who is in arrears in the payment for the support of
one or more children may satisfy the arrearage by:
(1) Paying all of the past due payments;
(2) If he is unable to pay all past due payments:
(I) Paying the amounts of the overdue payments for the
preceding 12 months which a court has determined are in arrears; or
(II) Entering into and complying with a plan for the
repayment of the arrearages which is approved by the district attorney or
other public agency enforcing the order; or
(3) If the arrearage is for a failure to provide and
maintain medical insurance, providing proof that the child is covered
under a policy, contract or plan of medical insurance.
(c) A person shall be deemed to have received a notice 3 days after
it is mailed, by first-class mail, postage prepaid, to that person at his
last known address.
(Added to NRS by 1995, 949; A 1997, 2028, 2030; 1999, 520 ; 2001, 2609 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Effective until the date
of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. The Division shall prescribe, by regulation, a statement which
must be submitted to an agency that issues a professional, occupational
or recreational license, certificate or permit, other than the Department
of Wildlife, by an applicant for the issuance or renewal of such a
license, certificate or permit.
2. The statement prescribed pursuant to subsection 1 must:
(a) Provide the applicant with an opportunity to indicate that:
(1) He is not subject to a court order for the support of a
child;
(2) He is subject to a court order for the support of one or
more children and is in compliance with the order or is in compliance
with a plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed pursuant to the
order; or
(3) He is subject to a court order for the support of one or
more children and is not in compliance with the order or a plan approved
by the district attorney or other public agency enforcing the order for
the repayment of the amount owed pursuant to the order;
(b) Include a statement that the application for the issuance or
renewal of the license, certificate or permit will be denied if the
applicant does not indicate on the statement which of the provisions of
paragraph (a) applies to the applicant; and
(c) Include a space for the signature of the applicant.
(Added to NRS by 1997, 2025; A 1999, 169 ; 2003, 1563 ; 2005, 2807 , 2808 , 2815 )
[Effective on the date of
the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings and expires by limitation 2 years after that date.]
1. The Division shall prescribe, by regulation, a statement which
must be submitted to an agency that issues a professional or occupational
license, certificate or permit pursuant to title 54 of NRS by an
applicant for the issuance or renewal of such a license, certificate or
permit.
2. The statement prescribed pursuant to subsection 1 must:
(a) Provide the applicant with an opportunity to indicate that:
(1) He is not subject to a court order for the support of a
child;
(2) He is subject to a court order for the support of one or
more children and is in compliance with the order or is in compliance
with a plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed pursuant to the
order; or
(3) He is subject to a court order for the support of one or
more children and is not in compliance with the order or a plan approved
by the district attorney or other public agency enforcing the order for
the repayment of the amount owed pursuant to the order;
(b) Include a statement that the application for the issuance or
renewal of the license, certificate or permit will be denied if the
applicant does not indicate on the statement which of the provisions of
paragraph (a) applies to the applicant; and
(c) Include a space for the signature of the applicant.
(Added to NRS by 1997, 2025; A 1999, 169 ; 2003, 1563 ; 2005, 2804 , 2807 , 2808 , 2815 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Each district attorney or other public agency collecting
support for children shall send a notice by certified mail, restricted
delivery, with return receipt requested to each person who:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish, modify
or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children.
Ê The notice must include the information set forth in subsections 2 and
3 and a copy of the subpoena or warrant or a statement of the amount of
the arrearage.
2. If the person does not, within 30 days after he receives the
notice required by subsection 1:
(a) Comply with the subpoena or warrant;
(b) Satisfy the arrearage pursuant to NRS 425.560 ; or
(c) Submit to the district attorney or other public agency a
written request for a hearing,
Ê the district attorney or other public agency shall request in writing
that the master suspend all professional, occupational and recreational
licenses, certificates and permits issued to that person.
3. If the master receives from a district attorney or other public
agency a request to suspend the professional, occupational and
recreational licenses, certificates and permits issued to a person, the
master shall enter a recommendation determining whether the person:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish, modify
or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children.
Ê As soon as practicable after the master enters his recommendation, the
district attorney or other public agency shall notify the person by
first-class mail of the recommendation of the master.
4. If a person requests a hearing within the period prescribed in
subsection 2, a hearing must be held pursuant to NRS 425.3832 . The master shall notify the person of his
recommendation at the conclusion of the hearing or as soon thereafter as
is practicable.
(Added to NRS by 1997, 2026; A 2005, 2807 )
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. Each district attorney or other public agency collecting
support for children shall send a notice by certified mail, restricted
delivery, with return receipt requested to each person who is issued a
professional or occupational license, certificate or permit pursuant to
title 54 of NRS and:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish, modify
or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children.
Ê The notice must include the information set forth in subsections 2 and
3 and a copy of the subpoena or warrant or a statement of the amount of
the arrearage.
2. If the person does not, within 30 days after he receives the
notice required by subsection 1:
(a) Comply with the subpoena or warrant;
(b) Satisfy the arrearage pursuant to NRS 425.560 ; or
(c) Submit to the district attorney or other public agency a
written request for a hearing,
Ê the district attorney or other public agency shall request in writing
that the master suspend any professional or occupational license,
certificate or permit issued pursuant to title 54 of NRS to that person.
3. If the master receives from a district attorney or other public
agency a request to suspend any professional or occupational license,
certificate or permit issued pursuant to title 54 of NRS to a person, the
master shall enter a recommendation determining whether the person:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish, modify
or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children.
Ê As soon as practicable after the master enters his recommendation, the
district attorney or other public agency shall notify the person by
first-class mail of the recommendation of the master.
4. If a person requests a hearing within the period prescribed in
subsection 2, a hearing must be held pursuant to NRS 425.3832 . The master shall notify the person of his
recommendation at the conclusion of the hearing or as soon thereafter as
is practicable.
(Added to NRS by 1997, 2026; A 2005, 2805 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Effective until the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If a master enters a recommendation determining that a person:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children,
Ê and the district court issues an order approving the recommendation of
the master, the court shall provide a copy of the order to all agencies
that issue professional, occupational or recreational licenses,
certificates or permits.
2. A court order issued pursuant to subsection 1 must provide that
if the person named in the order does not, within 30 days after the date
on which the order is issued, submit to any agency that has issued a
professional, occupational or recreational license, certificate or permit
to that person a letter from the district attorney or other public agency
stating that the person has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560 , the professional, occupational or
recreational licenses issued to the person by that agency will be
automatically suspended. Such an order must not apply to a license,
certificate or permit issued by the Department of Wildlife or the State
Land Registrar if that license, certificate or permit expires less than 6
months after it is issued.
3. If a court issues an order pursuant to subsection 1, the
district attorney or other public agency shall send a notice by
first-class mail to the person who is subject to the order. The notice
must include:
(a) If the person has failed to comply with a subpoena or warrant,
a copy of the court order and a copy of the subpoena or warrant; or
(b) If the person is in arrears in the payment for the support of
one or more children:
(1) A copy of the court order;
(2) A statement of the amount of the arrearage; and
(3) A statement of the action that the person may take to
satisfy the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2026; A 2003, 1563 ; 2005, 2807 , 2815 )
[Effective on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support proceedings
and expires by limitation 2 years after that date.]
1. If a master enters a recommendation determining that a person
who is issued a professional or occupational license, certificate or
permit pursuant to title 54 of NRS:
(a) Has failed to comply with a subpoena or warrant relating to a
proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support of one or more
children,
Ê and the district court issues an order approving the recommendation of
the master, the court shall provide a copy of the order to all agencies
that issue professional or occupational licenses, certificates or permits
pursuant to title 54 of NRS.
2. A court order issued pursuant to subsection 1 must provide that
if the person named in the order does not, within 30 days after the date
on which the order is issued, submit to any agency that has issued a
professional or occupational license, certificate or permit pursuant to
title 54 of NRS to that person a letter from the district attorney or
other public agency stating that the person has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 , any professional or
occupational license, certificate or permit issued pursuant to title 54
of NRS to the person by that agency will be automatically suspended.
3. If a court issues an order pursuant to subsection 1, the
district attorney or other public agency shall send a notice by
first-class mail to the person who is subject to the order. The notice
must include:
(a) If the person has failed to comply with a subpoena or warrant,
a copy of the court order and a copy of the subpoena or warrant; or
(b) If the person is in arrears in the payment for the support of
one or more children:
(1) A copy of the court order;
(2) A statement of the amount of the arrearage; and
(3) A statement of the action that the person may take to
satisfy the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2026; A 2003, 1563 ; 2005, 2806 , 2807 , 2815 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.] The district attorney or
other public agency shall, within 5 days after a person who is subject to
a court order issued pursuant to NRS 425.540 complies with the subpoena or warrant or
satisfies the arrearage pursuant to NRS 425.560 , provide to the person who is subject to the
order a letter stating that the person has complied with the subpoena or
warrant or has satisfied the arrearage. The district attorney or other
public agency shall also mail a copy of that letter to all of the
agencies to which a copy of the order was provided pursuant to NRS
425.540 .
(Added to NRS by 1997, 2027; A 2005, 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.] The district attorney or other public agency
shall, within 5 days after a person who is issued a professional or
occupational license, certificate or permit pursuant to title 54 of NRS
and is subject to a court order issued pursuant to NRS 425.540 complies with the subpoena or warrant or
satisfies the arrearage pursuant to NRS 425.560 , provide to the person who is subject to the
order a letter stating that the person has complied with the subpoena or
warrant or has satisfied the arrearage. The district attorney or other
public agency shall also mail a copy of that letter to all of the
agencies to which a copy of the order was provided pursuant to NRS
425.540 .
(Added to NRS by 1997, 2027; A 2005, 2806 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Effective until the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.] For the purposes of NRS 425.500 to 425.560 ,
inclusive:
1. A person is in arrears in the payment for the support of one or
more children if:
(a) He:
(1) Owes a total of more than $1,000 for the support of one
or more children for which payment is past due; and
(2) Is delinquent for not less than 2 months in payments for
the support of one or more children or any payments ordered by a court
for arrearages in such payments; or
(b) He has failed to provide medical insurance for a child as
required by a court order.
2. A person who is in arrears in the payment for the support of
one or more children may satisfy the arrearage by:
(a) Paying all of the past due payments;
(b) If he is unable to pay all past due payments:
(1) Paying the amounts of the overdue payments for the
preceding 12 months which a court has determined are in arrears; or
(2) Entering into and complying with a plan for the
repayment of the arrearages which is approved by the district attorney or
other public agency enforcing the order; or
(c) If the arrearage is for a failure to provide and maintain
medical insurance, providing proof that the child is covered under a
policy, contract or plan of medical insurance.
(Added to NRS by 1997, 2027; A 2005, 2807 )
[Effective on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings and expires by limitation 2 years after that date.]
For the purposes of NRS 425.520 to
425.560 , inclusive:
1. A person who is issued a professional or occupational license,
certificate or permit pursuant to title 54 of NRS is in arrears in the
payment for the support of one or more children if:
(a) He:
(1) Owes a total of more than $1,000 for the support of one
or more children for which payment is past due; and
(2) Is delinquent for not less than 2 months in payments for
the support of one or more children or any payments ordered by a court
for arrearages in such payments; or
(b) He has failed to provide medical insurance for a child as
required by a court order.
2. A person who is in arrears in the payment for the support of
one or more children pursuant to subsection 1 may satisfy the arrearage
by:
(a) Paying all of the past due payments;
(b) If he is unable to pay all past due payments:
(1) Paying the amounts of the overdue payments for the
preceding 12 months which a court has determined are in arrears; or
(2) Entering into and complying with a plan for the
repayment of the arrearages which is approved by the district attorney or
other public agency enforcing the order; or
(c) If the arrearage is for a failure to provide and maintain
medical insurance, providing proof that the child is covered under a
policy, contract or plan of medical insurance.
(Added to NRS by 1997, 2027; A 2005, 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)