[Rev. 11/21/2013 9:43:47
AM--2013]
CHAPTER 130 - INTERJURISDICTIONAL
ENFORCEMENT OF SUPPORT
MISCELLANEOUS PROVISIONS
NRS 130.015 Requests
between states for assistance to enforce support order; maintenance of records.
NRS 130.025 Jurisdiction
by arrest.
NRS 130.035 Declaration
of foreign nation as state for purposes of chapter.
NRS 130.045 Responding
tribunals of State: Prohibition against staying proceedings or refusing hearings
under certain circumstances; duties and powers.
INTERSTATE FAMILY SUPPORT (UNIFORM ACT)
Article 1—General Provisions
NRS 130.0902 Short
title.
NRS 130.0904 Uniformity
of application and construction.
NRS 130.101 Definitions.
NRS 130.10103 “Child”
defined.
NRS 130.10107 “Child-support
order” defined.
NRS 130.10109 “Convention”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10111 “Duty
of support” defined.
NRS 130.10115 “Employer”
defined.
NRS 130.10116 “Foreign
country” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10117 “Foreign
support order” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10118 “Foreign
tribunal” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10119 “Home
state” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10119 “Home
state” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10123 “Income”
defined.
NRS 130.10127 “Income-withholding
order” defined.
NRS 130.10131 “Initiating
state” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10135 “Initiating
tribunal” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10135 “Initiating
tribunal” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10137 “Issuing
foreign country” defined. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.10139 “Issuing
state” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10139 “Issuing
state” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10143 “Issuing
tribunal” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10143 “Issuing
tribunal” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10147 “Law”
defined.
NRS 130.10151 “Obligee”
defined. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10151 “Obligee”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10155 “Obligor”
defined. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10155 “Obligor”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.101555 “Outside
this State” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10156 “Person”
defined.
NRS 130.10158 “Record”
defined.
NRS 130.10159 “Register”
defined. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10159 “Register”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10163 “Registering
tribunal” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10163 “Registering
tribunal” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10167 “Responding
state” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10167 “Responding
state” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10171 “Responding
tribunal” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10171 “Responding
tribunal” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10175 “Spousal-support
order” defined.
NRS 130.10179 “State”
defined. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10179 “State”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10183 “Support-enforcement
agency” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10183 “Support-enforcement
agency” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10187 “Support
order” defined. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10187 “Support
order” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.10191 “Tribunal”
defined. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.10191 “Tribunal”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.102 Tribunal
of state. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.102 Tribunals
and support enforcement agencies of State. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.103 Remedies
cumulative and not exclusive. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.103 Remedies
cumulative and not exclusive. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.105 Applicability
to support proceedings involving foreign orders, foreign tribunals or certain
persons residing in foreign country; limitations. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
Article 2—Jurisdiction
Extended Personal Jurisdiction
NRS 130.201 Bases
for jurisdiction over nonresident. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.201 Bases
for jurisdiction over nonresident. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.202 Continuation
of personal jurisdiction.
NRS 130.2025 Procedure
when exercising jurisdiction over nonresident in proceeding relating to support
order of foreign country or political subdivision. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
NRS 130.2025 Procedure
when exercising jurisdiction over nonresident in proceeding relating to foreign
support order. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
Proceedings Involving Two or More States
NRS 130.203 Initiating
and responding tribunal of State. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.203 Initiating
and responding tribunal of State. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.204 Simultaneous
proceedings in another state. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.204 Simultaneous
proceedings in another state or foreign country. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.205 Continuing,
exclusive jurisdiction of tribunal that has issued child-support order;
becoming initiating tribunal to request modification of child-support order.
NRS 130.2055 Continuing,
exclusive jurisdiction over spousal-support order. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
NRS 130.2055 Continuing,
exclusive jurisdiction over spousal-support order. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.206 Enforcement
and modification of child-support order by tribunal having continuing
jurisdiction. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.206 Enforcement
and modification of child-support order by tribunal having continuing
jurisdiction. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
Reconciliation of Multiple Orders
NRS 130.207 Recognition
of controlling child-support order; determination of which order controls;
request for determination; issuance of new controlling order. [Effective until
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
NRS 130.207 Recognition
of controlling child-support order; determination of which order controls;
request for determination; issuance of new controlling order. [Effective on the
date that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
NRS 130.208 Multiple
child-support orders for two or more obligees. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.208 Multiple
child-support orders for two or more obligees. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.209 Credit
for payments. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.209 Credit
for payments. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
Article 3—Civil Provisions of General Application
NRS 130.301 Proceedings
under act. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.301 Proceedings
under act. [Effective on the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.302 Action
by minor parent.
NRS 130.303 Application
of law of State.
NRS 130.304 Duties
of initiating tribunal. [Effective until the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.304 Duties
of initiating tribunal. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.305 Duties
and powers of responding tribunal. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.305 Duties
and powers of responding tribunal. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.306 Inappropriate
tribunal. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.306 Inappropriate
tribunal. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.307 Duties
of support-enforcement agency. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.307 Duties
of support-enforcement agency. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.308 Duty
of Attorney General. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.308 Duties
of Attorney General. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.309 Private
counsel.
NRS 130.310 Duties
of State Information Agency. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.310 Duties
of State Information Agency. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.311 Pleadings
and accompanying documents. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.311 Pleadings
and accompanying documents. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.312 Nondisclosure
of information in exceptional circumstances.
NRS 130.313 Costs
and fees. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.313 Costs
and fees. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.314 Limited
immunity of petitioner.
NRS 130.315 Nonparentage
as defense.
NRS 130.316 Special
rules of evidence and procedure. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.316 Special
rules of evidence and procedure. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.317 Communication
between tribunals. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.317 Communication
between tribunals. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.318 Assistance
with discovery. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.318 Assistance
with discovery. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.319 Receipt
and disbursement of payments. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.319 Receipt
and disbursements of payments. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
Article 4—Establishment of Support Order and Determination of
Parentage
NRS 130.401 Issuance
of support order. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.401 Issuance
of support order by tribunal with personal jurisdiction. [Effective on the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
NRS 130.402 Becoming
responding tribunal in proceeding to determine parentage. [Effective on the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
Article 5—Enforcement of Order of Another State Without
Registration
NRS 130.501 Delivery
of income-withholding order of another state to employer of obligor in this
State.
NRS 130.502 Employer’s
compliance with income-withholding order of another state.
NRS 130.503 Employer’s
compliance with multiple income-withholding orders.
NRS 130.504 Immunity
from civil liability. [Effective until the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.504 Immunity
from civil liability. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.505 Penalties
for noncompliance. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.505 Penalties
for noncompliance. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.506 Contest
by obligor.
NRS 130.507 Administrative
enforcement of orders. [Effective until the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.507 Administrative
enforcement of orders. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
Article 6—Enforcement and Modification of Support Order After
Registration
Registration and Enforcement of Support Order
NRS 130.601 Registration
of order for enforcement. [Effective until the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.601 Registration
of orders issued in other jurisdictions. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.602 Procedure
to register order for enforcement. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.602 Procedure
to register order for enforcement; exceptions. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.603 Effect
of registration for enforcement. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.603 Effect
of registration for enforcement. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.604 Choice
of law; statute of limitation; prospective application of law. [Effective until
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
NRS 130.604 Choice
of law; statute of limitation; prospective application of law. [Effective on
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
Contest of Validity or Enforcement
NRS 130.605 Notice
of registration of order. [Effective until the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.605 Notice
of registration of order. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.606 Procedure
to contest validity or enforcement of registered order. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
NRS 130.606 Procedure
to contest validity or enforcement of registered order. [Effective on the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
NRS 130.607 Contest
of registration or enforcement. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.607 Contest
of registration or enforcement. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.608 Confirmed
order. [Effective until the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.608 Confirmed
order. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
Registration and Modification of Child-Support Order
NRS 130.609 Procedure
to register child-support order of another state for modification. [Effective
until the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
NRS 130.609 Procedure
to register child-support order of another state for modification. [Effective
on the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
NRS 130.6095 Registration
of foreign child-support order not under the Convention for modification.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
NRS 130.610 Effect
of registration for modification. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.610 Effect
of registration for modification. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.611 Modification
of child-support order of another state. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.611 Modification
of child-support order of another state; modification of child-support order of
this State if one party resides outside this State and other party resides
outside United States. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.6115 Modification
of child-support order of foreign country or state. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the President
and the United States deposits its instrument of ratification.]
NRS 130.6115 Modification
of child-support order of foreign country. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.612 Effect
of order modified by tribunal of another state.
NRS 130.613 Jurisdiction
to modify child-support order of another state when individual parties reside
in this State. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.613 Jurisdiction
to modify child-support order of another state when individual parties reside
in this State. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.614 Notice
to issuing tribunal of modification.
Article 7—Support Proceeding Under Convention
NRS 130.701 Tribunal
of State authorized to serve as responding tribunal in proceeding to determine
parentage. [Effective until the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.7011 Definitions.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
NRS 130.7012 “Application”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
NRS 130.7013 “Central
authority” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.7014 “Convention
support order” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.7015 “Direct
request” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.7016 “Foreign
central authority” defined. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.7017 “Foreign
support agreement” defined. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.7018 “United
States central authority” defined. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.702 Proceedings
under Convention; limitations. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.703 Designated
governmental entity to perform certain functions under Convention. [Effective
on the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
NRS 130.704 Initiation
by designated governmental entity of support proceeding under Convention.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
NRS 130.705 Direct
request. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.706 Registration
of Convention support order. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.707 Contest
of registered Convention support order. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
NRS 130.708 Recognition
and enforcement of registered Convention support order. [Effective on the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the President
and the United States deposits its instrument of ratification.]
NRS 130.709 Partial
enforcement. [Effective on the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
NRS 130.710 Foreign
support agreement. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
NRS 130.711 Modification
of Convention child-support order. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
NRS 130.712 Personal
information; limit on use. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
NRS 130.713 Record
in original language; English translation. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
Article 8—Interstate Rendition
NRS 130.801 Grounds
for rendition.
NRS 130.802 Conditions
of rendition.
_________
MISCELLANEOUS PROVISIONS
NRS 130.015 Requests between states for assistance to enforce support order;
maintenance of records.
1. If a support-enforcement agency of this
state receives a request from a support-enforcement agency of another state to
enforce a support order, the support-enforcement agency of this state shall
respond to the request as required by 42 U.S.C. § 666. The request shall be
deemed to constitute a certification by the support-enforcement agency of the
other state:
(a) Of the amount of support under the order for
which payment is in arrears; and
(b) That the agency has complied with all requirements
for procedural due process applicable to the case.
2. A support-enforcement agency of this
state may, by electronic or other means, transmit to the appropriate agency of
another state a request for assistance in a case involving the enforcement of a
support order. The request must include:
(a) Such information as will enable the agency to
which the request is transmitted to compare information about the case to
information maintained in that state; and
(b) A certification by the support-enforcement
agency of this state:
(1) Of the amount of support under the
order for which payment is in arrears; and
(2) That the agency has complied with all
requirements for procedural due process applicable to the case.
3. If a support-enforcement agency of this
state provides assistance to a support-enforcement agency of another state
pursuant to subsection 1, no support-enforcement agency of this state may, for
the purposes of Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.),
consider the case to be transferred to the caseload of this state.
4. A support-enforcement agency of this
state shall maintain records of:
(a) The number of requests received from a
support-enforcement agency of another state pursuant to subsection 1;
(b) The number of cases for which the
support-enforcement agency of this state collected support in response to such
a request; and
(c) The amount of support collected in response
to such a request.
(Added to NRS by 1997, 2328; A 1997, 2349)
NRS 130.025 Jurisdiction by arrest.
1. If a tribunal of this state believes
that an obligor may flee, it may:
(a) As an initiating tribunal, request that the
responding tribunal obtain the body of the obligor by appropriate process; or
(b) As a responding tribunal, obtain the body of
the obligor by appropriate process.
2. Thereafter, the tribunal of this state
may, by appropriate process, release the obligor upon his or her own
recognizance or upon the obligor giving a bond in an amount set to ensure the
obligor’s appearance at the hearing.
[17:44:1955]—(NRS A 1969, 603; 1997, 2330)
NRS 130.035 Declaration of foreign nation as state for purposes of chapter.
1. When the Attorney General is satisfied
that reciprocal provisions will be made by any foreign country or political
subdivision for the enforcement therein of support orders made within this
State, the Attorney General may declare the foreign country or political
subdivision to be a state for the purpose of this chapter. Any such declaration
may be revoked by the Attorney General. The Attorney General may take
appropriate action to provide notification of any such declaration or
revocation.
2. As used in this section, “foreign
country or political subdivision” means a foreign sovereign nation or a
political subdivision thereof.
(Added to NRS by 1973, 900; A 1975, 244; 1997, 2332; 2007, 118)
NRS 130.045 Responding tribunals of State: Prohibition against staying
proceedings or refusing hearings under certain circumstances; duties and
powers. Except as otherwise
required by the provisions of this chapter, a responding tribunal of this
state:
1. Shall not stay a proceeding or refuse a
hearing pursuant to this chapter because of any pending or prior action or
proceeding for divorce, separation, annulment, dissolution, habeas corpus,
adoption or custody in this or any other state.
2. Shall hold a hearing pursuant to this
chapter and may issue a support order pendente lite and, in aid thereof,
require the obligor to give a bond for the prompt prosecution of the pending
proceeding.
(Added to NRS by 1999, 170)
INTERSTATE FAMILY SUPPORT (UNIFORM ACT)
Article 1—General Provisions
NRS 130.0902 Short title. NRS 130.0902 to 130.802,
inclusive, may be cited as the Uniform Interstate Family Support Act.
(Added to NRS by 1997, 2311; A 2009, 124)
NRS 130.0904 Uniformity of application and construction. In applying and construing the Uniform
Interstate Family Support Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that
enact it.
(Added to NRS by 1997, 2311; A 2007, 118)
NRS 130.101 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 130.10103 to 130.10191, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1997, 2311; A 2009, 124)
NRS 130.10103 “Child” defined. “Child”
means a natural person, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by his or her parent or who is or is
alleged to be the beneficiary of a support order directed to the parent.
(Added to NRS by 1997, 2311)
NRS 130.10107 “Child-support order” defined. “Child-support
order” means a support order for a child, including a child who has attained
the age of majority under the law of the issuing state.
(Added to NRS by 1997, 2311)
NRS 130.10109 “Convention” defined. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] “Convention”
means the Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10111 “Duty of support” defined. “Duty
of support” means an obligation imposed or imposable by law to provide support
for a child, spouse or former spouse, including an unsatisfied obligation to
provide support.
(Added to NRS by 1997, 2311)
NRS 130.10115 “Employer” defined. “Employer”
includes, but is not limited to, any person or other entity required to
withhold income pursuant to NRS 31A.010
to 31A.190, inclusive.
(Added to NRS by 1997, 2311)
NRS 130.10116 “Foreign country” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Foreign country” means a country, including a
political subdivision thereof, other than the United States, which authorizes
the issuance of support orders and:
1. Which has been declared under the law
of the United States to be a foreign reciprocating country;
2. Which has established a reciprocal
arrangement for child support with this State as provided in NRS 130.308;
3. Which has enacted a law or established
procedures for the issuance and enforcement of support orders which are
substantially similar to the procedures under this chapter; or
4. In which the Convention is in force
with respect to the United States.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10117 “Foreign support order” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Foreign support order” means a support order
of a foreign tribunal.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10118 “Foreign tribunal” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Foreign tribunal” means a court,
administrative agency or quasi-judicial entity of a foreign country which is
authorized to establish, enforce or modify support orders or to determine
parentage of a child. The term includes a competent authority under the
Convention.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10119 “Home state” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Home state” means the state in which a child
lived with a parent or a person acting as a parent for at least 6 consecutive
months immediately preceding the time of filing a petition or comparable
pleading for support and, if a child is less than 6 months old, the state in
which the child lived from birth with a parent or a person acting as a parent.
A period of temporary absence of any of those persons is counted as part of the
6-month or other period.
(Added to NRS by 1997, 2311)
NRS 130.10119 “Home state” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Home state” means
the state or foreign country in which a child lived with a parent or a person
acting as a parent for at least 6 consecutive months immediately preceding the
time of filing a petition or comparable pleading for support and, if a child is
less than 6 months old, the state or foreign country in which the child lived
from birth with a parent or a person acting as a parent. A period of temporary
absence of any of those persons is counted as part of the 6-month or other period.
(Added to NRS by 1997, 2311; A 2009, 124,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10123 “Income” defined. “Income”
includes earnings or other periodic entitlements to money from any source and
any other property subject to withholding for support under the law of this
state.
(Added to NRS by 1997, 2311)
NRS 130.10127 “Income-withholding order” defined. “Income-withholding
order” means an order or other legal process directed to an employer of an
obligor to withhold support from the income of the obligor.
(Added to NRS by 1997, 2311)
NRS 130.10131 “Initiating state” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Initiating state” means a state from which a
proceeding is forwarded or in which a proceeding is filed for forwarding to a
responding state under the Uniform Interstate Family Support Act or a law or
procedure substantially similar to that Act.
(Added to NRS by 1997, 2311; A 2007, 119; R 2009, 140,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10135 “Initiating tribunal” defined. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Initiating tribunal” means an authorized
tribunal in an initiating state.
(Added to NRS by 1997, 2312)
NRS 130.10135 “Initiating tribunal”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] “Initiating
tribunal” means the tribunal of a state or foreign country from which a
petition or comparable pleading is forwarded or in which a petition or
comparable pleading is filed for forwarding to another state or foreign
country.
(Added to NRS by 1997, 2312; A 2009, 124,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10137 “Issuing foreign country” defined. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Issuing foreign country” means the foreign
country in which a tribunal issues a support order of a judgment determining
parentage of a child.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10139 “Issuing state” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Issuing state” means a state in which a
tribunal issues a support order or renders a judgment determining parentage.
(Added to NRS by 1997, 2312)
NRS 130.10139 “Issuing state” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Issuing state”
means a state in which a tribunal issues a support order or a judgment
determining parentage of a child.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10143 “Issuing tribunal” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Issuing tribunal” means a tribunal that
issues a support order or renders a judgment determining parentage.
(Added to NRS by 1997, 2312)
NRS 130.10143 “Issuing tribunal”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] “Issuing
tribunal” means a tribunal of a state or foreign country that issues a support
order or a judgment determining parentage of a child.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of ratification)
NRS 130.10147 “Law” defined. “Law”
includes decisional and statutory law and rules and regulations having the
force of law.
(Added to NRS by 1997, 2312)
NRS 130.10151 “Obligee” defined. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] “Obligee”
means:
1. A natural person to whom a duty of
support is or is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
2. A state or political subdivision to
which the rights under a duty of support or support order have been assigned or
which has independent claims based on financial assistance provided to an
individual obligee; or
3. A natural person seeking a judgment
determining parentage of his or her child.
(Added to NRS by 1997, 2312)
NRS 130.10151 “Obligee” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Obligee” means:
1. A natural person to whom a duty of
support is or is alleged to be owed or in whose favor a support order or a
judgment determining parentage of a child has been issued;
2. A foreign country, state or political
subdivision of a state to which the rights under a duty of support or support
order have been assigned or which has independent claims based on financial
assistance provided to an individual obligee in place of child support;
3. A natural person seeking a judgment
determining parentage of his or her child; or
4. A person that is a creditor in a
proceeding under NRS 130.7011 to 130.713, inclusive.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10155 “Obligor” defined. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] “Obligor”
means a natural person, or the estate of a decedent, who:
1. Owes or is alleged to owe a duty of
support;
2. Is alleged but has not been adjudicated
to be a parent of a child; or
3. Is liable under a support order.
(Added to NRS by 1997, 2312)
NRS 130.10155 “Obligor” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Obligor” means a
natural person, or the estate of a decedent, that:
1. Owes or is alleged to owe a duty of
support;
2. Is alleged but has not been adjudicated
to be a parent of a child;
3. Is liable under a support order; or
4. Is a debtor in a proceeding under NRS 130.7011 to 130.713,
inclusive.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.101555 “Outside this State” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Outside this State” means a location in
another state or a country other than the United States, whether or not the
country is a foreign country.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10156 “Person” defined. “Person”
means a natural person, corporation, business trust, estate, trust,
partnership, limited-liability company, association, joint venture, government
or governmental subdivision, agency or instrumentality, public corporation or
any other legal or commercial entity.
(Added to NRS by 2007, 117)
NRS 130.10158 “Record” defined. “Record”
means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
(Added to NRS by 2007, 118)
NRS 130.10159 “Register” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Register” means to file a support order or
judgment determining parentage with the clerk of a district court of this
state.
(Added to NRS by 1997, 2312)
NRS 130.10159 “Register” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Register” means to
file in a tribunal of this State a support order or judgment determining
parentage of a child issued in another state or foreign country with the clerk
of a district court of this State.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10163 “Registering tribunal” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Registering tribunal” means a tribunal in
which a support order is registered.
(Added to NRS by 1997, 2312)
NRS 130.10163 “Registering tribunal”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] “Registering
tribunal” means a tribunal in which a support order or judgment determining
parentage of a child is registered.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10167 “Responding state” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Responding state” means a state in which a
proceeding is filed or to which a proceeding is forwarded for filing from an
initiating state under the Uniform Interstate Family Support Act or a law or
procedure substantially similar to that Act.
(Added to NRS by 1997, 2312; A 2007, 119)
NRS 130.10167 “Responding state”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its instrument
of ratification.] “Responding
state” means a state in which a petition or comparable pleading for support or
to determine parentage of a child is filed or to which a petition or comparable
pleading is forwarded for filing from another state or foreign country.
(Added to NRS by 1997, 2312; A 2007, 119; 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10171 “Responding tribunal” defined. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Responding tribunal” means an authorized
tribunal in a responding state.
(Added to NRS by 1997, 2312)
NRS 130.10171 “Responding tribunal”
defined. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] “Responding
tribunal” means an authorized tribunal in a responding state or foreign
country.
(Added to NRS by 1997, 2312; A 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10175 “Spousal-support order” defined. “Spousal-support
order” means a support order for a spouse or former spouse of an obligor.
(Added to NRS by 1997, 2312)
NRS 130.10179 “State” defined. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] “State”
means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States. The term includes:
1. An Indian tribe; and
2. A foreign country or political
subdivision that:
(a) Has enacted a law or established procedures
for the issuance and enforcement of support orders which are substantially
similar to the procedures established under the Uniform Interstate Family
Support Act;
(b) Is declared to be a foreign reciprocating
country or political subdivision pursuant to 42 U.S.C. § 659a; or
(c) Is declared to be a state pursuant to NRS 130.035.
(Added to NRS by 1997, 2312; A 2007, 119)
NRS 130.10179 “State” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “State” means a
state of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian nation or tribe.
(Added to NRS by 1997, 2312; A 2007, 119; 2009, 125,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10183 “Support-enforcement agency” defined. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.] “Support-enforcement agency” means a public
official or agency authorized to seek:
1. The enforcement of support orders or
laws relating to the duty of support;
2. The establishment or modification of
child support;
3. A determination of parentage;
4. The location of obligors or their
assets; or
5. A determination of the controlling
child-support order.
(Added to NRS by 1997, 2313; A 2007, 119)
NRS 130.10183 “Support-enforcement
agency” defined. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] “Support-enforcement
agency” means a public official, governmental entity or private agency
authorized to:
1. Seek enforcement of support orders or
laws relating to the duty of support;
2. Seek establishment or modification of
child support;
3. Request determination of parentage of a
child;
4. Attempt to locate obligors or their
assets; or
5. Request determination of the
controlling child-support order.
(Added to NRS by 1997, 2313; A 2007, 119; 2009, 126,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10187 “Support order” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Support order” means a judgment, decree,
order or directive, whether temporary, final or subject to modification, issued
by a tribunal for the benefit of a child, spouse or former spouse, which
provides for monetary support, health care, arrearages or reimbursement and may
include related costs and fees, interest, the withholding of income, attorney’s
fees and other relief.
(Added to NRS by 1997, 2313; A 2007, 119)
NRS 130.10187 “Support order” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Support order”
means a judgment, decree, order, decision or directive, whether temporary,
final or subject to modification, issued in a state or foreign country for the
benefit of a child, spouse or former spouse, which provides for monetary
support, health care, arrearages, retroactive support or reimbursement for
financial assistance provided to an individual obligee in place of child
support. The term may include related costs and fees, interest, the withholding
of income, automatic adjustment, reasonable attorney’s fees and other relief.
(Added to NRS by 1997, 2313; A 2007, 119; 2009, 126,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.10191 “Tribunal” defined. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Tribunal” means a court, administrative
agency or quasi-judicial entity authorized to establish, enforce or modify
support orders or to determine parentage.
(Added to NRS by 1997, 2313)
NRS 130.10191 “Tribunal” defined.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] “Tribunal” means a
court, administrative agency or quasi-judicial entity authorized to establish,
enforce or modify support orders or to determine parentage of a child.
(Added to NRS by 1997, 2313; A 2009, 126,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.102 Tribunal of state. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] The
district court and, within the limitations of authority granted pursuant to NRS 3.405, 125.005 or 425.381 to 425.3852, inclusive, a master or referee
appointed pursuant to any of those sections, are the tribunals of this state.
(Added to NRS by 1997, 2313)
NRS 130.102 Tribunals and support
enforcement agencies of State. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
1. The district court and, within the
limitations of authority granted pursuant to NRS
3.405, 125.005 or 425.381 to 425.3852, inclusive, a master or referee
appointed pursuant to any of those sections, are the tribunals of this State.
2. The support enforcement agency of this
State may include, without limitation, a court, a district attorney, a law
enforcement agency or the Division of Welfare and Supportive Services of the
Department of Health and Human Services.
(Added to NRS by 1997, 2313; A 2009, 126,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.103 Remedies cumulative and not exclusive. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the President
and the United States deposits its instrument of ratification.]
1. Remedies provided by this chapter are
cumulative and do not affect the availability of remedies under other law,
including the recognition of a support order of a foreign country or political
subdivision on the basis of comity.
2. This chapter does not:
(a) Provide the exclusive method of establishing
or enforcing a support order under the law of this State; or
(b) Grant a tribunal of this State jurisdiction
to render judgment or issue an order relating to child custody or visitation in
a proceeding under this chapter.
(Added to NRS by 1997, 2313; A 2007, 120)
NRS 130.103 Remedies cumulative and
not exclusive. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. Remedies provided by this chapter are
cumulative and do not affect the availability of remedies under other law or
the recognition of a support order on the basis of comity.
2. This chapter does not:
(a) Provide the exclusive method of establishing
or enforcing a support order under the law of this State; or
(b) Grant a tribunal of this State jurisdiction
to render judgment or issue an order relating to child custody or visitation in
a proceeding under this chapter.
(Added to NRS by 1997, 2313; A 2007, 120; 2009, 126,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.105 Applicability to support proceedings involving foreign orders,
foreign tribunals or certain persons residing in foreign country; limitations.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. A tribunal of this State shall apply
this chapter to a support proceeding involving:
(a) A foreign support order;
(b) A foreign tribunal; or
(c) An obligee, obligor or child residing in a
foreign country.
2. A tribunal of this State that is
requested to recognize and enforce a support order on the basis of comity may
apply the procedural and substantive provisions of this chapter.
3. NRS 130.7011
to 130.713, inclusive, apply only to a support
proceeding under the Convention. In such a proceeding, if a provision of NRS 130.7011 to 130.713,
inclusive, is inconsistent with any other provision of this chapter, NRS 130.7011 to 130.713,
inclusive, control.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Article 2—Jurisdiction
Extended Personal Jurisdiction
NRS 130.201 Bases for jurisdiction over nonresident. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. In a proceeding to establish or enforce
a support order or to determine parentage, a tribunal of this State may
exercise personal jurisdiction over a nonresident if:
(a) The nonresident is personally served with a
summons or other notice of the proceeding within this State;
(b) The nonresident submits to the jurisdiction
of this State by consent in a record, by entering a general appearance or by
filing a responsive document having the effect of waiving any contest to
personal jurisdiction;
(c) The nonresident resided with the child in
this State;
(d) The nonresident resided in this State and
provided prenatal expenses or support for the child;
(e) The child resides in this State as a result
of the acts or directives of the nonresident;
(f) The nonresident engaged in sexual intercourse
in this State, and the child may have been conceived by that act of
intercourse; or
(g) There is any other basis consistent with the
Constitution of this State and the Constitution of the United States for the
exercise of personal jurisdiction.
2. The bases of personal jurisdiction set
forth in subsection 1 or in any other law of this State may not be used to
acquire personal jurisdiction for a tribunal of the State to modify a child
support order of another state unless the requirements of NRS 130.611 or 130.6115
are met.
(Added to NRS by 1997, 2313; A 2007, 120)
NRS 130.201 Bases for jurisdiction
over nonresident. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. In a proceeding to establish or enforce
a support order or to determine parentage of a child, a tribunal of this State
may exercise personal jurisdiction over a nonresident if:
(a) The nonresident is personally served with a
summons or other notice of the proceeding within this State;
(b) The nonresident submits to the jurisdiction
of this State by consent in a record, by entering a general appearance or by
filing a responsive document having the effect of waiving any contest to
personal jurisdiction;
(c) The nonresident resided with the child in
this State;
(d) The nonresident resided in this State and
provided prenatal expenses or support for the child;
(e) The child resides in this State as a result
of the acts or directives of the nonresident;
(f) The nonresident engaged in sexual intercourse
in this State, and the child may have been conceived by that act of
intercourse; or
(g) There is any other basis consistent with the
Constitution of this State and the Constitution of the United States for the
exercise of personal jurisdiction.
2. The bases of personal jurisdiction set
forth in subsection 1 or in any other law of this State may not be used to
acquire personal jurisdiction for a tribunal of this State to modify a child
support order of another state unless the requirements of NRS 130.611 are met or, in the case of a foreign
support order, unless the requirements of NRS 130.6115
are met.
(Added to NRS by 1997, 2313; A 2007, 120; 2009, 127,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.202 Continuation of personal jurisdiction. Personal
jurisdiction acquired by a tribunal of this State in a proceeding under this
chapter or other law of this State relating to a support order continues as
long as a tribunal of this State has continuing and exclusive jurisdiction to
modify its order or continuing jurisdiction to enforce its order as provided by
NRS 130.205, 130.2055
and 130.206.
(Added to NRS by 1997, 2313; A 2007, 120)
NRS 130.2025 Procedure when exercising jurisdiction over nonresident in
proceeding relating to support order of foreign country or political
subdivision. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] A
tribunal of this State exercising personal jurisdiction over a nonresident in a
proceeding under this chapter or under other law of this State relating to a
support order or in a proceeding recognizing a support order of a foreign
country or political subdivision on the basis of comity may receive evidence
from another state pursuant to NRS 130.316,
communicate with a tribunal of another state pursuant to NRS
130.317 and obtain discovery through a tribunal of another state pursuant
to NRS 130.318. In all other respects, NRS 130.301 to 130.701,
inclusive, do not apply and the tribunal shall apply the procedural and
substantive law of this State.
(Added to NRS by 2007, 118)
NRS 130.2025 Procedure when exercising
jurisdiction over nonresident in proceeding relating to foreign support order.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] A tribunal of this
State exercising personal jurisdiction over a nonresident in a proceeding under
this chapter or under other law of this State relating to a support order or in
a proceeding recognizing a foreign support order may receive evidence from outside
this State pursuant to NRS 130.316, communicate
with a tribunal outside this State pursuant to NRS
130.317 and obtain discovery through a tribunal outside this State pursuant
to NRS 130.318. In all other respects, NRS 130.301 to 130.713, inclusive,
do not apply and the tribunal shall apply the procedural and substantive law of
this State.
(Added to NRS by 2007, 118; A 2009, 127,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Proceedings Involving Two or More States
NRS 130.203 Initiating and responding tribunal of State. [Effective until
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.] Under this chapter, a tribunal of this state
may serve as an initiating tribunal to forward proceedings to another state and
as a responding tribunal for proceedings initiated in another state.
(Added to NRS by 1997, 2314)
NRS 130.203 Initiating and responding
tribunal of State. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] Under
this chapter, a tribunal of this state may serve as an initiating tribunal to
forward proceedings to a tribunal of another state and as a responding tribunal
for proceedings initiated in another state or foreign country.
(Added to NRS by 1997, 2314; A 2009, 127,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.204 Simultaneous proceedings in another state. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. A tribunal of this state may exercise
jurisdiction to establish a support order if the petition or comparable
pleading is filed after a petition or comparable pleading is filed in another
state only if:
(a) The petition or comparable pleading in this
state is filed before the expiration of the time allowed in the other state for
filing a responsive pleading challenging the exercise of jurisdiction by the
other state;
(b) The contesting party challenges the exercise
of jurisdiction in the other state in a timely manner; and
(c) If relevant, this state is the home state of
the child.
2. A tribunal of this state may not
exercise jurisdiction to establish a support order if the petition or
comparable pleading is filed before a petition or comparable pleading is filed
in another state if:
(a) The petition or comparable pleading in the
other state is filed before the expiration of the time allowed in this state
for filing a responsive pleading challenging the exercise of jurisdiction by
this state;
(b) The contesting party challenges the exercise
of jurisdiction in this state in a timely manner; and
(c) If relevant, the other state is the home
state of the child.
(Added to NRS by 1997, 2314)
NRS 130.204 Simultaneous proceedings
in another state or foreign country. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
1. A tribunal of this State may exercise
jurisdiction to establish a support order if the petition or comparable pleading
is filed after a petition or comparable pleading is filed in another state or a
foreign country only if:
(a) The petition or comparable pleading in this
State is filed before the expiration of the time allowed in the other state or
the foreign country for filing a responsive pleading challenging the exercise
of jurisdiction by the other state or the foreign country;
(b) The contesting party challenges the exercise
of jurisdiction in the other state or the foreign country in a timely manner;
and
(c) If relevant, this State is the home state of
the child.
2. A tribunal of this State may not
exercise jurisdiction to establish a support order if the petition or
comparable pleading is filed before a petition or comparable pleading is filed
in another state or a foreign country if:
(a) The petition or comparable pleading in the
other state or the foreign country is filed before the expiration of the time
allowed in this State for filing a responsive pleading challenging the exercise
of jurisdiction by this State;
(b) The contesting party challenges the exercise
of jurisdiction in this State in a timely manner; and
(c) If relevant, the other state or the foreign
country is the home state of the child.
(Added to NRS by 1997, 2314; A 2009, 127,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.205 Continuing, exclusive jurisdiction of tribunal that has issued
child-support order; becoming initiating tribunal to request modification of
child-support order.
1. A tribunal of this State that has
issued a child-support order consistent with the law of this State has and
shall exercise continuing and exclusive jurisdiction to modify its
child-support order if the order is the controlling order and:
(a) At the time of the filing of a request for
modification, this State is the residence of the obligor, the obligee who is a
natural person or the child for whose benefit the support order is issued; or
(b) Even if this State is not the residence of
the obligor, the obligee who is a natural person or the child for whose benefit
the support order is issued, the parties consent in a record or in open court
that the tribunal of this State may continue to exercise jurisdiction to modify
its order.
2. A tribunal of this State that has
issued a child-support order consistent with the law of this State may not
exercise continuing and exclusive jurisdiction to modify its child-support
order if:
(a) All of the parties who are natural persons
file consent in a record with the tribunal of this State that a tribunal of
another state that has jurisdiction over at least one of the parties who is a
natural person or that is located in the state of residence of the child may
modify the order and assume continuing and exclusive jurisdiction; or
(b) Its order is not the controlling order.
3. If a tribunal of another state has
issued a child-support order pursuant to the Uniform Interstate Family Support
Act or a law substantially similar to that Act which modifies a child-support
order of a tribunal of this State, tribunals of this State shall recognize the
continuing and exclusive jurisdiction of the tribunal of the other state.
4. A tribunal of this State that lacks
continuing and exclusive jurisdiction to modify a child-support order may serve
as an initiating tribunal to request a tribunal of another state to modify a
support order issued in that state.
5. A temporary support order issued ex
parte or pending resolution of a jurisdictional conflict does not create
continuing and exclusive jurisdiction in the issuing tribunal.
(Added to NRS by 1997, 2314; A 2007, 120)
NRS 130.2055 Continuing, exclusive jurisdiction over spousal-support order.
[Effective until the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. A tribunal of this State issuing a
spousal-support order consistent with the law of this State has continuing and
exclusive jurisdiction to modify the spousal-support order throughout the
existence of the support obligation.
2. A tribunal of this State may not modify
a spousal-support order issued by a tribunal of another state having continuing
and exclusive jurisdiction over that order under the law of that state.
3. A tribunal of this State that has
continuing and exclusive jurisdiction over a spousal-support order may serve
as:
(a) An initiating tribunal to request a tribunal
of another state to enforce the spousal-support order issued in this State; or
(b) A responding tribunal to enforce or modify
its own spousal-support order.
(Added to NRS by 2007, 118)
NRS 130.2055 Continuing, exclusive
jurisdiction over spousal-support order. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. A tribunal of this State issuing a
spousal-support order consistent with the law of this State has continuing and
exclusive jurisdiction to modify the spousal-support order throughout the
existence of the support obligation.
2. A tribunal of this State may not modify
a spousal-support order issued by a tribunal of another state or a foreign
country having continuing and exclusive jurisdiction over that order under the
law of that state or foreign country.
3. A tribunal of this State that has
continuing and exclusive jurisdiction over a spousal-support order may serve
as:
(a) An initiating tribunal to request a tribunal
of another state to enforce the spousal-support order issued in this State; or
(b) A responding tribunal to enforce or modify
its own spousal-support order.
(Added to NRS by 2007, 118; A 2009, 128,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.206 Enforcement and modification of child-support order by tribunal
having continuing jurisdiction. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
1. A tribunal of this State that has
issued a child-support order consistent with the law of this State may serve as
an initiating tribunal to request a tribunal of another state to enforce:
(a) The order if the order is the controlling
order and has not been modified by a tribunal of another state that assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(b) A money judgment for arrears of support and
interest on the order accrued before a determination that an order of another
state is the controlling order.
2. A tribunal of this State having
continuing jurisdiction over a support order may act as a responding tribunal
to enforce the order.
(Added to NRS by 1997, 2315; A 2007, 122)
NRS 130.206 Enforcement and
modification of child-support order by tribunal having continuing jurisdiction.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. A tribunal of this State that has
issued a child-support order consistent with the law of this State may serve as
an initiating tribunal to request a tribunal of another state to enforce:
(a) The order if the order is the controlling
order and has not been modified by a tribunal of another state that assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(b) A money judgment for arrears of support and
interest on the order accrued before a determination that an order of a
tribunal of another state is the controlling order.
2. A tribunal of this State having
continuing jurisdiction over a support order may act as a responding tribunal
to enforce the order.
(Added to NRS by 1997, 2315; A 2007, 122; 2009, 128,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Reconciliation of Multiple Orders
NRS 130.207 Recognition of controlling child-support order; determination of
which order controls; request for determination; issuance of new controlling
order. [Effective until the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. If a proceeding is brought under this
chapter and only one tribunal has issued a child-support order, the order of
that tribunal controls and must be so recognized.
2. If a proceeding is brought under this
chapter and two or more child-support orders have been issued by tribunals of
this State or another state with regard to the same obligor and same child, a
tribunal of this State having personal jurisdiction over both the obligor and
obligee who is a natural person shall apply the following rules and by order
shall determine which child-support order controls:
(a) If only one of the tribunals would have continuing
and exclusive jurisdiction under this chapter, the order of that tribunal
controls and must be so recognized.
(b) If more than one of the tribunals would have
continuing and exclusive jurisdiction under this chapter, an order issued by a
tribunal in the current home state of the child controls, but if an order has
not been issued in the current home state of the child, the order most recently
issued controls.
(c) If none of the tribunals would have
continuing and exclusive jurisdiction under this chapter, the tribunal of this
State shall issue a child-support order which controls.
3. If two or more child-support orders
have been issued for the same obligor and same child, upon request of a party
who is a natural person or a support-enforcement agency, a tribunal of this
State having personal jurisdiction over both the obligor and the obligee who is
a natural person shall determine which order controls under subsection 2. The
request may be filed with a registration for enforcement or registration for
modification pursuant to NRS 130.601 to 130.614, inclusive, or may be filed as a separate
proceeding.
4. A request to determine which is the
controlling order must be accompanied by a copy of every child-support order in
effect and the applicable record of payments. The requesting party shall give
notice of the request to each party whose rights may be affected by the
determination.
5. The tribunal that issued the
controlling order under subsection 1, 2 or 3 has continuing jurisdiction to the
extent provided in NRS 130.205 or 130.206.
6. A tribunal of this State that
determines by order which is the controlling order under paragraph (a) or (b)
of subsection 2 or subsection 3 or that issues a new controlling order under
paragraph (c) of subsection 2 shall state in that order:
(a) The basis upon which the tribunal made its
determination;
(b) The amount of prospective support, if any;
and
(c) The total amount of consolidated arrears and
accrued interest, if any, under all of the orders after all payments made are
credited as provided by NRS 130.209.
7. Within 90 days after issuance of an
order determining which is the controlling order, the party obtaining the order
shall file a certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support-enforcement agency obtaining
the order that fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises. The
failure to file does not affect the validity or enforceability of the
controlling order.
8. An order that has been determined to be
the controlling order, or a judgment for consolidated arrears of support and
interest, if any, made pursuant to this section must be recognized in
proceedings under this chapter.
(Added to NRS by 1997, 2315; A 2007, 122)
NRS 130.207 Recognition of
controlling child-support order; determination of which order controls; request
for determination; issuance of new controlling order. [Effective on the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. If a proceeding is brought under this
chapter and only one tribunal has issued a child-support order, the order of
that tribunal controls and must be so recognized.
2. If a proceeding is brought under this
chapter and two or more child-support orders have been issued by tribunals of
this State or another state or a foreign country with regard to the same obligor
and same child, a tribunal of this State having personal jurisdiction over both
the obligor and obligee who is a natural person shall apply the following rules
and by order shall determine which child-support order controls and must be
recognized:
(a) If only one of the tribunals would have
continuing and exclusive jurisdiction under this chapter, the order of that
tribunal controls.
(b) If more than one of the tribunals would have
continuing and exclusive jurisdiction under this chapter, an order issued by a
tribunal in the current home state of the child controls, or if an order has
not been issued in the current home state of the child, the order most recently
issued controls.
(c) If none of the tribunals would have
continuing and exclusive jurisdiction under this chapter, the tribunal of this
State shall issue a child-support order which controls.
3. If two or more child-support orders
have been issued for the same obligor and same child, upon request of a party
who is a natural person or that is a support-enforcement agency, a tribunal of
this State having personal jurisdiction over both the obligor and the obligee
who is a natural person shall determine which order controls under subsection
2. The request may be filed with a registration for enforcement or registration
for modification pursuant to NRS 130.601 to 130.713, inclusive, or may be filed as a separate
proceeding.
4. A request to determine which is the
controlling order must be accompanied by a copy of every child-support order in
effect and the applicable record of payments. The requesting party shall give
notice of the request to each party whose rights may be affected by the
determination.
5. The tribunal that issued the
controlling order under subsection 1, 2 or 3 has continuing jurisdiction to the
extent provided in NRS 130.205 or 130.206.
6. A tribunal of this State that
determines by order which is the controlling order under paragraph (a) or (b)
of subsection 2 or subsection 3 or that issues a new controlling order under
paragraph (c) of subsection 2 shall state in that order:
(a) The basis upon which the tribunal made its
determination;
(b) The amount of prospective support, if any;
and
(c) The total amount of consolidated arrears and
accrued interest, if any, under all of the orders after all payments made are
credited as provided by NRS 130.209.
7. Within 90 days after issuance of an
order determining which is the controlling order, the party obtaining the order
shall file a certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support-enforcement agency obtaining
the order that fails to file a certified copy is subject to appropriate sanctions
by a tribunal in which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the controlling order.
8. An order that has been determined to be
the controlling order, or a judgment for consolidated arrears of support and
interest, if any, made pursuant to this section must be recognized in
proceedings under this chapter.
(Added to NRS by 1997, 2315; A 2007, 122; 2009, 128,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.208 Multiple child-support orders for two or more obligees.
[Effective until the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] In responding to
registrations or petitions for the enforcement of two or more child-support
orders in effect at the same time with regard to the same obligor and different
obligees who are natural persons, at least one of which was issued by a
tribunal of another state, a tribunal of this State shall enforce those orders
in the same manner as if the orders had been issued by a tribunal of this
State.
(Added to NRS by 1997, 2316; A 2007, 123)
NRS 130.208 Multiple child-support
orders for two or more obligees. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.] In
responding to registrations or petitions for the enforcement of two or more
child-support orders in effect at the same time with regard to the same obligor
and different obligees who are natural persons, at least one of which was
issued by a tribunal of another state or a foreign country, a tribunal of this
State shall enforce those orders in the same manner as if the orders had been
issued by a tribunal of this State.
(Added to NRS by 1997, 2316; A 2007, 123; 2009, 129,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.209 Credit for payments. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] A tribunal of this State shall credit amounts
collected for a particular period pursuant to any child-support order against
the amounts owed for the same period under any other child-support order for
support of the same child issued by a tribunal of this or another state.
(Added to NRS by 1997, 2316; A 2007, 123)
NRS 130.209 Credit for payments.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] A tribunal of this
State shall credit amounts collected for a particular period pursuant to any
child-support order against the amounts owed for the same period under any
other child-support order for support of the same child issued by a tribunal of
this State, another state or a foreign country.
(Added to NRS by 1997, 2316; A 2007, 123; 2009, 130,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Article 3—Civil Provisions of General Application
NRS 130.301 Proceedings under act. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. Except as otherwise provided in this
chapter, NRS 130.301 to 130.319,
inclusive, apply to all proceedings under the Uniform Interstate Family Support
Act.
2. A petitioner who is a natural person or
a support-enforcement agency may initiate a proceeding authorized under this
chapter by filing a petition in an initiating tribunal for forwarding to a
responding tribunal or by filing a petition or a comparable pleading directly
in a tribunal of another state which has or can obtain personal jurisdiction
over the respondent.
(Added to NRS by 1997, 2316; A 2007, 123)
NRS 130.301 Proceedings under act.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. Except as otherwise provided in this
chapter, NRS 130.301 to 130.319,
inclusive, apply to all proceedings under the Uniform Interstate Family Support
Act.
2. A petitioner who is a natural person or
a support-enforcement agency may initiate a proceeding authorized under this
chapter by filing a petition in an initiating tribunal for forwarding to a responding
tribunal or by filing a petition or a comparable pleading directly in a
tribunal of another state or a foreign country which has or can obtain personal
jurisdiction over the respondent.
(Added to NRS by 1997, 2316; A 2007, 123; 2009, 130,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.302 Action by minor parent. A
minor parent, or a guardian or other legal representative of a minor parent,
may maintain a proceeding on behalf of or for the benefit of the minor’s child.
(Added to NRS by 1997, 2317)
NRS 130.303 Application of law of State. Except
as otherwise provided in this chapter, a responding tribunal of this State:
1. Shall apply the procedural and
substantive law generally applicable to similar proceedings originating in this
State and may exercise all powers and provide all remedies available in those
proceedings; and
2. Shall determine the duty of support and
the amount payable in accordance with the law of this State.
(Added to NRS by 1997, 2317; A 2007, 124)
NRS 130.304 Duties of initiating tribunal. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. Upon the filing of a petition
authorized by this chapter, an initiating tribunal of this State shall forward
the petition and its accompanying documents:
(a) To the responding tribunal or appropriate
support-enforcement agency in the responding state; or
(b) If the identity of the responding tribunal is
unknown, to the state information agency of the responding state with a request
that they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
2. If requested by the responding
tribunal, a tribunal of this State shall issue a certificate or other document
and make findings required by the law of the responding state. If the
responding state is a foreign country or political subdivision, upon request
the tribunal shall specify the amount of support sought, convert that amount
into the equivalent amount in the foreign currency under the applicable
official or market exchange rate as publicly reported and provide any other
documents necessary to satisfy the requirements of the responding state.
(Added to NRS by 1997, 2317; A 2007, 124)
NRS 130.304 Duties of initiating
tribunal. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. Upon the filing of a petition
authorized by this chapter, an initiating tribunal of this State shall forward
the petition and its accompanying documents:
(a) To the responding tribunal or appropriate
support-enforcement agency in the responding state; or
(b) If the identity of the responding tribunal is
unknown, to the state information agency of the responding state with a request
that they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
2. If requested by the responding
tribunal, a tribunal of this State shall issue a certificate or other document
and make findings required by the law of the responding state. If the
responding tribunal is in a foreign country, upon request the tribunal shall
specify the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under the applicable official or market exchange
rate as publicly reported and provide any other documents necessary to satisfy
the requirements of the responding foreign tribunal.
(Added to NRS by 1997, 2317; A 2007, 124; 2009, 130,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.305 Duties and powers of responding tribunal. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. When a responding tribunal of this
State receives a petition or comparable pleading from an initiating tribunal or
directly pursuant to subsection 2 of NRS 130.301,
it shall cause the petition or pleading to be filed and notify the petitioner
where and when it was filed.
2. A responding tribunal of this State, to
the extent not prohibited by other law, may do one or more of the following:
(a) Issue or enforce a support order, modify a
child-support order, determine the controlling child-support order or determine
parentage;
(b) Order an obligor to comply with a support
order, specifying the amount and the manner of compliance;
(c) Order the withholding of income;
(d) Determine the amount of any arrearages and
specify a method of payment;
(e) Enforce orders by civil or criminal contempt,
or both;
(f) Set aside property for satisfaction of the
support order;
(g) Place liens and order execution on the
obligor’s property;
(h) Order an obligor to keep the tribunal
informed of his or her current residential address, telephone number, employer,
address of employment and telephone number at the place of employment;
(i) Issue a bench warrant for an obligor who has
failed after proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for criminal warrants;
(j) Order the obligor to seek appropriate
employment by specified methods;
(k) Award reasonable attorney’s fees and other
fees and costs; and
(l) Grant any other available remedy.
3. A responding tribunal of this State
shall include in a support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support order is based.
4. A responding tribunal of this State may
not condition the payment of a support order issued under this chapter upon
compliance by a party with provisions for visitation.
5. If a responding tribunal of this State
issues an order under this chapter, the tribunal shall send a copy of the order
to the petitioner and the respondent and to the initiating tribunal, if any.
6. If requested to enforce a support
order, arrears or judgment or modify a support order stated in a foreign
currency, a responding tribunal of this State shall convert the amount stated
in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.
(Added to NRS by 1997, 2317; A 2007, 125)
NRS 130.305 Duties and powers of
responding tribunal. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. When a responding tribunal of this
State receives a petition or comparable pleading from an initiating tribunal or
directly pursuant to subsection 2 of NRS 130.301,
it shall cause the petition or pleading to be filed and notify the petitioner
where and when it was filed.
2. A responding tribunal of this State, to
the extent not prohibited by other law, may do one or more of the following:
(a) Establish or enforce a support order, modify
a child-support order, determine the controlling child-support order or
determine parentage of a child;
(b) Order an obligor to comply with a support
order, specifying the amount and the manner of compliance;
(c) Order the withholding of income;
(d) Determine the amount of any arrearages and
specify a method of payment;
(e) Enforce orders by civil or criminal contempt,
or both;
(f) Set aside property for satisfaction of the
support order;
(g) Place liens and order execution on the
obligor’s property;
(h) Order an obligor to keep the tribunal
informed of his or her current residential address, electronic mail address,
telephone number, employer, address of employment and telephone number at the
place of employment;
(i) Issue a bench warrant for an obligor who has
failed after proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for criminal
warrants;
(j) Order the obligor to seek appropriate
employment by specified methods;
(k) Award reasonable attorney’s fees and other
fees and costs; and
(l) Grant any other available remedy.
3. A responding tribunal of this State
shall include in a support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support order is based.
4. A responding tribunal of this State may
not condition the payment of a support order issued under this chapter upon
compliance by a party with provisions for visitation.
5. If a responding tribunal of this State
issues an order under this chapter, the tribunal shall send a copy of the order
to the petitioner and the respondent and to the initiating tribunal, if any.
6. If requested to enforce a support order,
arrears or judgment or modify a support order stated in a foreign currency, a
responding tribunal of this State shall convert the amount stated in the
foreign currency to the equivalent amount in dollars under the applicable
official or market exchange rate as publicly reported.
(Added to NRS by 1997, 2317; A 2007, 125; 2009, 130,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.306 Inappropriate tribunal. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] If a petition or comparable pleading is
received by an inappropriate tribunal of this State, the tribunal shall forward
the pleading and accompanying documents to an appropriate tribunal in this
State or another state and notify the petitioner where and when the pleading
was sent.
(Added to NRS by 1997, 2318; A 2007, 125)
NRS 130.306 Inappropriate tribunal.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] If a petition or
comparable pleading is received by an inappropriate tribunal of this State, the
tribunal shall forward the pleading and accompanying documents to an
appropriate tribunal of this State or another state and notify the petitioner
where and when the pleading was sent.
(Added to NRS by 1997, 2318; A 2007, 125; 2009, 131,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.307 Duties of support-enforcement agency. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. A support-enforcement agency of this
State, upon request, shall provide services to a petitioner in a proceeding
under this chapter.
2. A support-enforcement agency of this
State that is providing services to the petitioner shall:
(a) Take all steps necessary to enable an
appropriate tribunal in this State or another state to obtain jurisdiction over
the respondent;
(b) Request an appropriate tribunal to set a
date, time and place for a hearing;
(c) Make a reasonable effort to obtain all
relevant information, including information as to the income and property of
the parties;
(d) Within 5 days, exclusive of Saturdays,
Sundays and legal holidays, after receipt of notice in a record from an
initiating, responding or registering tribunal, send a copy of the notice to
the petitioner;
(e) Within 5 days, exclusive of Saturdays,
Sundays and legal holidays, after receipt of communication in a record from the
respondent or his or her attorney, send a copy of the communication to the
petitioner; and
(f) Notify the petitioner if jurisdiction over
the respondent cannot be obtained.
3. A support-enforcement agency of this
State that requests registration of a child-support order in this State for
enforcement or for modification shall make reasonable efforts:
(a) To ensure that the order to be registered is
the controlling order; or
(b) If two or more child-support orders exist and
the identity of the controlling order has not been determined, to ensure that a
request for such a determination is made in a tribunal having jurisdiction to
do so.
4. A support-enforcement agency of this
State that requests registration and enforcement of a support order, arrears or
judgment stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the applicable
official or market exchange rate as publicly reported.
5. A support-enforcement agency of this
State shall request a tribunal of this State to issue a child-support order and
an income-withholding order that redirect payment of current support, arrears
and interest if requested to do so by a support-enforcement agency of another
state pursuant to a law similar to NRS 130.319.
6. This chapter does not create or negate
a relationship of attorney and client or other fiduciary relationship between a
support-enforcement agency or the attorney for the agency and the natural
person being assisted by the agency.
(Added to NRS by 1997, 2318; A 2007, 125)
NRS 130.307 Duties of
support-enforcement agency. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
1. A support-enforcement agency of this
State, upon request, shall provide services to a petitioner in a proceeding
under this chapter.
2. A support-enforcement agency of this
State that is providing services to the petitioner shall:
(a) Take all steps necessary to enable an
appropriate tribunal of this State, another state or a foreign country to
obtain jurisdiction over the respondent;
(b) Request an appropriate tribunal to set a date,
time and place for a hearing;
(c) Make a reasonable effort to obtain all
relevant information, including information as to the income and property of
the parties;
(d) Within 5 days, exclusive of Saturdays,
Sundays and legal holidays, after receipt of notice in a record from an
initiating, responding or registering tribunal, send a copy of the notice to
the petitioner;
(e) Within 5 days, exclusive of Saturdays,
Sundays and legal holidays, after receipt of communication in a record from the
respondent or his or her attorney, send a copy of the communication to the
petitioner; and
(f) Notify the petitioner if jurisdiction over
the respondent cannot be obtained.
3. A support-enforcement agency of this
State that requests registration of a child-support order in this State for
enforcement or for modification shall make reasonable efforts:
(a) To ensure that the order to be registered is
the controlling order; or
(b) If two or more child-support orders exist and
the identity of the controlling order has not been determined, to ensure that a
request for such a determination is made in a tribunal having jurisdiction to
do so.
4. A support-enforcement agency of this
State that requests registration and enforcement of a support order, arrears or
judgment stated in a foreign currency shall convert the amounts stated in the
foreign currency into the equivalent amounts in dollars under the applicable
official or market exchange rate as publicly reported.
5. A support-enforcement agency of this
State shall request a tribunal of this State to issue a child-support order and
an income-withholding order that redirect payment of current support, arrears
and interest if requested to do so by a support-enforcement agency of another
state pursuant to a law similar to NRS 130.319.
6. This chapter does not create or negate
a relationship of attorney and client or other fiduciary relationship between a
support-enforcement agency or the attorney for the agency and the natural
person being assisted by the agency.
(Added to NRS by 1997, 2318; A 2007, 125; 2009, 131,
effective on the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification)
NRS 130.308 Duty of Attorney General. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] If the Attorney General determines that a
support-enforcement agency is neglecting or refusing to provide services to a
natural person, the Attorney General may order the agency to perform its duties
under this chapter or may provide those services directly to the person.
(Added to NRS by 1997, 2318; A 2007, 126)
NRS 130.308 Duties of Attorney
General. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. If the Attorney General determines that
a support-enforcement agency is neglecting or refusing to provide services to a
natural person, the Attorney General may order the agency to perform its duties
under this chapter or may provide those services directly to the person.
2. The Attorney General may determine that
a foreign country has established a reciprocal arrangement for child support
with this State and take appropriate action for notification of the
determination.
(Added to NRS by 1997, 2318; A 2007, 126; 2009, 132,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.309 Private counsel. A
natural person may employ private counsel to represent him or her in
proceedings authorized by this chapter.
(Added to NRS by 1997, 2319)
NRS 130.310 Duties of State Information Agency. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. The central unit established pursuant
to NRS 425.400 is the State Information
Agency under this chapter.
2. The State Information Agency shall:
(a) Compile and maintain a current list,
including addresses, of the tribunals in this State which have jurisdiction
under this chapter and any support-enforcement agencies in this State and
transmit a copy to the state information agency of every other state;
(b) Maintain a register of names and addresses of
tribunals and support-enforcement agencies received from other states;
(c) Forward to the appropriate tribunal in the
county in this State in which an obligee who is a natural person or obligor
resides, or in which an obligor’s property is believed to be located, all
documents concerning a proceeding under this chapter received from an
initiating tribunal or the state information agency of the initiating state;
and
(d) Obtain information concerning the location of
an obligor and the obligor’s property within this State that is not exempt from
execution, by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the obligor’s
address from employers and examination of governmental records, including, to
the extent not prohibited by other law, records relating to real property,
vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses
and social security.
(Added to NRS by 1997, 2319; A 2007, 126)
NRS 130.310 Duties of State
Information Agency. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. The central unit established pursuant
to NRS 425.400 is the State Information
Agency under this chapter.
2. The State Information Agency shall:
(a) Compile and maintain a current list,
including addresses, of the tribunals in this State which have jurisdiction
under this chapter and any support-enforcement agencies in this State and
transmit a copy to the state information agency of every other state;
(b) Maintain a register of names and addresses of
tribunals and support-enforcement agencies received from other states;
(c) Forward to the appropriate tribunal in the
county in this State in which an obligee who is a natural person or obligor
resides, or in which an obligor’s property is believed to be located, all
documents concerning a proceeding under this chapter received from another
state or a foreign country; and
(d) Obtain information concerning the location of
an obligor and the obligor’s property within this State that is not exempt from
execution, by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the obligor’s
address from employers and examination of governmental records, including, to
the extent not prohibited by other law, records relating to real property,
vital statistics, law enforcement, taxation, motor vehicles, driver’s licenses
and social security.
(Added to NRS by 1997, 2319; A 2007, 126; 2009, 132,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.311 Pleadings and accompanying documents. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. In a proceeding under this chapter, a
petitioner seeking to establish a support order, to determine parentage or to
register and modify a support order of another state must file a petition.
Unless otherwise ordered pursuant to NRS 130.312,
the petition or accompanying documents must provide, so far as known, the name,
residential address and social security number of the obligor and the obligee
or the parent and alleged parent, and the name, sex, residential address,
social security number and date of birth of each child for whose benefit
support is sought or whose parentage is to be determined. Unless filed at the
time of registration, the petition must be accompanied by a copy of any support
order known to have been issued by another tribunal. The petition may include
any other information that may assist in locating or identifying the
respondent.
2. The petition must specify the relief
sought. The petition and accompanying documents must conform substantially with
the requirements imposed by the forms mandated by federal law for use in cases
filed by a support-enforcement agency.
(Added to NRS by 1997, 2319; A 2007, 127)
NRS 130.311 Pleadings and
accompanying documents. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. In a proceeding under this chapter, a
petitioner seeking to establish a support order, to determine parentage of a
child or to register and modify a support order of a tribunal of another state
or a foreign country must file a petition. Unless otherwise ordered pursuant to
NRS 130.312, the petition or accompanying documents
must provide, so far as known, the name, residential address and social
security number of the obligor and the obligee or the parent and alleged
parent, and the name, sex, residential address, social security number and date
of birth of each child for whose benefit support is sought or whose parentage
is to be determined. Unless filed at the time of registration, the petition
must be accompanied by a copy of any support order known to have been issued by
another tribunal. The petition may include any other information that may
assist in locating or identifying the respondent.
2. The petition must specify the relief
sought. The petition and accompanying documents must conform substantially with
the requirements imposed by the forms mandated by federal law for use in cases
filed by a support-enforcement agency.
(Added to NRS by 1997, 2319; A 2007, 127; 2009, 133,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.312 Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a
pleading under oath that the health, safety or liberty of a party or child
would be jeopardized by the disclosure of specific identifying information, that
information must be sealed and may not be disclosed to the other party or the
public. After a hearing in which a tribunal takes into consideration the
health, safety or liberty of the party or child, the tribunal may order
disclosure of information that the tribunal determines to be in the interest of
justice.
(Added to NRS by 1997, 2319; A 2007, 127)
NRS 130.313 Costs and fees. [Effective until the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
1. Except as otherwise required pursuant
to Section 16 of Article 6 of the
Nevada Constitution, a petitioner must not be required to pay a filing fee or
other costs.
2. If an obligee prevails, a responding
tribunal may assess against an obligor filing fees, reasonable attorney’s fees
and other costs, expenses for necessary travel and other reasonable expenses
incurred by the obligee and the witnesses of the obligee. The tribunal may not
assess fees, costs or expenses against the obligee or the support-enforcement
agency of either the initiating or the responding state, except as otherwise
provided by other law. Attorney’s fees may be taxed as costs and may be ordered
to be paid directly to the attorney, who may enforce the order in his or her
own name. Payment of support owed to the obligee has priority over fees, costs
and expenses.
3. The tribunal shall order the payment of
costs and reasonable attorney’s fees if it determines that a hearing was
requested primarily for delay. In a proceeding pursuant to NRS 130.601 to 130.614,
inclusive, a hearing is presumed to have been requested primarily for delay if
a registered support order is confirmed or enforced without change. This
presumption is subject to rebuttal.
4. All attorney’s fees and other costs and
expenses awarded to and collected by a district attorney pursuant to this
section must be deposited in the general fund of the county and an equivalent
amount must be allocated to augment the county’s program for the enforcement of
support obligations.
(Added to NRS by 1997, 2319; A 2007, 127)
NRS 130.313 Costs and fees.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. Except as otherwise required pursuant
to Section 16 of Article 6 of the
Nevada Constitution, a petitioner must not be required to pay a filing fee or
other costs.
2. If an obligee prevails, a responding
tribunal of this State may assess against an obligor filing fees, reasonable
attorney’s fees and other costs, expenses for necessary travel and other
reasonable expenses incurred by the obligee and the witnesses of the obligee.
The tribunal may not assess fees, costs or expenses against the obligee or the
support-enforcement agency of either the initiating or the responding state or
foreign country, except as otherwise provided by other law. Attorney’s fees may
be taxed as costs and may be ordered to be paid directly to the attorney, who
may enforce the order in his or her own name. Payment of support owed to the
obligee has priority over fees, costs and expenses.
3. The tribunal shall order the payment of
costs and reasonable attorney’s fees if it determines that a hearing was requested
primarily for delay. In a proceeding pursuant to NRS
130.601 to 130.713, inclusive, a hearing is
presumed to have been requested primarily for delay if a registered support
order is confirmed or enforced without change. This presumption is subject to
rebuttal.
4. All attorney’s fees and other costs and
expenses awarded to and collected by a district attorney pursuant to this
section must be deposited in the general fund of the county and an equivalent
amount must be allocated to augment the county’s program for the enforcement of
support obligations.
(Added to NRS by 1997, 2319; A 2007, 127; 2009, 133,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.314 Limited immunity of petitioner.
1. Participation by a petitioner in a
proceeding under this chapter before a responding tribunal, whether in person,
by private attorney or through services provided by a support-enforcement
agency, does not confer personal jurisdiction over the petitioner in another
proceeding.
2. A petitioner is not amenable to service
of civil process while physically present in this State to participate in a
proceeding under this chapter.
3. The immunity granted by this section
does not extend to civil litigation based on acts unrelated to a proceeding
under this chapter committed by a party while present in this State to
participate in the proceeding.
(Added to NRS by 1997, 2320; A 2007, 128)
NRS 130.315 Nonparentage as defense. A
party whose parentage of a child has been previously determined by or pursuant
to law may not plead nonparentage as a defense to a proceeding under this
chapter.
(Added to NRS by 1997, 2320)
NRS 130.316 Special rules of evidence and procedure. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. The physical presence of a nonresident
party who is a natural person in a tribunal of this State is not required for
the establishment, enforcement or modification of a support order or the
rendition of a judgment determining parentage.
2. An affidavit, a document substantially
complying with federally mandated forms or a document incorporated by reference
in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is
admissible in evidence if given under penalty of perjury by a party or witness
residing in another state.
3. A copy of the record of child-support
payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts
asserted therein and is admissible to show whether payments were made.
4. Copies of bills for testing for
parentage, and for prenatal and postnatal health care of the mother and child,
furnished to the adverse party at least 20 days before trial are admissible in
evidence to prove the amount of the charges billed and that the charges were
reasonable, necessary and customary.
5. Documentary evidence transmitted from
another state to a tribunal of this State by telephone, telecopier or other
means that do not provide an original record may not be excluded from evidence
on an objection based on the means of transmission.
6. In a proceeding under this chapter, a
tribunal of this State shall permit a party or witness residing in another
state to be deposed or to testify by telephone, audiovisual means or other
electronic means at a designated tribunal or other location in that state. A
tribunal of this State shall cooperate with tribunals of other states in
designating an appropriate location for the deposition or testimony.
7. In a civil proceeding under this
chapter, if a party called to testify refuses to answer a question on the
ground that the testimony may be self-incriminating, the trier of fact may draw
an adverse inference from the refusal.
8. A privilege against the disclosure of
communications between husband and wife does not apply in a proceeding under
this chapter.
9. The defense of immunity based on the relationship
of husband and wife or parent and child does not apply in a proceeding under
this chapter.
10. A voluntary acknowledgment of
paternity, certified as a true copy, is admissible to establish parentage of
the child.
(Added to NRS by 1997, 2320; A 2007, 128)
NRS 130.316 Special rules of evidence
and procedure. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. The physical presence of a nonresident
party who is a natural person in a tribunal of this State is not required for
the establishment, enforcement or modification of a support order or the
rendition of a judgment determining parentage of a child.
2. An affidavit, a document substantially
complying with federally mandated forms or a document incorporated by reference
in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is
admissible in evidence if given under penalty of perjury by a party or witness
residing outside this State.
3. A copy of the record of child-support
payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts
asserted therein and is admissible to show whether payments were made.
4. Copies of bills for testing for
parentage of a child, and for prenatal and postnatal health care of the mother
and child, furnished to the adverse party at least 20 days before trial are
admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary and customary.
5. Documentary evidence transmitted from
outside this State to a tribunal of this State by telephone, telecopier or
other electronic means that do not provide an original record may not be
excluded from evidence on an objection based on the means of transmission.
6. In a proceeding under this chapter, a
tribunal of this State shall permit a party or witness residing outside this
State to be deposed or to testify by telephone, audiovisual means or other
electronic means at a designated tribunal or other location. A tribunal of this
State shall cooperate with other tribunals in designating an appropriate
location for the deposition or testimony.
7. In a civil proceeding under this
chapter, if a party called to testify refuses to answer a question on the
ground that the testimony may be self-incriminating, the trier of fact may draw
an adverse inference from the refusal.
8. A privilege against the disclosure of
communications between husband and wife does not apply in a proceeding under
this chapter.
9. The defense of immunity based on the
relationship of husband and wife or parent and child does not apply in a
proceeding under this chapter.
10. A voluntary acknowledgment of
paternity, certified as a true copy, is admissible to establish parentage of
the child.
(Added to NRS by 1997, 2320; A 2007, 128; 2009, 133,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.317 Communication between tribunals. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] A tribunal of this State may communicate with
a tribunal of another state or foreign country or political subdivision in a
record, or by telephone or other means, to obtain information concerning the
laws of that state or foreign country or political subdivision, the legal
effect of a judgment, decree or order of that tribunal, and the status of a
proceeding in the other state or foreign country or political subdivision. A
tribunal of this State may furnish similar information by similar means to a
tribunal of another state or foreign country or political subdivision.
(Added to NRS by 1997, 2321; A 2007, 129)
NRS 130.317 Communication between
tribunals. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] A
tribunal of this State may communicate with a tribunal outside this State in a
record, or by telephone, electronic mail or other means, to obtain information
concerning the laws of that state or foreign country or political subdivision,
the legal effect of a judgment, decree or order of that tribunal, and the
status of a proceeding. A tribunal of this State may furnish similar
information by similar means to a tribunal outside this State.
(Added to NRS by 1997, 2321; A 2007, 129; 2009, 134,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.318 Assistance with discovery. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] A tribunal of this state may:
1. Request a tribunal of another state to
assist in obtaining discovery; and
2. Upon request, compel a person over whom
it has jurisdiction to respond to a discovery order issued by a tribunal of
another state.
(Added to NRS by 1997, 2321)
NRS 130.318 Assistance with
discovery. [Effective on the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] A
tribunal of this State may:
1. Request a tribunal outside this State
to assist in obtaining discovery; and
2. Upon request, compel a person over
which it has jurisdiction to respond to a discovery order issued by a tribunal
outside this State.
(Added to NRS by 1997, 2321; A 2009, 134,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.319 Receipt and disbursement of payments. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. A support-enforcement agency or
tribunal of this State shall disburse promptly any amounts received pursuant to
a support order, as directed by the order. The agency or tribunal shall furnish
to a requesting party or tribunal of another state a certified statement by the
custodian of the record of the amounts and dates of all payments received.
2. If neither the obligor, nor the obligee
who is a natural person, nor the child resides in this State, upon request from
a support-enforcement agency of this State or another state, a tribunal of this
State shall:
(a) Direct that the support payment be made to
the support-enforcement agency in the state in which the obligee is receiving
services; and
(b) Issue and send to the employer of the obligor
a conforming income-withholding order or an administrative notice of change of
payee, reflecting the redirected payments.
3. A support-enforcement agency of this
State receiving redirected payments from another state pursuant to a law
similar to subsection 2 shall furnish to a requesting party or tribunal of the
other state a certified statement by the custodian of the record of the amount
and dates of all payments received.
(Added to NRS by 1997, 2321; A 2007, 129)
NRS 130.319 Receipt and disbursements
of payments. [Effective on the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. A support-enforcement agency or
tribunal of this State shall disburse promptly any amounts received pursuant to
a support order, as directed by the order. The agency or tribunal shall furnish
to a requesting party or tribunal of another state or a foreign country a
certified statement by the custodian of the record of the amounts and dates of
all payments received.
2. If neither the obligor, nor the obligee
who is a natural person, nor the child resides in this State, upon request from
a support-enforcement agency of this State or another state, a tribunal of this
State shall:
(a) Direct that the support payment be made to
the support-enforcement agency in the state in which the obligee is receiving
services; and
(b) Issue and send to the employer of the obligor
a conforming income-withholding order or an administrative notice of change of
payee, reflecting the redirected payments.
3. A support-enforcement agency of this
State receiving redirected payments from another state pursuant to a law
similar to subsection 2 shall furnish to a requesting party or tribunal of the
other state a certified statement by the custodian of the record of the amount and
dates of all payments received.
(Added to NRS by 1997, 2321; A 2007, 129; 2009, 134,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Article 4—Establishment of Support Order and Determination
of Parentage
NRS 130.401 Issuance of support order. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. If a support order entitled to
recognition under this chapter has not been issued, a responding tribunal of
this State may issue a support order if:
(a) The natural person seeking the order resides
in another state; or
(b) The support-enforcement agency seeking the
order is located in another state.
2. The tribunal may issue a temporary
child-support order if the tribunal determines that such an order is
appropriate and the natural person ordered to pay is:
(a) A presumed father of the child under
subsection 1 of NRS 126.051;
(b) Petitioning to have his paternity
adjudicated;
(c) Identified as the father of the child through
genetic testing;
(d) An alleged father who has declined to submit
to genetic testing;
(e) Shown by clear and convincing evidence to be
the father of the child;
(f) An acknowledged father as provided by NRS 126.053;
(g) The mother of the child; or
(h) A natural person who has been ordered to pay
child support in a previous proceeding and the order has not been reversed or
vacated.
3. Upon finding, after notice and opportunity
to be heard, that an obligor owes a duty of support, the tribunal shall issue a
support order directed to the obligor and may issue other orders pursuant to NRS 130.305.
(Added to NRS by 1997, 2321; A 2007, 129)
NRS 130.401 Issuance of support order
by tribunal with personal jurisdiction. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. If a support order entitled to
recognition under this chapter has not been issued, a responding tribunal of
this State with personal jurisdiction over the parties may issue a support
order if:
(a) The natural person seeking the order resides
outside this State; or
(b) The support-enforcement agency seeking the
order is located outside this State.
2. The tribunal may issue a temporary child-support
order if the tribunal determines that such an order is appropriate and the
natural person ordered to pay is:
(a) A presumed father of the child under
subsection 1 of NRS 126.051;
(b) Petitioning to have his paternity
adjudicated;
(c) Identified as the father of the child through
genetic testing;
(d) An alleged father who has declined to submit
to genetic testing;
(e) Shown by clear and convincing evidence to be
the father of the child;
(f) An acknowledged father as provided by NRS 126.053;
(g) The mother of the child; or
(h) A natural person who has been ordered to pay
child support in a previous proceeding and the order has not been reversed or
vacated.
3. Upon finding, after notice and
opportunity to be heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may issue other orders
pursuant to NRS 130.305.
(Added to NRS by 1997, 2321; A 2007, 129; 2009, 135,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.402 Becoming responding tribunal in proceeding to determine
parentage. [Effective on the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] A
tribunal of this State authorized to determine parentage of a child may serve
as a responding tribunal in a proceeding to determine parentage of a child
brought under this chapter or a law or procedure substantially similar to this
chapter.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Article 5—Enforcement of Order of Another State Without
Registration
NRS 130.501 Delivery of income-withholding order of another state to
employer of obligor in this State. An
income-withholding order issued in another state may be sent by or on behalf of
the obligee or by a support-enforcement agency to an employer of an obligor in
this State without first filing a petition or comparable pleading or
registering the order with a tribunal of this State.
(Added to NRS by 1997, 2322; A 2007, 130)
NRS 130.502 Employer’s compliance with income-withholding order of another
state.
1. Upon receipt of an income-withholding
order, an employer of an obligor shall immediately provide a copy of the order
to the obligor.
2. The employer shall treat an
income-withholding order issued in another state that appears regular on its
face as if it had been issued by a tribunal of this State.
3. Except as otherwise provided in
subsection 4 and NRS 130.503, the employer shall
withhold and distribute the money as directed in the withholding order by
complying with terms of the order which specify:
(a) The duration and amount of periodic payments
of current child support, stated as a sum certain;
(b) The person designated to receive payments and
the address to which the payments are to be forwarded;
(c) Requirements for medical support, whether in
the form of periodic cash payment, stated as a sum certain, or ordering the
obligor to provide health insurance coverage for the child under a policy
available through the obligor’s employment;
(d) The amount of periodic payments of fees and
costs for a support-enforcement agency, the issuing tribunal and the obligee’s
attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages
and interest on arrearages, stated as sums certain.
4. An employer shall comply with the law
of the state of the obligor’s principal place of employment for withholding
from income with respect to:
(a) The employer’s fee for processing an
income-withholding order;
(b) The maximum amount permitted to be withheld
from the obligor’s income;
(c) The times within which the employer must
implement the withholding order and forward the child-support payment; and
(d) Any terms or conditions of withholding not
specified in the withholding order.
(Added to NRS by 1997, 2322; A 2007, 130)
NRS 130.503 Employer’s compliance with multiple income-withholding orders. If an employer of an obligor receives two or
more income-withholding orders with respect to the earnings of the same
obligor, the employer satisfies the terms of the orders if the employer
complies with the law of the state of the obligor’s principal place of
employment to establish the priorities for withholding and allocating income
withheld for two or more child-support obligees.
(Added to NRS by 1997, 2322; A 2007, 131)
NRS 130.504 Immunity from civil liability. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] An employer who complies with an
income-withholding order issued in another state in accordance with NRS 130.501 to 130.507,
inclusive, is not subject to civil liability to a natural person or agency with
regard to the withholding of child support by the employer from the income of
the obligor.
(Added to NRS by 1997, 2323)
NRS 130.504 Immunity from civil
liability. [Effective on the date that the provisions of The Hague Convention
on the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.] An
employer that complies with an income-withholding order issued in another state
in accordance with NRS 130.501 to 130.507, inclusive, is not subject to civil liability
to a natural person or agency with regard to the withholding of child support
by the employer from the income of the obligor.
(Added to NRS by 1997, 2323; A 2009, 135,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.505 Penalties for noncompliance. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] An employer who willfully fails to comply with
an income-withholding order issued by another state and received for
enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
(Added to NRS by 1997, 2323)
NRS 130.505 Penalties for
noncompliance. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] An
employer who willfully fails to comply with an income-withholding order issued
in another state and received for enforcement is subject to the same penalties
that may be imposed for noncompliance with an order issued by a tribunal of
this State.
(Added to NRS by 1997, 2323; A 2009, 135,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.506 Contest by obligor.
1. An obligor may contest the validity or
enforcement of an income-withholding order issued in another state and received
directly by an employer in this State by registering the order in a tribunal of
this State and filing a contest to that order as provided in NRS 130.601 to 130.713,
inclusive, or otherwise contesting the order in the same manner as if the order
had been issued by a tribunal of this State.
2. The obligor shall give notice of the
contest to:
(a) A support-enforcement agency providing
services to the obligee;
(b) Each employer that has directly received an
income-withholding order relating to the obligor; and
(c) The person designated to receive payments in
the income-withholding order, or if no person is designated, to the obligee.
3. The obligor has the burden of proving
one or more of the following defenses:
(a) The tribunal that issued the order lacked
personal jurisdiction over the obligor;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, stayed
or modified by a later order; or
(d) There is a mistake of fact as to the amount
of the order or the identity of the obligor.
4. The provisions of NRS 130.604 apply to the contest. If the tribunal
determines:
(a) Any of the defenses presented pursuant to
subsection 3 in favor of the obligor, it shall issue an order to stay the
withholding.
(b) None of the defenses presented pursuant to
subsection 3 in favor of the obligor, it shall order the employer to proceed
with the withholding, and may assess costs and attorney’s fees against the
obligor.
5. The tribunal shall provide the parties
and employer with notice of its decision within 45 days after the obligor
received a copy of the order pursuant to NRS 130.502.
(Added to NRS by 1997, 2323; A 2007, 131)
NRS 130.507 Administrative enforcement of orders. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. A party or support-enforcement agency
seeking to enforce a support order or an income-withholding order, or both,
issued by a tribunal of another state may send the documents required for
registering the order to a support-enforcement agency of this State.
2. Upon receipt of the documents, the
support-enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative procedure authorized
by the law of this State to enforce a support order or an income-withholding
order, or both. If the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support-enforcement agency shall
register the order pursuant to this chapter.
(Added to NRS by 1997, 2323; A 2007, 131)
NRS 130.507 Administrative
enforcement of orders. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. A party or support-enforcement agency
seeking to enforce a support order or an income-withholding order, or both,
issued in another state or a foreign support order may send the documents
required for registering the order to a support-enforcement agency of this
State.
2. Upon receipt of the documents, the
support-enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative procedure authorized
by the law of this State to enforce a support order or an income-withholding
order, or both. If the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support-enforcement agency shall
register the order pursuant to this chapter.
(Added to NRS by 1997, 2323; A 2007, 131; 2009, 136,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Article 6—Enforcement and Modification of Support Order
After Registration
Registration and Enforcement of Support Order
NRS 130.601 Registration of order for enforcement. [Effective until the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.] A support order or income-withholding order
issued by a tribunal of another state may be registered in this State for enforcement.
(Added to NRS by 1997, 2324; A 2007, 132)
NRS 130.601 Registration of orders
issued in other jurisdictions. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.] A
support order or income-withholding order issued in another state or a foreign
support order may be registered in this State for enforcement.
(Added to NRS by 1997, 2324; A 2007, 132; 2009, 136,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.602 Procedure to register order for enforcement. [Effective until
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
1. A support order or income-withholding
order of another state may be registered in this State by sending the following
records and information to the appropriate tribunal in this State:
(a) A letter of transmittal requesting
registration and enforcement;
(b) Two copies, including one certified copy, of
the order to be registered, including any modification of the order;
(c) A sworn statement by the person requesting
registration or a certified statement by the custodian of the records showing
the amount of any arrearage;
(d) The name of the obligor and, if known:
(1) The address and social security number
of the obligor;
(2) The name and address of the employer
of the obligor and any other source of income of the obligor; and
(3) A description and the location of
property of the obligor in this State that is not exempt from execution; and
(e) Except as otherwise provided in NRS 130.312, the name and address of the obligee and,
if applicable, the person to whom support payments are to be remitted.
2. On receipt of a request for
registration, the registering tribunal shall cause the order to be filed as a
foreign judgment, together with one copy of the documents and information, regardless
of their form.
3. A petition or comparable pleading
seeking a remedy that must be affirmatively sought under other law of this
State may be filed at the same time as the request for registration or later.
The pleading must specify the grounds for the remedy sought.
4. If two or more orders are in effect,
the person requesting registration shall:
(a) Furnish to the tribunal a copy of every
support order asserted to be in effect in addition to the documents specified
in this section;
(b) Specify the order alleged to be the
controlling order, if any; and
(c) Specify the amount of consolidated arrears,
if any.
5. A request for a determination of which
is the controlling order may be filed separately or with a request for
registration and enforcement or for registration and modification. The person
requesting registration shall give notice of the request to each party whose
rights may be affected by the determination.
(Added to NRS by 1997, 2324; A 2007, 132)
NRS 130.602 Procedure to register
order for enforcement; exceptions. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.]
1. Except as otherwise provided in NRS 130.706, a support order or income-withholding
order of another state or a foreign support order may be registered in this
State by sending the following records to the appropriate tribunal of this
State:
(a) A letter of transmittal requesting
registration and enforcement;
(b) Two copies, including one certified copy, of
the order to be registered, including any modification of the order;
(c) A sworn statement by the person requesting
registration or a certified statement by the custodian of the records showing
the amount of any arrearage;
(d) The name of the obligor and, if known:
(1) The address and social security number
of the obligor;
(2) The name and address of the employer
of the obligor and any other source of income of the obligor; and
(3) A description and the location of
property of the obligor in this State that is not exempt from execution; and
(e) Except as otherwise provided in NRS 130.312, the name and address of the obligee and,
if applicable, the person to whom support payments are to be remitted.
2. On receipt of a request for
registration, the registering tribunal shall cause the order to be filed as an
order of another state or a foreign country, together with one copy of the
documents and information, regardless of their form.
3. A petition or comparable pleading seeking
a remedy that must be affirmatively sought under other law of this State may be
filed at the same time as the request for registration or later. The pleading
must specify the grounds for the remedy sought.
4. If two or more orders are in effect,
the person requesting registration shall:
(a) Furnish to the tribunal a copy of every
support order asserted to be in effect in addition to the documents specified
in this section;
(b) Specify the order alleged to be the
controlling order, if any; and
(c) Specify the amount of consolidated arrears,
if any.
5. A request for a determination of which
is the controlling order may be filed separately or with a request for
registration and enforcement or for registration and modification. The person
requesting registration shall give notice of the request to each party whose
rights may be affected by the determination.
(Added to NRS by 1997, 2324; A 2007, 132; 2009, 136,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.603 Effect of registration for enforcement. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. A support order or income-withholding
order issued in another state is registered when the order is filed in the
registering tribunal of this State.
2. A registered order issued in another
state is enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this State.
3. Except as otherwise provided in NRS 130.601 to 130.614,
inclusive, a tribunal of this State shall recognize and enforce, but may not
modify, a registered order if the issuing tribunal had jurisdiction.
(Added to NRS by 1997, 2324; A 2007, 133)
NRS 130.603 Effect of registration
for enforcement. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. A support order or income-withholding
order issued in another state or a foreign support order is registered when the
order is filed in the registering tribunal of this State.
2. A registered support order issued in
another state or a foreign country is enforceable in the same manner and is
subject to the same procedures as an order issued by a tribunal of this State.
3. Except as otherwise provided in NRS 130.601 to 130.713,
inclusive, a tribunal of this State shall recognize and enforce, but may not
modify, a registered support order if the issuing tribunal had jurisdiction.
(Added to NRS by 1997, 2324; A 2007, 133; 2009, 137,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.604 Choice of law; statute of limitation; prospective application of
law. [Effective until the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. Except as otherwise provided in
subsection 4, the law of the issuing state governs:
(a) The nature, extent, amount and duration of
current payments under a registered support order;
(b) The computation and payment of arrearages and
accrual of interest on the arrearages under the support order; and
(c) The existence and satisfaction of other
obligations under the support order.
2. In a proceeding for arrears under a
registered support order, the statute of limitation of this State or of the
issuing state, whichever is longer, applies.
3. A responding tribunal of this State
shall apply the procedures and remedies of this State to enforce current
support and collect arrears and interest due on a support order of another
state which is registered in this State.
4. After a tribunal of this State or
another state determines which is the controlling order and issues an order
consolidating arrears, if any, a tribunal of this State shall prospectively apply
the law of the state issuing the controlling order, including its law on
interest on arrears, on current and future support and on consolidated arrears.
(Added to NRS by 1997, 2324; A 2007, 133)
NRS 130.604 Choice of law; statute of
limitation; prospective application of law. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. Except as otherwise provided in
subsection 4, the law of the issuing state or foreign country governs:
(a) The nature, extent, amount and duration of
current payments under a registered support order;
(b) The computation and payment of arrearages and
accrual of interest on the arrearages under the support order; and
(c) The existence and satisfaction of other
obligations under the support order.
2. In a proceeding for arrears under a
registered support order, the statute of limitation of this State or of the
issuing state or foreign country, whichever is longer, applies.
3. A responding tribunal of this State
shall apply the procedures and remedies of this State to enforce current
support and collect arrears and interest due on a support order of another
state or a foreign country which is registered in this State.
4. After a tribunal of this State or
another state determines which is the controlling order and issues an order
consolidating arrears, if any, a tribunal of this State shall prospectively
apply the law of the state or foreign country issuing the controlling order,
including its law on interest on arrears, on current and future support and on
consolidated arrears.
(Added to NRS by 1997, 2324; A 2007, 133; 2009, 137,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Contest of Validity or Enforcement
NRS 130.605 Notice of registration of order. [Effective until the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. When a support order or income-withholding
order issued in another state is registered, the registering tribunal shall
notify the nonregistering party and a support-enforcement agency of this State.
The notice must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
2. The notice must inform the
nonregistering party:
(a) That a registered order is enforceable as of
the date of registration in the same manner as an order issued by a tribunal of
this State;
(b) That a hearing to contest the validity or
enforcement of the registered order must be requested within 20 days after the
notice;
(c) That failure to contest the validity or
enforcement of the registered order in a timely manner will result in
confirmation of the order and enforcement of the order and the alleged
arrearages and precludes further contest of that order with respect to any
matter that could have been asserted; and
(d) Of the amount of any alleged arrearages.
3. If the registering party asserts that
two or more orders are in effect, the notice must also:
(a) Identify the two or more orders and the order
alleged by the registering party to be the controlling order and the
consolidated arrears, if any;
(b) Notify the nonregistering party of the right
to a determination of which is the controlling order;
(c) State that the procedures provided in
subsection 2 apply to the determination of which is the controlling order; and
(d) State that failure to contest the validity or
enforcement of the order alleged to be the controlling order in a timely manner
may result in confirmation that the order is the controlling order.
4. Upon registration of an
income-withholding order for enforcement, the registering tribunal shall cause
appropriate notice of the order to be provided to the employer of the obligor
in accordance with chapter 31A of NRS.
(Added to NRS by 1997, 2324; A 2007, 133)
NRS 130.605 Notice of registration of
order. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. When a support order or
income-withholding order issued in another state or a foreign support order is
registered, the registering tribunal of this State shall notify the
nonregistering party and a support-enforcement agency of this State. The notice
must be accompanied by a copy of the registered order and the documents and
relevant information accompanying the order.
2. The notice must inform the
nonregistering party:
(a) That a registered order is enforceable as of
the date of registration in the same manner as an order issued by a tribunal of
this State;
(b) That a hearing to contest the validity or
enforcement of the registered order must be requested within 20 days after the
notice unless the registered order is pursuant to NRS
130.707;
(c) That failure to contest the validity or
enforcement of the registered order in a timely manner will result in
confirmation of the order and enforcement of the order and the alleged
arrearages and precludes further contest of that order with respect to any
matter that could have been asserted; and
(d) Of the amount of any alleged arrearages.
3. If the registering party asserts that
two or more orders are in effect, the notice must also:
(a) Identify the two or more orders and the order
alleged by the registering party to be the controlling order and the
consolidated arrears, if any;
(b) Notify the nonregistering party of the right
to a determination of which is the controlling order;
(c) State that the procedures provided in
subsection 2 apply to the determination of which is the controlling order; and
(d) State that failure to contest the validity or
enforcement of the order alleged to be the controlling order in a timely manner
may result in confirmation that the order is the controlling order.
4. Upon registration of an
income-withholding order for enforcement, the support enforcement agency or the
registering tribunal shall cause appropriate notice of the order to be provided
to the employer of the obligor in accordance with chapter 31A of NRS.
(Added to NRS by 1997, 2324; A 2007, 133; 2009, 137,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.606 Procedure to contest validity or enforcement of registered
order. [Effective until the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. A nonregistering party seeking to
contest the validity or enforcement of a registered order in this state shall
request a hearing within 20 days after notice of the registration. The
nonregistering party may seek to vacate the registration, to assert any defense
to an allegation of noncompliance with the registered order, or to contest the
remedies being sought or the amount of any alleged arrearages pursuant to NRS 130.607.
2. If the nonregistering party fails to
contest the validity or enforcement of the registered order in a timely manner,
the order is confirmed by operation of law.
3. If a nonregistering party requests a
hearing to contest the validity or enforcement of the registered order, the
registering tribunal shall schedule the matter for hearing and give notice to
the parties of the date, time and place of the hearing.
(Added to NRS by 1997, 2325)
NRS 130.606 Procedure to contest
validity or enforcement of registered order. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. A nonregistering party seeking to
contest the validity or enforcement of a registered order in this State shall
request a hearing within the time required by NRS
130.605. The nonregistering party may seek to vacate the registration, to
assert any defense to an allegation of noncompliance with the registered order,
or to contest the remedies being sought or the amount of any alleged arrearages
pursuant to NRS 130.607.
2. If the nonregistering party fails to
contest the validity or enforcement of the registered support order in a timely
manner, the order is confirmed by operation of law.
3. If a nonregistering party requests a
hearing to contest the validity or enforcement of the registered support order,
the registering tribunal shall schedule the matter for hearing and give notice
to the parties of the date, time and place of the hearing.
(Added to NRS by 1997, 2325; A 2009, 138,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.607 Contest of registration or enforcement. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. A party contesting the validity or
enforcement of a registered order or seeking to vacate the registration has the
burden of proving one or more of the following defenses:
(a) The issuing tribunal lacked personal
jurisdiction over the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended or
modified by a later order;
(d) The issuing tribunal has stayed the order
pending appeal;
(e) There is a defense under the law of this
State to the remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation applicable pursuant
to NRS 130.604 precludes enforcement of some or all
of the alleged arrearages; or
(h) The alleged controlling order is not the
controlling order.
2. If a party presents evidence
establishing a full or partial defense under subsection 1, a tribunal may stay
enforcement of the registered order, continue the proceeding to permit
production of additional relevant evidence and issue other appropriate orders.
An uncontested portion of the registered order may be enforced by all remedies
available under the law of this State.
3. If the contesting party does not
establish a defense under subsection 1 to the validity or enforcement of the
order, the registering tribunal shall issue an order confirming the order.
(Added to NRS by 1997, 2325; A 2007, 134)
NRS 130.607 Contest of registration
or enforcement. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. A party contesting the validity or
enforcement of a registered support order or seeking to vacate the registration
has the burden of proving one or more of the following defenses:
(a) The issuing tribunal lacked personal
jurisdiction over the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended or
modified by a later order;
(d) The issuing tribunal has stayed the order
pending appeal;
(e) There is a defense under the law of this
State to the remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation applicable pursuant
to NRS 130.604 precludes enforcement of some or all
of the alleged arrearages; or
(h) The alleged controlling order is not the
controlling order.
2. If a party presents evidence
establishing a full or partial defense under subsection 1, a tribunal may stay
enforcement of a registered support order, continue the proceeding to permit
production of additional relevant evidence and issue other appropriate orders.
An uncontested portion of the registered support order may be enforced by all
remedies available under the law of this State.
3. If the contesting party does not
establish a defense under subsection 1 to the validity or enforcement of a
registered support order, the registering tribunal shall issue an order
confirming the order.
(Added to NRS by 1997, 2325; A 2007, 134; 2009, 138,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.608 Confirmed order. [Effective until the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] Confirmation
of a registered order, whether by operation of law or after notice and hearing,
precludes further contest of the order with respect to any matter that could
have been asserted at the time of registration.
(Added to NRS by 1997, 2326)
NRS 130.608 Confirmed order.
[Effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.] Confirmation of a
registered support order, whether by operation of law or after notice and
hearing, precludes further contest of the order with respect to any matter that
could have been asserted at the time of registration.
(Added to NRS by 1997, 2326; A 2009, 139,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Registration and Modification of Child-Support Order
NRS 130.609 Procedure to register child-support order of another state for
modification. [Effective until the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] A
party or support-enforcement agency seeking to modify, or to modify and
enforce, a child-support order issued in another state shall register that
order in this state in the same manner provided in NRS
130.601 to 130.604, inclusive, if the order has
not been registered. A petition for modification may be filed at the same time
as a request for registration or later. The pleading must specify the grounds
for modification.
(Added to NRS by 1997, 2326)
NRS 130.609 Procedure to register
child-support order of another state for modification. [Effective on the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.] A party or support-enforcement agency seeking
to modify, or to modify and enforce, a child-support order issued in another
state shall register that order in this State in the same manner provided in NRS 130.601 to 130.608, inclusive,
if the order has not been registered. A petition for modification may be filed
at the same time as a request for registration or later. The pleading must
specify the grounds for modification.
(Added to NRS by 1997, 2326; A 2009, 139,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.6095 Registration of foreign child-support order not under the
Convention for modification. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.] A
party or support enforcement agency seeking to modify, or to modify and
enforce, a foreign child-support order not under the Convention may register
that order in this State under NRS 130.601 to 130.608, inclusive, if the order has not been
registered. A petition for modification may be filed at the same time as a
request for registration or at any other time. The petition must specify the
grounds for modification.
(Added to NRS by 2009, 119,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.610 Effect of registration for modification. [Effective until the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.] A tribunal of this State may enforce a
child-support order of another state registered for purposes of modification,
in the same manner as if the order had been issued by a tribunal of this State,
but the registered order may be modified only if the requirements of NRS 130.611, 130.6115 or 130.613 have been met.
(Added to NRS by 1997, 2326; A 2007, 134)
NRS 130.610 Effect of registration
for modification. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] A
tribunal of this State may enforce a child-support order of another state
registered for purposes of modification, in the same manner as if the order had
been issued by a tribunal of this State, but the registered support order may
be modified only if the requirements of NRS 130.611
or 130.613 have been met.
(Added to NRS by 1997, 2326; A 2007, 134; 2009, 139,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.611 Modification of child-support order of another state. [Effective
until the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
1. If NRS 130.613
does not apply, except as otherwise provided in NRS
130.6115, upon petition a tribunal of this State may modify a child-support
order issued in another state which is registered in this State if, after
notice and hearing, the tribunal finds that:
(a) The following requirements are met:
(1) Neither the child, nor the obligee who
is a natural person, nor the obligor resides in the issuing state;
(2) A petitioner who is a nonresident of
this State seeks modification; and
(3) The respondent is subject to the
personal jurisdiction of the tribunal of this State; or
(b) This State is the state of residence of the
child, or a party who is a natural person is subject to the personal
jurisdiction of the tribunal of this State, and all of the parties who are
natural persons have filed consents in a record in the issuing tribunal for a
tribunal of this State to modify the support order and assume continuing and
exclusive jurisdiction.
2. Modification of a registered
child-support order is subject to the same requirements, procedures and
defenses that apply to the modification of an order issued by a tribunal of
this State, and the order may be enforced and satisfied in the same manner.
3. Except as otherwise provided in NRS 130.6115, a tribunal of this State may not modify
any aspect of a child-support order that may not be modified under the law of
the issuing state, including the duration of the obligation of support. If two
or more tribunals have issued child-support orders for the same obligor and
same child, the order that controls and must be so recognized under NRS 130.207 establishes the aspects of the support
order which may not be modified.
4. In a proceeding to modify a
child-support order, the law of the state that is determined to have issued the
initial controlling order governs the duration of the obligation of support.
The obligor’s fulfillment of the duty of support established by that order
precludes imposition of a further obligation of support by a tribunal of this
State.
5. On the issuance of an order by a
tribunal of this State modifying a child-support order issued in another state,
the tribunal of this State becomes the tribunal having continuing and exclusive
jurisdiction.
(Added to NRS by 1997, 2326; A 2007, 134)
NRS 130.611 Modification of
child-support order of another state; modification of child-support order of
this State if one party resides outside this State and other party resides
outside United States. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. If NRS 130.613
does not apply, upon petition a tribunal of this State may modify a
child-support order issued in another state which is registered in this State
if, after notice and hearing, the tribunal finds that:
(a) The following requirements are met:
(1) Neither the child, nor the obligee who
is a natural person, nor the obligor resides in the issuing state;
(2) A petitioner who is a nonresident of
this State seeks modification; and
(3) The respondent is subject to the
personal jurisdiction of the tribunal of this State; or
(b) This State is the state of residence of the
child, or a party who is a natural person is subject to the personal
jurisdiction of the tribunal of this State, and all of the parties who are
natural persons have filed consents in a record in the issuing tribunal for a
tribunal of this State to modify the support order and assume continuing and
exclusive jurisdiction.
2. Modification of a registered
child-support order is subject to the same requirements, procedures and
defenses that apply to the modification of an order issued by a tribunal of
this State, and the order may be enforced and satisfied in the same manner.
3. A tribunal of this State may not modify
any aspect of a child-support order that may not be modified under the law of
the issuing state, including the duration of the obligation of support. If two
or more tribunals have issued child-support orders for the same obligor and
same child, the order that controls and must be so recognized under NRS 130.207 establishes the aspects of the support order
which may not be modified.
4. In a proceeding to modify a
child-support order, the law of the state that is determined to have issued the
initial controlling order governs the duration of the obligation of support.
The obligor’s fulfillment of the duty of support established by that order
precludes imposition of a further obligation of support by a tribunal of this
State.
5. On the issuance of an order by a
tribunal of this State modifying a child-support order issued in another state,
the tribunal of this State becomes the tribunal having continuing and exclusive
jurisdiction.
6. Notwithstanding the provisions of this
section and subsection 2 of NRS 130.201, a tribunal
of this State retains jurisdiction to modify an order issued by a tribunal of
this State if:
(a) One party resides in another state; and
(b) The other party resides outside the United
States.
(Added to NRS by 1997, 2326; A 2007, 134; 2009, 139,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.6115 Modification of child-support order of foreign country or state.
[Effective until the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification.]
1. If a foreign country or political
subdivision that is a state will not or may not modify its order pursuant to
its laws, a tribunal of this State may assume jurisdiction to modify the
child-support order and bind all natural persons subject to the personal
jurisdiction of the tribunal whether or not the consent to modification of a
child-support order otherwise required of the natural person pursuant to NRS 130.611 has been given or whether the natural
person seeking modification is a resident of this State or of the foreign
country or political subdivision.
2. An order issued pursuant to this
section is the controlling order.
(Added to NRS by 2007, 118)
NRS 130.6115 Modification of
child-support order of foreign country. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. Except as otherwise provided in NRS 130.711, if a foreign country lacks or refuses to
exercise jurisdiction to modify its child-support orders pursuant to its laws,
a tribunal of this State may assume jurisdiction to modify the child-support
order and bind all natural persons subject to the personal jurisdiction of the
tribunal whether or not the consent to modification of a child-support order
otherwise required of the natural person pursuant to NRS
130.611 has been given or whether the natural person seeking modification
is a resident of this State or of the foreign country.
2. An order issued by a tribunal of this
State modifying a foreign child-support order pursuant to this section is the
controlling order.
(Added to NRS by 2007, 118; A 2009, 140,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.612 Effect of order modified by tribunal of another state. If a child-support order issued by a tribunal
of this State is modified by a tribunal of another state which assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal
of this State:
1. May enforce the order that was modified
only as to arrears and interest accruing before the modification;
2. May provide appropriate relief for
violations of its order which occurred before the effective date of the
modification; and
3. Shall recognize the modifying order of
the other state, upon registration, for the purpose of enforcement.
(Added to NRS by 1997, 2327; A 2007, 135)
NRS 130.613 Jurisdiction to modify child-support order of another state when
individual parties reside in this State. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. If all of the parties who are natural
persons reside in this State and the child does not reside in the issuing
state, a tribunal of this State has jurisdiction to enforce and to modify the
child-support order of the issuing state in a proceeding to register that
order.
2. A tribunal of this State exercising
jurisdiction under this section shall apply the provisions of NRS 130.0902 to 130.209,
inclusive, and 130.601 to 130.614,
inclusive, and the procedural and substantive law of this State to the
proceeding for enforcement or modification. The provisions of NRS 130.301 to 130.507,
inclusive, and 130.701, 130.801
and 130.802 do not apply.
(Added to NRS by 1997, 2327; A 2007, 136)
NRS 130.613 Jurisdiction to modify
child-support order of another state when individual parties reside in this
State. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. If all of the parties who are natural
persons reside in this State and the child does not reside in the issuing
state, a tribunal of this State has jurisdiction to enforce and to modify the
child-support order of the issuing state in a proceeding to register that
order.
2. A tribunal of this State exercising
jurisdiction under this section shall apply the provisions of NRS 130.0902 to 130.209,
inclusive, and 130.601 to 130.713,
inclusive, and the procedural and substantive law of this State to the
proceeding for enforcement or modification. The provisions of NRS 130.301 to 130.507,
inclusive, and 130.801 and 130.802
do not apply.
(Added to NRS by 1997, 2327; A 2007, 136; 2009, 140,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.614 Notice to issuing tribunal of modification. Within 90 days after the issuance of a
modified child-support order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal that had continuing and
exclusive jurisdiction over the earlier order and in each tribunal in which the
party knows the earlier order has been registered. A party who obtains the
order and fails to file a certified copy is subject to appropriate sanctions by
a tribunal in which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the modified order of the new
tribunal having continuing and exclusive jurisdiction.
(Added to NRS by 1997, 2327)
Article 7—Support Proceeding Under Convention
NRS 130.701 Tribunal of State authorized to serve as responding tribunal in
proceeding to determine parentage. [Effective until the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] A tribunal of this State authorized to
determine parentage of a child may serve as a responding tribunal in a
proceeding to determine parentage brought under the Uniform Interstate Family
Support Act or a law or procedure substantially similar to that Act.
(Added to NRS by 1997, 2327; A 2007, 136; R 2009, 140,
effective on the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification)
NRS 130.7011 Definitions. [Effective on the date that the provisions of The
Hague Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.] As
used in NRS 130.7011 to 130.713,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 130.7012 to 130.7018,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7012 “Application” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Application” means a request under the
Convention by an obligee or obligor, or on behalf of a child, made through a
central authority for assistance from another central authority.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7013 “Central authority” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Central authority” means the entity
designated by the United States or a foreign country as described in subsection
4 of NRS 130.10116 to perform the functions
specified in the Convention.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7014 “Convention support order” defined. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Convention support order” means a support
order of a tribunal of a foreign country described in subsection 4 of NRS 130.10116.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7015 “Direct request” defined. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Direct request” means a petition filed by an
individual in a tribunal of this State in a proceeding involving an obligee,
obligor or a child residing outside the United States.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7016 “Foreign central authority” defined. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Foreign central authority” means the entity
designated by a foreign country described in subsection 4 of NRS 130.10116 to perform the functions specified in
the Convention.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7017 “Foreign support agreement” defined. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] “Foreign support agreement”:
1. Means an agreement for support in a
record that:
(a) Is enforceable as a support order in the
country of origin;
(b) Has been:
(1) Formally drawn up or registered as an
authentic instrument by a foreign tribunal; or
(2) Authenticated by, or concluded,
registered or filed with, a foreign tribunal; and
(c) May be reviewed and modified by a foreign
tribunal.
2. Includes a maintenance arrangement or
authentic instrument under the Convention.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.7018 “United States central authority” defined. [Effective on the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.] “United States central authority” means the
Secretary of the United States Department of Health and Human Services.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.702 Proceedings under Convention; limitations. [Effective on the
date that the provisions of The Hague Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.] NRS 130.7011 to 130.713, inclusive, apply only to a support proceeding
under the Convention. In such a proceeding, if a provision of NRS 130.7011 to 130.713,
inclusive, is inconsistent with any other provision of this chapter, NRS 130.7011 to 130.713,
inclusive, control.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.703 Designated governmental entity to perform certain functions
under Convention. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.] The
governmental entity of this State recognized as the agency designated by the
United States central authority may perform specific functions under the
Convention.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.704 Initiation by designated governmental entity of support proceeding
under Convention. [Effective on the date that the provisions of The Hague
Convention on the International Recovery of Child Support and Other Forms of
Family Maintenance is ratified by the President and the United States deposits
its instrument of ratification.]
1. In a support proceeding under NRS 130.7011 to 130.713,
inclusive, the governmental entity of this State designated pursuant to NRS 130.703 shall:
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a
proceeding regarding an application in a tribunal of this State.
2. The following support proceedings are
available to the obligee under the Convention:
(a) Recognition or recognition and enforcement of
a foreign support order;
(b) Enforcement of a support order issued or
recognized in this State;
(c) Establishment of a support order if there is
no existing order, including, if necessary, determination of parentage of a
child;
(d) Establishment of a support order if
recognition of a foreign support order is refused under paragraphs (b), (d) or
(i) of subsection 2 of NRS 130.708;
(e) Modification of a support order of a tribunal
of this State; and
(f) Modification of a support order of a tribunal
of another state or a foreign country.
3. The following support proceedings are
available under the Convention to an obligor against which there is an existing
support order:
(a) Recognition of an order suspending or
limiting enforcement of an existing support order of a tribunal of this State;
(b) Modification of a support order of a tribunal
of this State; and
(c) Modification of a support order of a tribunal
of another state or a foreign country.
4. A tribunal of this State may not
require security, bond or deposit, however described, to guarantee the payment
of costs and expenses in proceedings under the Convention.
(Added to NRS by 2009, 120,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.705 Direct request. [Effective on the date that the provisions of
The Hague Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance is ratified by the President and the United States
deposits its instrument of ratification.]
1. A petitioner may file a direct request
seeking establishment or modification of a support order or determination of
parentage of a child. In the proceeding, the law of this State applies.
2. A petitioner may file a direct request
seeking recognition and enforcement of a support order or support agreement. In
the proceeding, NRS 130.706 to 130.713, inclusive, apply.
3. In a direct request for recognition and
enforcement of a Convention support order or foreign support agreement:
(a) A security, bond or deposit is not required
to guarantee the payment of costs and expenses; and
(b) An obligee or obligor that in the issuing
country has benefited from free legal assistance is entitled to benefit, at
least to the same extent, from any free legal assistance provided for by the
law of this State under the same circumstances.
4. A petitioner filing a direct request is
not entitled to assistance from the governmental entity designated pursuant to NRS 130.703.
5. NRS 130.7011
to 130.713, inclusive, do not prevent the
application of laws of this State that provide simplified, more expeditious
rules regarding a direct request for recognition and enforcement of a foreign
support order or foreign support agreement.
(Added to NRS by 2009, 121,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.706 Registration of Convention support order. [Effective on the date
that the provisions of The Hague Convention on the International Recovery of
Child Support and Other Forms of Family Maintenance is ratified by the
President and the United States deposits its instrument of ratification.]
1. Except as otherwise provided in NRS 130.7011 to 130.713,
inclusive, a party who is an individual or a support enforcement agency seeking
recognition of a Convention support order shall register the order in this
State as provided in NRS 130.601 to 130.614, inclusive.
2. Notwithstanding NRS
130.311 and subsection 1 of NRS 130.602, a
request for registration of a Convention support order must be accompanied by:
(a) A complete text of the support order or an
abstract or extract of the support order drawn up by the issuing foreign
tribunal, which may be in the form recommended by the Hague Conference on
Private International Law;
(b) A record stating that the support order is
enforceable in the issuing country;
(c) If the respondent did not appear and was not
represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings
and an opportunity to be heard or that the respondent had proper notice of the
support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(d) A record showing the amount of arrears, if
any, and the date the amount was calculated;
(e) A record showing a requirement for automatic
adjustment of the amount of support, if any, and the information necessary to
make the appropriate calculations; and
(f) If necessary, a record showing the extent to
which the applicant received free legal assistance in the issuing country.
3. A request for registration of a
Convention support order may seek recognition and partial enforcement of the
order.
4. A tribunal of this State may vacate the
registration of a Convention support order without the filing of a contest
under NRS 130.707 only if, acting on its own
motion, the tribunal finds that recognition and enforcement of the order would
be manifestly incompatible with public policy.
5. The tribunal shall promptly notify the
parties of the registration or the order vacating the registration of a
Convention support order.
(Added to NRS by 2009, 121,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.707 Contest of registered Convention support order. [Effective on
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
1. Except as otherwise provided in NRS 130.7011 to 130.713,
inclusive, NRS 130.605 to 130.608,
inclusive, apply to a contest of a registered Convention support order.
2. A party contesting a registered
Convention support order shall file a contest not later than 30 days after
notice of the registration, but if the contesting party does not reside in the
United States, the contest must be filed not later than 60 days after notice of
the registration.
3. If the nonregistering party fails to
contest the registered Convention support order by the time specified in
subsection 2, the order is enforceable.
4. A contest of a registered Convention
support order may be based only on grounds set forth in NRS
130.708. The contesting party bears the burden of proof.
5. In a contest of a registered Convention
support order, a tribunal of this State:
(a) Is bound by the findings of fact on which the
foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
6. A tribunal of this State deciding a
contest of a registered Convention support order shall promptly notify the
parties of its decision.
7. A challenge or appeal, if any, does not
stay the enforcement of a Convention support order unless there are exceptional
circumstances.
(Added to NRS by 2009, 122,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.708 Recognition and enforcement of registered Convention support
order. [Effective on the date that the provisions of The Hague Convention on
the International Recovery of Child Support and Other Forms of Family
Maintenance is ratified by the President and the United States deposits its
instrument of ratification.]
1. Except
as otherwise provided in subsection 2, a tribunal of this State shall recognize
and enforce a registered Convention support order.
2. The following grounds are the only
grounds on which a tribunal of this State may refuse recognition and
enforcement of a registered Convention support order:
(a) Recognition and enforcement of the order is
manifestly incompatible with public policy, including the failure of the
issuing tribunal to observe minimum standards of due process, which include
notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal
jurisdiction consistent with NRS 130.201;
(c) The order is not enforceable in the issuing
country;
(d) The order was obtained by fraud in connection
with a matter of procedure;
(e) A record transmitted in accordance with NRS 130.706 lacks authenticity or integrity;
(f) A proceeding between the same parties and
having the same purpose is pending before a tribunal of this State and that
proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this
State;
(h) Payment, to the extent alleged arrears have
been paid in whole or in part;
(i) In a case in which the respondent neither
appeared nor was represented in the proceeding in the issuing foreign country:
(1) If the law of that country provides
for prior notice of proceedings, the respondent did not have proper notice of
the proceedings and an opportunity to be heard; or
(2) If the law of that country does not
provide for prior notice of the proceedings, the respondent did not have proper
notice of the order and an opportunity to be heard in a challenge or appeal on
fact or law before a tribunal; or
(j) The order was made in violation of NRS 130.711.
3. If a tribunal of this State does not
recognize a Convention support order under paragraphs (b), (d), (f) or (i) of
subsection 2:
(a) The tribunal may not dismiss the proceeding
without allowing a reasonable time for a party to request the establishment of
a new Convention support order; and
(b) The governmental entity identified pursuant
to NRS 130.703 shall take all appropriate measures
to request a child-support order for the obligee if the application for
recognition and enforcement was received under NRS
130.704.
(Added to NRS by 2009, 122,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.709 Partial enforcement. [Effective on the date that the provisions
of The Hague Convention on the International Recovery of Child Support and
Other Forms of Family Maintenance is ratified by the President and the United
States deposits its instrument of ratification.] If
a tribunal of this State does not recognize and enforce a Convention support
order in its entirety, it shall enforce any severable part of the order. An
application or direct request may seek recognition and partial enforcement of a
Convention support order.
(Added to NRS by 2009, 123,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.710 Foreign support agreement. [Effective on the date that the
provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.]
1. Except as otherwise provided in subsections
3 and 4, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
2. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(a) A complete text of the foreign support agreement; and
(b) A record stating that the foreign support agreement is enforceable as a decision in the issuing country.
3. A tribunal of this State may vacate the
registration of a foreign support agreement only if, acting on its own motion,
the tribunal finds that recognition and enforcement would be manifestly
incompatible with public policy.
4. In a contest of a foreign support
agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(a) Recognition and enforcement of the agreement
is manifestly incompatible with public policy;
(b) The agreement was obtained by fraud or falsification;
(c) The agreement is incompatible with a support
order involving the same parties and having the same purpose in this State,
another state or a foreign country if the support order is entitled to
recognition and enforcement under this chapter in this State; or
(d) The record submitted under subsection 2 lacks
authenticity or integrity.
5. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to
or appeal of the agreement before a tribunal of another state or a foreign
country.
(Added to NRS by 2009, 123,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.711 Modification of Convention child-support order. [Effective on
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.]
1. A tribunal of this State may not modify
a Convention child-support order if the obligee remains a resident of the
foreign country where the support order was issued unless:
(a) The obligee submits to the jurisdiction of a
tribunal of this State, either expressly or by defending on the merits of the
case without objecting to the jurisdiction at the first available opportunity;
or
(b) The foreign tribunal lacks or refuses to
exercise jurisdiction to modify its support order or issue a new support order.
2. If a tribunal
of this State does not modify a Convention child-support order because the
order is not recognized in this State, subsection 3 of NRS 130.708 applies.
(Added to NRS by 2009, 124,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.712 Personal information; limit on use. [Effective on the date that
the provisions of The Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance is ratified by the President and
the United States deposits its instrument of ratification.] Personal information gathered or transmitted
under NRS 130.7011 to 130.713,
inclusive, may be used only for the purposes for which it was gathered or
transmitted.
(Added to NRS by 2009, 124,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
NRS 130.713 Record in original language; English translation. [Effective on
the date that the provisions of The Hague Convention on the International
Recovery of Child Support and Other Forms of Family Maintenance is ratified by
the President and the United States deposits its instrument of ratification.] A record filed with a tribunal of this State
under NRS 130.7011 to 130.713,
inclusive, must be in the original language and, if not in English, must be
accompanied by an English translation.
(Added to NRS by 2009, 124,
effective on the date that the provisions of The Hague Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance
is ratified by the President and the United States deposits its instrument of
ratification)
Article 8—Interstate Rendition
NRS 130.801 Grounds for rendition.
1. For the purposes of this section and NRS 130.802, “governor” includes a natural person
performing the functions of governor or the executive authority of a state
covered by this chapter.
2. The Governor of this state may:
(a) Demand that the governor of another state
surrender a natural person found in the other state who is charged criminally
in this state with having failed to provide for the support of an obligee; or
(b) On the demand of the governor of another
state, surrender a natural person found in this state who is charged criminally
in the other state with having failed to provide for the support of an obligee.
3. A provision for extradition of natural
persons that is not inconsistent with this chapter applies to the demand even
if the natural person whose surrender is demanded was not in the state making
the demand when the crime was allegedly committed and has not fled therefrom.
(Added to NRS by 1997, 2327)
NRS 130.802 Conditions of rendition.
1. Before making a demand that the
governor of another state surrender a natural person charged criminally in this
State with having failed to provide for the support of an obligee, the Governor
of this State may require a prosecutor of this State to demonstrate that at
least 60 days previously the obligee had initiated proceedings for support
pursuant to this chapter or that the proceeding would be of no avail.
2. If, under the Uniform Interstate Family
Support Act or a law substantially similar to that Act, the governor of another
state makes a demand that the Governor of this State surrender a natural person
charged criminally in that state with having failed to provide for the support
of a child or other natural person to whom a duty of support is owed, the
Governor may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective. If it
appears that a proceeding would be effective but has not been initiated, the Governor
may delay honoring the demand for a reasonable time to permit the initiation of
a proceeding.
3. If a proceeding for support has been
initiated and the natural person whose rendition is demanded prevails, the
Governor may decline to honor the demand. If the petitioner prevails and the
natural person whose rendition is demanded is subject to a support order, the
Governor may decline to honor the demand if the person is complying with the
support order.
(Added to NRS by 1997, 2328; A 2007, 136)