[Rev. 11/21/2013 8:58:36
AM--2013]
CHAPTER 31A - ENFORCEMENT OF OBLIGATIONS
FOR SUPPORT OF CHILDREN
GENERAL PROVISIONS
NRS 31A.010 Definitions.
NRS 31A.012 “Court”
defined.
NRS 31A.013 “Division
of Welfare and Supportive Services” defined.
NRS 31A.014 “Enforcing
authority” defined.
NRS 31A.016 “Income”
defined.
NRS 31A.018 “Notice
to withhold income” defined.
NRS 31A.019 “Obligor”
defined.
NRS 31A.021 “State”
defined.
APPLICABILITY OF CHAPTER
NRS 31A.024 Applicability
of chapter to order issued by court of another state.
WITHHOLDING OF INCOME
NRS 31A.025 Initiation
of procedure for withholding of income; exceptions.
NRS 31A.030 Calculation
of amount to be withheld; allocation of amount available from withholding.
NRS 31A.040 Notice
to obligor who is subject to withholding.
NRS 31A.050 Hearing
to contest withholding; grounds; exceptions.
NRS 31A.060 Determination
by court; assessment of costs and attorney’s fees; notice.
NRS 31A.070 Notice
to employer to withhold income; contents; notice may be issued electronically.
NRS 31A.075 Fee
to be imposed for each withholding of income: Amount; separate accounting;
distribution.
NRS 31A.080 Duties
of employer upon receipt of notice to withhold.
NRS 31A.090 Notice
to withhold binding upon employer; employer may deduct amount for reimbursement
of costs; electronic transfer of payments by employer; duty of employer to
disclose information; immunity.
NRS 31A.095 Enforcement
proceedings against employer for refusal to withhold and other improper acts;
remedies and penalties.
NRS 31A.100 Immunity
for complying employer; discharge of employer’s liability to obligor; immunity
for enforcing authority.
NRS 31A.110 Collection
of obligation for support of spouse or former spouse in conjunction with
support for child.
NRS 31A.120 Prohibition
against discharge, discipline or refusal to hire employee because of
withholding; liability of employer for refusal to withhold and other improper
acts.
NRS 31A.130 Regulations
governing documentation and distribution of payments.
NRS 31A.140 Duty
of person or entity for whom support is being collected to notify enforcing
authority of change of address.
NRS 31A.150 Other
sources of money from which support may be withheld; duty of public entity upon
receipt of notice to withhold.
NRS 31A.160 Order
to withhold income for support has priority over other claims against money;
other remedies for collection of support not precluded.
NRS 31A.180 Modification
of amount withheld.
NRS 31A.190 Voluntary
request for withholding.
ASSIGNMENT OF INCOME
NRS 31A.250 Court
may order assignment of income.
NRS 31A.270 Calculation
of amount to be assigned.
NRS 31A.280 Effect
of order for assignment; duty of employer to cooperate; modification of amount
assigned; reimbursement of employer; refusal of employer to honor assignment;
discharge of employer’s liability to pay amount assigned.
NRS 31A.290 Prohibition
against discharge or discipline of employee as result of assignment.
NRS 31A.300 Payments
to be made to enforcing authority; district attorney may enforce order; duty of
enforcing authority to disburse payments.
NRS 31A.310 Duty
of person or entity for whom support is being collected to notify court and
employer of obligor of change of address.
NRS 31A.320 Petition
by obligor to terminate order of assignment.
NRS 31A.330 Other
sources of money from which support may be withheld; duty of public entity upon
receipt of order of assignment.
HEALTH INSURANCE
NRS 31A.350 Enrollment
of child in plan of health insurance; notice to enroll; deduction of premiums from
wages of parent; withholding of state tax refunds; liability for refusing to
enroll child or misrepresenting information; immunity from liability for
complying with notice; remedy not exclusive.
_________
GENERAL PROVISIONS
NRS 31A.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 31A.012 to 31A.021, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1985, 1425; A 1987, 2243; 1989, 673; 1993, 542; 1997, 2271)
NRS 31A.012 “Court” defined. “Court”
means:
1. The district court; or
2. When the context requires, any judicial
or administrative procedure established in this or any other state to
facilitate the collection of an obligation for the support of a child.
(Added to NRS by 1997, 2270)
NRS 31A.013 “Division of Welfare and Supportive Services” defined. “Division of Welfare and Supportive Services”
means the Division of Welfare and Supportive Services of the Department of
Health and Human Services.
(Added to NRS by 1997, 2271)—(Substituted
in revision for NRS 31A.023)
NRS 31A.014 “Enforcing authority” defined. “Enforcing
authority” means the Division of Welfare and Supportive Services, its
designated representative or the district attorney.
(Added to NRS by 1997, 2270)
NRS 31A.016 “Income” defined. “Income”
includes, but is not limited to:
1. Wages, salaries, bonuses and
commissions;
2. Any money from which support may be
withheld pursuant to NRS 31A.150 or 31A.330;
3. Any other money due as a pension,
unemployment compensation, a benefit because of disability or retirement, or as
a return of contributions and interest; and
4. Any compensation of an independent contractor.
(Added to NRS by 1997, 2270)
NRS 31A.018 “Notice to withhold income” defined. “Notice
to withhold income” means a notice issued pursuant to NRS
31A.070.
(Added to NRS by 1997, 2271)
NRS 31A.019 “Obligor” defined. “Obligor”
means a person who is liable or alleged to be liable for the support of a
child.
(Added to NRS by 1997, 2271)
NRS 31A.021 “State” defined. “State”
has the meaning ascribed to it in NRS
130.10179.
(Added to NRS by 1997, 2271; A 1997, 2348)
APPLICABILITY OF CHAPTER
NRS 31A.024 Applicability of chapter to order issued by court of another
state. To the extent that any
provision of this chapter is inconsistent with the provisions of chapter 130 of NRS regarding the effect,
enforcement or modification of an order relating to the support of a child
issued by a court other than a court of this state, the provision of this
chapter does not apply to the order. The enforcement and any modification of
such an order must comply with the provisions of chapter
130 of NRS.
(Added to NRS by 1997, 2271; A 1997, 2348)
WITHHOLDING OF INCOME
NRS 31A.025 Initiation of procedure for withholding of income; exceptions.
1. Except as otherwise provided in
subsection 4, whenever a court order requiring an obligor to make payments for
the support of a child includes an order directing the withholding of income
for the payment of the support, the procedure provided by this chapter for the
withholding of income must be carried out immediately unless:
(a) All parties agree in writing that there
should be no immediate withholding; or
(b) The court finds good cause for the
postponement of withholding.
2. Except as otherwise provided in
subsection 3, a finding of good cause pursuant to paragraph (b) of subsection 1
must be based on a written finding by the court that the immediate withholding
of income would not be in the best interests of the child. A finding that the
immediate withholding of income would not be in the best interests of the child
may be based on evidence that:
(a) The obligor has not been found to be in
arrears for the payment of child support and is willing and able to pay the
amount ordered by the court;
(b) The obligor was unaware that the obligor was
the parent of the child for whom the obligor owes an obligation of support
during any time in which an arrearage for the payment of child support accrued
and is willing and able to pay the amount ordered by the court; or
(c) The obligor has provided full payment of the
obligor’s obligation for support for each of the immediately preceding 12
months.
3. In an action for modification or
adjustment of a previous order for the support of a child, a finding of good
cause may be based on evidence of payment in a timely manner by the obligor
under the previous order for support.
4. In the case of any court order
requiring an obligor to make payments for the support of a child:
(a) That does not include an order directing the
withholding of income for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by the court
for the postponement of withholding; or
(2) All parties have agreed in writing
that there should be no immediate withholding,
Ê the
procedure for the withholding of income must be carried out when the obligor
becomes delinquent in paying the support of a child. The person entitled to the
payment of support or the person’s legal representative shall notify the
enforcing authority when the procedure for the withholding of income must be
carried out pursuant to this subsection.
(Added to NRS by 1989, 672; A 1993, 485; 1997, 2272; 2003, 853)
NRS 31A.030 Calculation of amount to be withheld; allocation of amount
available from withholding. Except
as otherwise provided in NRS 31A.024:
1. The amount of income to be withheld
pursuant to NRS 31A.025 to 31A.190,
inclusive, must be calculated in accordance with NRS 31.295 and must include:
(a) The amount of the current support due plus:
(1) An amount equal to 10 percent of the
amount of the current periodic or other payment ordered for support, to be
applied to satisfy arrearages, if any; or
(2) If the court has previously ordered
the payment of arrearages in a specified manner, the amount so ordered;
(b) If the obligor is subject to a court order
for the payment of current support which is not being collected pursuant to
this chapter and the enforcing authority is entitled to collect any arrearages,
an amount equal to 25 percent of the amount of the payment ordered for current
support, to be applied to satisfy the arrearages; or
(c) If the child is emancipated, arrearages as
provided in NRS 125B.100, until the
arrearages are paid in full.
2. If two or more court orders for the
withholding of income are being enforced against the same obligor, the amount
available from withholding must be allocated among those persons entitled to it
pursuant to those orders:
(a) Giving priority to an obligation for current
support; and
(b) Except as otherwise provided in paragraph
(a), in the proportion that the amount owed any one person bears to the total
amount owed to all persons entitled to withholding pursuant to those orders.
(Added to NRS by 1985, 1425; A 1987, 2243; 1997, 2272, 2273)
NRS 31A.040 Notice to obligor who is subject to withholding.
1. The enforcing authority shall notify an
obligor who is subject to the withholding of income by first-class mail to the
obligor’s last known address:
(a) That the obligor’s income is being withheld;
(b) Of the amount of any arrearages;
(c) Of the amount being withheld from the
obligor’s income to pay current support and the amount being withheld to pay
any arrearages;
(d) That a notice to withhold income applies to
any current or subsequent employer;
(e) That a notice to withhold income of the
obligor has been mailed to the obligor’s employer;
(f) Of the information provided to the obligor’s
employer pursuant to NRS 31A.070;
(g) That the obligor may contest the withholding;
and
(h) Of the grounds and procedures for contesting
the withholding.
2. The provisions of this section are
applicable only to an obligor against whom there is entered an order of a kind
described in subsection 4 of NRS 31A.025.
(Added to NRS by 1985, 1425; A 1987, 2244; 1989, 673; 1997, 2274; 2003, 854)
NRS 31A.050 Hearing to contest withholding; grounds; exceptions.
1. Except as otherwise provided in
subsection 2:
(a) If an obligor, within 15 days after a notice
of withholding is mailed to the obligor pursuant to NRS
31A.040, requests a hearing to contest the withholding, the enforcing
authority shall apply for a hearing before the court.
(b) The obligor may contest the withholding on
the following grounds:
(1) The court which issued the order for
support lacked personal jurisdiction over the obligor;
(2) There is a mistake of fact as to:
(I) Whether the obligor has been
delinquent in the payment of support;
(II) The amount of the arrearages or
support; or
(III) The custody of the child; or
(3) The order of support was obtained by
fraud.
Ê No other
issues or defenses may be presented to or determined by the court.
2. The provisions of subsection 1:
(a) Are applicable only to an obligor against
whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.
(b) Do not apply to an obligor who requests a
hearing pursuant to NRS 130.606 to
contest the enforcement, through the withholding of income, of an order for
support that is registered pursuant to chapter
130 of NRS.
(Added to NRS by 1985, 1426; A 1987, 2244; 1989, 673; 1997, 2274, 2275; 2003, 855)
NRS 31A.060 Determination by court; assessment of costs and attorney’s fees;
notice.
1. If the court, after conducting a
hearing requested pursuant to NRS 31A.050,
determines that:
(a) The court that issued the order of support
lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it
shall issue an order to stay the withholding.
(b) The order of support is valid and there is no
fraud or mistake of fact, it shall issue an order confirming the withholding
without modification.
2. The court shall make its decision
within 45 days after the notice of the withholding is mailed to the obligor
pursuant to NRS 31A.040.
3. If the court issues an order confirming
the withholding, it may assess costs and attorney’s fees against the obligor.
4. The enforcing authority shall give
written notice to the obligor of the decision of the court.
5. The provisions of this section are
applicable only to an obligor against whom there is entered an order of a kind
described in subsection 4 of NRS 31A.025.
(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2275; 2003, 855)
NRS 31A.070 Notice to employer to withhold income; contents; notice may be
issued electronically.
1. The enforcing authority shall mail, by
first-class mail, a notice to withhold income to an obligor’s employer:
(a) If the provisions of subsection 4 of NRS 31A.025 apply, immediately upon determining that
the obligor is delinquent in the payment of support; or
(b) If the provisions of subsection 4 of NRS 31A.025 do not apply, immediately upon the entry
of the order of support, unless an exception set forth in paragraph (a) or (b)
of subsection 1 of NRS 31A.025 applies.
2. If an employer of an obligor does not
begin to withhold income from the obligor after receiving the notice to
withhold income that was mailed pursuant to subsection 1, the enforcing
authority shall mail, by certified mail, return receipt requested, another
notice to withhold income to the employer.
3. A notice to withhold income may be
issued electronically and must:
(a) Contain the social security number of the
obligor;
(b) Specify the amount to be withheld from the
income of the obligor;
(c) Specify the amounts of the fees authorized in
NRS 31A.090 and required in NRS 31A.075;
(d) Describe the limitation for withholding
income prescribed in NRS 31.295;
(e) Describe the prohibition against terminating
the employment of an obligor because of withholding and the penalties for
wrongfully refusing to withhold pursuant to the notice to withhold income;
(f) Specify that, pursuant to NRS 31A.160, the withholding of income to enforce an
order of a court for child support has priority over other proceedings against
the same money; and
(g) Explain the duties of an employer upon the
receipt of the notice to withhold income.
(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2276; 1999, 905; 2003, 855, 1021)
NRS 31A.075 Fee to be imposed for each withholding of income: Amount;
separate accounting; distribution.
1. The State Treasurer shall charge an
obligor a fee of $2 for each withholding of income for the payment of support
made by an employer pursuant to this chapter, except that the fee must not be
charged to an obligor more than two times during any month.
2. All such fees received by the State
Treasurer from employers pursuant to NRS 31A.080
must be accounted for separately in the State General Fund.
3. The account created pursuant to
subsection 2 must be administered by the Administrator of the Division of
Welfare and Supportive Services. The money in the account must be distributed
among each enforcing authority pursuant to regulations adopted by the
Administrator of the Division of Welfare and Supportive Services pursuant to NRS 425.365.
(Added to NRS by 2003, 1021)
NRS 31A.080 Duties of employer upon receipt of notice to withhold. An employer who receives a notice to withhold
income shall:
1. Withhold the amount stated in the
notice from the income due the obligor beginning with the first pay period that
occurs within 14 days after the date the notice was mailed to the employer and
continuing until the enforcing authority notifies the employer to discontinue
the withholding;
2. Deliver the money withheld to the
enforcing authority within 7 days after the date of each payment of the
regularly scheduled payroll of the employer;
3. Deduct from the income due the obligor
after the withholding pursuant to subsection 1, the fee set forth in NRS 31A.075;
4. Deliver to the State Treasurer, at
least quarterly, all money deducted as fees pursuant to subsection 3; and
5. Notify the enforcing authority and the
State Treasurer when the obligor subject to withholding terminates the
obligor’s employment, and provide the last known address of the obligor and the
name of any new employer of the obligor, if known.
(Added to NRS by 1985, 1426; A 1987, 2246; 1997, 2276; 2003, 1022)
NRS 31A.090 Notice to withhold binding upon employer; employer may deduct
amount for reimbursement of costs; electronic transfer of payments by employer;
duty of employer to disclose information; immunity.
1. A notice to withhold income is binding
upon any employer of an obligor to whom it is mailed. To reimburse the employer
for the employer’s costs in making the withholding, the employer may deduct $3
from the amount paid the obligor each time the employer makes a withholding.
2. Except as otherwise provided in
subsection 3, if an employer receives notices to withhold income for more than
one employee, the employer may consolidate the amounts of money that are
payable to:
(a) The enforcing authority and pay those amounts
with one check; and
(b) The State Treasurer and pay those amounts
with one check,
Ê but the
employer shall attach to each check a statement identifying by name and social
security number each obligor for whom payment is made and the amount
transmitted for that obligor.
3. If the provisions of NRS 353.1467 apply, the employer shall
make payment to the enforcing authority or the State Treasurer, as applicable,
by way of any method of electronic transfer of money allowed by the enforcing
authority or the State Treasurer. If an employer has 50 or more employees, the
employer shall make payment to the Division of Welfare and Supportive Services
by way of any method of electronic transfer of money allowed by the Division.
If an employer makes payment by way of electronic transfer of money pursuant to
this subsection, the employer shall transmit separately the name and
appropriate identification number, if any, of each obligor for whom payment is
made and the amount transmitted for that obligor.
4. An employer shall cooperate with and
provide relevant information to an enforcing authority as necessary to enable
it to enforce an obligation of support. A disclosure made in good faith
pursuant to this subsection does not give rise to any action for damages
resulting from the disclosure.
5. As used in this section, “electronic
transfer of money” has the meaning ascribed to it in NRS 353.1467.
(Added to NRS by 1985, 1427; A 1987, 2246; 1997, 2277; 2003, 1022; 2007, 3313; 2010, 26th
Special Session, 2)
NRS 31A.095 Enforcement proceedings against employer for refusal to withhold
and other improper acts; remedies and penalties.
1. If an employer:
(a) Wrongfully refuses to withhold income as
required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a notice to
withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070;
(b) Refuses or intentionally fails to deliver to
the enforcing authority any money required pursuant to NRS
31A.080; or
(c) Knowingly misrepresents the income of an
employee,
Ê the
enforcing authority may apply for and the court may issue an order directing
the employer to appear and show cause why the employer should not be subject to
the penalty prescribed in subsection 2 of NRS 31A.120.
2. At the hearing on the order to show
cause, the court, upon a finding that the employer wrongfully refused to
withhold income as required, refused or intentionally failed to deliver money
to the enforcing authority as required or knowingly misrepresented an
employee’s income:
(a) May order the employer to comply with the
requirements of NRS 31A.025 to 31A.190, inclusive;
(b) May order the employer to provide accurate
information concerning the employee’s income;
(c) May fine the employer pursuant to subsection
2 of NRS 31A.120; and
(d) Shall require the employer to pay the amount
the employer failed or refused to withhold from the obligor’s income or refused
or intentionally failed to deliver to the enforcing authority.
(Added to NRS by 1987, 2240; A 1997, 2277; 1999, 905; 2009, 954)
NRS 31A.100 Immunity for complying employer; discharge of employer’s
liability to obligor; immunity for enforcing authority.
1. An employer who complies with a notice
to withhold income that is regular on its face may not be held liable in any
civil action for any conduct taken in compliance with the notice.
2. Compliance by an employer with a notice
to withhold income is a discharge of the employer’s liability to the obligor as
to that portion of the income affected.
3. If a court issues an order to stay a
withholding of income, the enforcing authority may not be held liable in any
civil action to the obligor for any money withheld before the stay becomes
effective.
(Added to NRS by 1985, 1427; A 1997, 2278)
NRS 31A.110 Collection of obligation for support of spouse or former spouse
in conjunction with support for child. The
enforcing authority may, pursuant to NRS 31A.025
to 31A.190, inclusive, collect, by withholding, an
obligation for the support of a spouse or a former spouse under a valid order
of a court, if the enforcing authority is also collecting support for a child
of that spouse or former spouse from the same obligor and the child resides
with the spouse or former spouse for whom the obligation of support is being
collected.
(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 675; 1997, 2278)
NRS 31A.120 Prohibition against discharge, discipline or refusal to hire
employee because of withholding; liability of employer for refusal to withhold
and other improper acts.
1. It is unlawful for an employer to use
the withholding of income to collect an obligation of support as a basis for
refusing to hire a potential employee, discharging the employee or taking
disciplinary action against the employee. Any employer who violates this
section shall hire or reinstate the employee with no loss of pay or benefits,
is liable for any payments of support not withheld and shall be fined $1,000.
If an employee prevails in an action based on this section, the employer is
liable, in an amount not less than $2,500, for payment of the employee’s costs
and attorney’s fees incurred in that action.
2. If an employer:
(a) Wrongfully refuses to withhold from the
income of an obligor as required pursuant to NRS
31A.025 to 31A.190, inclusive;
(b) Refuses or intentionally fails to deliver to
the enforcing authority any money required pursuant to NRS
31A.080; or
(c) Knowingly misrepresents the income of the
employee,
Ê the employer
shall pay the amount the employer refused to withhold or refused or
intentionally failed to deliver to the enforcing authority and may be ordered
to pay punitive damages to the person to whom support is owed in an amount not
to exceed $1,000 for each pay period the employer failed to withhold income as
required, refused or intentionally failed to deliver money to the enforcing
authority as required or knowingly misrepresented the income of the employee.
(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 957; 1997, 2278, 2279; 2009, 954)
NRS 31A.130 Regulations governing documentation and distribution of
payments. The Division of Welfare
and Supportive Services shall adopt regulations which establish procedures for
all enforcing authorities for documenting payments for support and for the
expeditious distribution of amounts withheld.
(Added to NRS by 1985, 1427)
NRS 31A.140 Duty of person or entity for whom support is being collected to
notify enforcing authority of change of address.
1. A person or other entity for whom
support is being collected pursuant to NRS 31A.025
to 31A.190, inclusive, shall notify the enforcing
authority of a change of address within a reasonable time after the change. The
notice must be in writing and sent by certified mail, return receipt requested.
2. If payments are not deliverable for 3
consecutive months because of the failure of a person or other entity for whom
payment of support has been withheld to notify the enforcing authority of a
change of address, no further payments may be made and all payments not
delivered must be returned to the obligor. The enforcing authority shall notify
the employer to discontinue withholding.
(Added to NRS by 1985, 1427; A 1997, 2279)
NRS 31A.150 Other sources of money from which support may be withheld; duty
of public entity upon receipt of notice to withhold.
1. Money may be withheld for the support
of a child pursuant to NRS 31A.025 to 31A.190, inclusive, from any money:
(a) Due to:
(1) The obligor as a pension, an annuity,
unemployment compensation, a benefit because of disability, retirement or other
cause or any other benefit;
(2) The obligor as a return of
contributions and interest; or
(3) Some other person because of the death
of the obligor,
Ê from the
State, a political subdivision of the State or an agency of either, a public
trust, corporation or board or a system for retirement, disability or annuity
established by any person or a statute of this or any other state, whether the
money is payable periodically or in a lump sum; or
(b) Due to the obligor as a judgment, a
settlement or the prize from any contest or lottery, from any person or other
entity, whether the money is payable periodically or in a lump sum.
2. When a certified copy of a notice to
withhold income is delivered by certified mail, return receipt requested, to a
person or other entity described in subsection 1, the person or other entity
must comply with the request and pay to the enforcing authority the amounts
withheld as required in the notice to withhold income.
(Added to NRS by 1985, 1427; A 1987, 2247; 1989, 675; 1993, 542; 1997, 2280)
NRS 31A.160 Order to withhold income for support has priority over other
claims against money; other remedies for collection of support not precluded. The withholding of income:
1. To enforce an order of a court for the
support of a child has priority over any other proceeding against the same
money.
2. To enforce an order of a court
regarding an obligation for the current support of a child has priority over
any other orders for the support of a child.
3. Is in addition to, and not a
substitution for, any other remedy for the collection of an obligation for the
support of a child.
(Added to NRS by 1985, 1428; A 1997, 2281)
NRS 31A.180 Modification of amount withheld. If
an order for support on which a notice to withhold income is based is amended
or modified, the enforcing authority shall, upon receipt of a certified copy of
the amendment or modification, notify the employer of the obligor to modify the
amount to be withheld accordingly.
(Added to NRS by 1985, 1428; A 1997, 2281)
NRS 31A.190 Voluntary request for withholding. An
obligor may voluntarily have the payment for support withheld from the
obligor’s income by filing a request and a certified copy of the order for
support with the enforcing authority. The enforcing authority shall send a
notice to withhold income to the obligor’s employer, and the employer shall
withhold and pay the amount as required in the notice.
(Added to NRS by 1985, 1428; A 1997, 2281)
ASSIGNMENT OF INCOME
NRS 31A.250 Court may order assignment of income. In
any proceeding in which the court orders an obligor to pay any amount for the
support of a child, the court may also order the obligor to assign to the
person entitled to the payment of support, or that person’s legal
representative, that portion of the income of the obligor which is due or to
become due and is sufficient to pay the amount ordered by the court for the
support.
(Added to NRS by 1987, 2240; A 1997, 2283)
NRS 31A.270 Calculation of amount to be assigned. NRS 31A.160 applies to all assignments of income
pursuant to NRS 31A.250 to 31A.330,
inclusive. The assignment:
1. Must be calculated in accordance with NRS 31.295.
2. May include the amount of the current
support due and a payment on the arrearages if previously ordered by a court of
competent jurisdiction.
(Added to NRS by 1987, 2241; A 1999, 550, 906)
NRS 31A.280 Effect of order for assignment; duty of employer to cooperate;
modification of amount assigned; reimbursement of employer; refusal of employer
to honor assignment; discharge of employer’s liability to pay amount assigned.
1. An order for an assignment issued
pursuant to NRS 31A.250 to 31A.330,
inclusive, operates as an assignment and is binding upon any existing or future
employer of an obligor upon whom a copy of the order is served by certified
mail, return receipt requested. The order may be modified or revoked at any
time by the court.
2. To enforce the obligation for support,
the employer shall cooperate with and provide relevant information concerning
the obligor’s employment to the person entitled to the support or that person’s
legal representative. A disclosure made in good faith pursuant to this subsection
does not give rise to any action for damages for the disclosure.
3. If the order for support is amended or
modified, the person entitled to the payment of support or that person’s legal
representative shall notify the employer of the obligor to modify the amount to
be withheld accordingly.
4. To reimburse the employer for the
employer’s costs in making the payment pursuant to the assignment, the employer
may deduct $3 from the amount paid to the obligor each time the employer makes
a payment.
5. If an employer wrongfully refuses to
honor an assignment or knowingly misrepresents the income of an employee, the
court, upon request of the person entitled to the support or that person’s
legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of
income.
6. Compliance by an employer with an order
of assignment operates as a discharge of the employer’s liability to the
employee as to that portion of the employee’s income affected.
(Added to NRS by 1987, 2241; A 1997, 2283; 1999, 906)
NRS 31A.290 Prohibition against discharge or discipline of employee as
result of assignment. An employer
may not use assignments of income for payments to collect an obligation of
support as a basis for the discharge of an employee or for disciplinary action
against the employee. An employer who discharges or disciplines an employee in
violation of this section shall reinstate the employee with no loss of pay or
benefits, is liable for any payments of support not paid and shall be fined $1,000.
If an employee prevails in an action for reinstatement based on this section,
the employer is liable, in an amount of not less than $2,500, for payment of
the employee’s costs and attorney’s fees incurred in that action.
(Added to NRS by 1987, 2242; A 1997, 2283)
NRS 31A.300 Payments to be made to enforcing authority; district attorney
may enforce order; duty of enforcing authority to disburse payments. In any proceeding where a court makes or has
made an order of assignment of income for the payment of the support of a child
to a person, the court shall direct that payments made pursuant to the
assignment be made to the enforcing authority. The district attorney may appear
in any proceeding to enforce that order. The enforcing authority shall disburse
the payments so received to the person to whom the assignment was made in the
amount that the person is entitled to receive.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 906)
NRS 31A.310 Duty of person or entity for whom support is being collected to
notify court and employer of obligor of change of address.
1. The person or other entity to whom
support is ordered to be paid by assignment of income shall notify the court
and the employer of the obligor, by any form of mail requiring a return
receipt, of any change of address within a reasonable time after that change.
2. If the employer or the legal
representative of the person entitled to the payment for support is unable to
deliver payments as required pursuant to NRS 31A.250
to 31A.330, inclusive, within 3 months because of
the failure of the person entitled to the support to notify the employer or the
person’s legal representative of a change of address, the employer or legal
representative shall not make any further payments pursuant to the assignment
and shall return all undeliverable payments to the employee.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 907)
NRS 31A.320 Petition by obligor to terminate order of assignment. An obligor may petition the court to terminate
an order of assignment of income if:
1. The required payments have been withheld
and paid for 18 consecutive months to the person entitled to the support; and
2. All arrearages have been paid.
(Added to NRS by 1987, 2242; A 1997, 2284)
NRS 31A.330 Other sources of money from which support may be withheld; duty
of public entity upon receipt of order of assignment.
1. Money may be withheld for the support
of a child pursuant to NRS 31A.250 to 31A.330, inclusive, from any money due to:
(a) The obligor as a pension, an annuity,
unemployment compensation, a benefit because of disability, retirement or other
cause;
(b) The obligor as a return of contributions and
interest; or
(c) Some other person because of the death of the
obligor,
Ê from the
State of Nevada, a political subdivision of the State of Nevada or an agency of
either, a public trust, corporation or board or a system for retirement,
disability or annuity established by a statute of this state.
2. When a certified copy of any order of
assignment is served by certified mail, return receipt requested, on any entity
described in subsection 1, other than the Federal Government, it must comply
with any request for a return of employee contributions by an employee named in
the order by paying the contributions to the person entitled to the payment of
support or that person’s legal representative unless the entity has received a
certified copy of an order terminating the order of assignment. A court may not
directly or indirectly condition the issuance, modification or termination of,
or condition the terms or conditions of, any order for the support of a child
upon the issuance of such a request by an employee.
(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 907)
HEALTH INSURANCE
NRS 31A.350 Enrollment of child in plan of health insurance; notice to
enroll; deduction of premiums from wages of parent; withholding of state tax
refunds; liability for refusing to enroll child or misrepresenting information;
immunity from liability for complying with notice; remedy not exclusive.
1. If a court orders a parent to obtain
health insurance for the parent’s child and the parent fails to enroll the
child and provide written proof to the enforcing authority, the enforcing
authority shall mail to the parent’s employer or labor organization by
first-class mail, a notice requiring the employer or organization to enroll the
child in the plan of health insurance provided for the employer’s employees or
the organization’s members. The Division of Welfare and Supportive Services
shall, by regulation, prescribe the content of the notice and establish
procedures for providing the notice to ensure compliance with federal law.
2. Except as otherwise provided in this
subsection, upon receipt of a notice to enroll, mailed pursuant to subsection
1, the employer or labor organization shall enroll the child named in the
notice in the plan of health insurance provided for the employer’s employees or
the organization’s members. The child must be enrolled without regard to any
restrictions upon periods for enrollment. If more than one plan is offered by
the employer or labor organization, and each plan may be extended to cover the
child, the child must be enrolled in the parent’s plan. If the parent’s plan
cannot be extended to cover the child, the child must be enrolled in a plan
that provides coverage for a dependent that is otherwise available to the
parent, subject to the eligibility requirements of that plan. An employer,
labor organization, health maintenance organization or other insurer is not
required to enroll the child in a plan of health insurance if the child is not
otherwise eligible to be enrolled in that plan. If the child is not eligible to
be enrolled in the parent’s plan of health insurance, the employer or labor
organization shall notify the enforcing authority.
3. The employer or labor organization
shall transfer the notice to enroll to the administrator that provides coverage
pursuant to the plan of health insurance for which the child is eligible within
20 business days after the date of the notice to enroll. The administrator
shall fully complete and return the response form to the enforcing authority
within 40 business days after the date of the notice.
4. After the child is enrolled in a plan
of health insurance, the premiums required to be paid by the parent for the
child’s coverage must be deducted from the parent’s wages. If the parent’s
wages are not sufficient to pay for those premiums, the employer or labor
organization shall notify the enforcing authority. A parent may contest the
withholding pursuant to NRS 31A.050.
5. A notice to enroll sent pursuant to
subsection 1 has the same effect as an enrollment application signed by the
parent. No employer or labor organization may refuse to enroll a child because
a parent has not signed an enrollment application.
6. An employer or labor organization
shall, without liability to the parent, provide to the enforcing authority,
upon request, information about the name of the insurer and the number of the
parent’s policy of health insurance.
7. The enforcing authority may withhold
wages or other income and require withholding of state tax refunds whenever the
responsible parent has received payment from the third party and not used the
payment to reimburse the other parent or provider to the extent necessary to
reimburse the Medicaid agency.
8. The enforcing authority shall promptly
notify the employer or labor organization when there is no longer a current
order for medical support in effect for which the enforcing authority is
responsible.
9. The employer shall notify the enforcing
authority when the parent subject to the notice to enroll terminates the
parent’s employment, and provide the last known address of the parent and the
name of any new employer of the parent, if known.
10. If an employer or labor organization
wrongfully refuses to enroll a child in a plan of health insurance as required
in this section, or knowingly misrepresents that health insurance is not
available, the employer or labor organization may be held liable for punitive
damages and all unreimbursed medical expenses incurred during the period in
which insurance was not in effect.
11. An employer, labor organization or
enforcing authority who complies with a notice to enroll that is regular on its
face may not be held liable in any civil action for any conduct taken in
compliance with the notice.
12. The remedy provided by this section is
in addition to, and is not a substitute for, any other remedy available for the
enforcement of such an order.
(Added to NRS by 1993, 237; A 1995, 2422; 1997, 2285; 1999, 907; 2003, 1427)
