Nrs: Chapter 31A - Enforcement Of Obligations For Support Of Children

Link to law: https://www.leg.state.nv.us/NRS/NRS-031A.html
Published: 2015

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[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)