[Rev. 11/21/2013 11:33:09
AM--2013]
CHAPTER 425 - SUPPORT OF DEPENDENT CHILDREN
GENERAL PROVISIONS
NRS 425.260 Definitions.
NRS 425.270 “Administrator”
defined.
NRS 425.280 “Assistance”
and “public assistance” defined.
NRS 425.285 “Chief”
defined.
NRS 425.289 “Court”
defined.
NRS 425.290 “Court
order” defined.
NRS 425.295 “Debt”
defined.
NRS 425.300 “Dependent
child” defined.
NRS 425.310 “Division”
defined.
NRS 425.312 “Enforcing
authority” defined.
NRS 425.315 “Office”
defined.
NRS 425.318 “Program”
defined.
NRS 425.320 “Prosecuting
attorney” defined.
NRS 425.330 “Responsible
parent” defined.
NRS 425.335 “State”
defined.
NRS 425.340 Purpose
of chapter; remedies cumulative.
NRS 425.345 Applicability
of chapters 31A, 125B and 126
of NRS.
NRS 425.346 Applicability
of and compliance with chapter 130 of NRS.
NRS 425.350 Duty
of parent to support child; assignment of right to support upon acceptance of
assistance; appointment of Administrator as attorney-in-fact; enforceability of
debt for support; notice of assignment.
NRS 425.360 Debt
for support: Payment of public assistance creates debt; amount; Division
entitled to reimbursement; conditions under which debt not incurred; provision
of information concerning health insurance coverage of dependent children.
NRS 425.363 State
Child Support Disbursement Fund: Creation; deposits in Fund; use of money in
Fund.
NRS 425.365 Authority
of Administrator to adopt regulations and carry out chapter.
NRS 425.370 Duty
of Division and prosecuting attorney to carry out Program.
NRS 425.375 Participation
in Program by counties; participating county required to pay cost of Program;
withdrawal from Program by county.
NRS 425.380 Establishment
of paternity and enforcement of support: Duty of district attorney; authority
of Attorney General.
PROCEDURE FOR JUDICIAL ENFORCEMENT
NRS 425.381 Master:
Appointment; qualifications.
NRS 425.382 Authority
of Chief and master.
NRS 425.3822 Notice
and finding of financial responsibility: Issuance; service.
NRS 425.3824 Notice
and finding of financial responsibility: Contents; conference; hearing.
NRS 425.3826 Notice
and finding of financial responsibility: Additional requirements when paternity
has not been legally established.
NRS 425.3828 Hearing
required upon request; issuance of recommendation for support by master;
approval of recommendation by district court; judicial relief.
NRS 425.383 Modification
or adjustment of order for support.
NRS 425.3832 Hearings:
Procedure; subpoenas; compensation of witnesses; evidence.
NRS 425.3834 Enforcement
of order approving recommendation for support; judicial review; effect of
recommendation during judicial review.
NRS 425.3835 Court
prohibited from staying proceeding or refusing hearing in certain
circumstances; court required to hold hearing; court authorized to issue
support order pendente lite.
NRS 425.3836 Notice
of intent to enforce court order for support; hearing; issuance of
recommendation for support; effect of approval of recommendation; effect of
noncompliance with order.
NRS 425.3838 Establishment
of paternity: Procedure when paternity not disputed.
NRS 425.384 Establishment
of paternity: Procedure when paternity is disputed.
NRS 425.3841 Establishment
of paternity: Recommendation for temporary support pending resolution of
proceedings.
NRS 425.3844 Recommendation
entered by master: Notification of parties; objection to recommendation;
judicial review; approval and filing; effect upon filing.
NRS 425.3846 Enforcement
of support in accordance with chapter 31A
of NRS.
NRS 425.3847 Retention
of annual fees to carry out Program. [Effective until the date on which the
provisions of 42 U.S.C. § 654 requiring each state to impose an annual fee of
$25 in the case of a person who has never received assistance pursuant to Title
IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and for whom the State
has collected $500 or more of support are repealed by the Congress of the
United States.]
NRS 425.3848 Disposal
of property by parent: Temporary restraining order; bond; notice of lis
pendens.
NRS 425.385 Certification
of complex issues to district court; temporary support.
NRS 425.3852 Certification
of proceeding to district court: Representation of public interests;
presentation of case.
NRS 425.3855 Social
security numbers of parents or legal guardians to be provided to enforcing
authority.
COLLECTION, DISSEMINATION AND USE OF INFORMATION
NRS 425.390 Statement
of responsible parent concerning ability to support child: Contents; additional
statements; penalties.
NRS 425.393 Authority
of Chief to request information to carry out chapter; compliance with request.
NRS 425.395 Submission
to Division of information regarding holders of certain licenses, certificates
or permits; dissemination of information. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 425.395 Submission
to Division of information regarding holders of certain licenses, certificates
or permits; dissemination of information. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 425.397 Use
of information received regarding holders of certain licenses, certificates or
permits; notification that holder is in arrears in payment of support.
NRS 425.400 Registry
of information concerning responsible parents: Establishment; requests for
information and assistance; failure to comply with request; disclosure of
information.
NRS 425.405 Adoption
and enforcement of regulations for protection of privacy.
ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT
NRS 425.410 Payment
of support through enforcing authority; collection and use of damages for
dishonored check, draft or extension of credit.
NRS 425.420 Deposit
of certain receipts in State General Fund.
NRS 425.430 Distribution
of money recovered by enforcing authority.
NRS 425.440 Uncollectible
debt for support.
NRS 425.450 Adjustment
of orders for support.
NRS 425.460 Exchanges
of data with financial institutions; encumbrance or surrender of assets of
responsible parents held by financial institutions; financial institutions not
liable for compliance; Division or agency for enforcement of child support
located in another state not liable for return of surrendered assets.
NRS 425.470 Collection
of arrearages in payments of support; notice to responsible parent; request for
hearing; good faith effort to resolve matter required before hearing.
NRS 425.480 Fraudulent
transfer of property by responsible parent: Duties of Division.
NRS 425.490 Blood
tests or tests of genetic identification to determine paternity: Authority of
Chief; payment of costs; orders for additional testing.
SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FOR
NONCOMPLIANCE WITH CERTAIN REQUIREMENTS
NRS 425.500 “Agency
that issues a professional, occupational or recreational license, certificate
or permit” defined. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 425.500 “Agency
that issues a professional or occupational license, certificate or permit
pursuant to title 54 of NRS” defined. [Effective on the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 425.510 Reporting
to Department of Motor Vehicles names of persons who failed to pay support or
comply with certain subpoenas or warrants; request for hearing; good faith
effort to resolve matter required; plan for repayment of arrearages. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 425.510 Reporting
to Department of Motor Vehicles names of persons who failed to pay support;
request for hearing; good faith effort to resolve matter required; plan for
repayment of arrearages. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 425.520 Statement
by applicant for professional, occupational or recreational license, certificate
or permit. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 425.520 Statement
by applicant for professional or occupational license, certificate or permit.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings and expires by limitation 2 years after
that date.]
NRS 425.530 Notice
to person who failed to pay support or comply with certain subpoenas or
warrants; request for suspension of person’s licenses, certificates and
permits; request for hearing; good faith effort to resolve matter required.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 425.530 Notice
to person who failed to pay support or comply with certain subpoenas or
warrants; request for suspension of person’s licenses, certificates and
permits; request for hearing; good faith effort to resolve matter required.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings and expires by limitation 2 years after
that date.]
NRS 425.540 Dissemination
and contents of court order approving recommendation of master determining that
person has failed to pay support or comply with certain subpoenas or warrants;
notification of person subject to order. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 425.540 Dissemination
and contents of court order approving recommendation of master determining that
person has failed to pay support or comply with certain subpoenas or warrants;
notification of person subject to order. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
NRS 425.550 Issuance
and dissemination of letter stating that person has complied with subpoena or
warrant or satisfied arrearage. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 425.550 Issuance
and dissemination of letter stating that person has complied with subpoena or
warrant or satisfied arrearage. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 425.560 Determination
that person is in arrears in payments for support; satisfaction of arrearage.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 425.560 Determination
that person is in arrears in payments for support; satisfaction of arrearage.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings and expires by limitation 2 years after
that date.]
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GENERAL PROVISIONS
NRS 425.260 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 425.270 to 425.335, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1977, 719; A 1987, 2253; 1989, 1641; 1997, 2028, 2244)
NRS 425.270 “Administrator” defined. “Administrator”
means the Administrator of the Division, or a representative of the
Administrator.
(Added to NRS by 1977, 719; A 1989, 1641)
NRS 425.280 “Assistance” and “public assistance” defined. “Assistance” and “public assistance” mean any
payment made by the Division to or on behalf of a child pursuant to the
provisions of title 38 of NRS.
(Added to NRS by 1977, 720)
NRS 425.285 “Chief” defined. “Chief”
means the Chief of the Program or a person designated by the Chief.
(Added to NRS by 1989, 1634)
NRS 425.289 “Court” defined. “Court”
means the district court or any judicial or administrative procedure
established in this or any other state to facilitate the collection of an
obligation for the support of a child.
(Added to NRS by 1989, 1634; A 1997, 2244)
NRS 425.290 “Court order” defined. “Court
order” means any judgment, decree or order of a court of this or any state
having jurisdiction that orders the payment of a set or determinable amount of
support money.
(Added to NRS by 1977, 720; A 1989, 1641)
NRS 425.295 “Debt” defined. “Debt”
means the amount of money owed as support for a dependent child pursuant to:
1. An order of a court of competent
jurisdiction of this or any other state; or
2. A recommendation entered by the master
pursuant to NRS 425.382 to 425.3852,
inclusive, and approved by the district court.
(Added to NRS by 1989, 1634; A 1991, 1031; 1993, 487; 1997, 2244)
NRS 425.300 “Dependent child” defined. “Dependent
child” means any person, who is not otherwise emancipated, self-supporting or a
member of the Armed Forces of the United States, who is:
1. Under the age of 18 years; or
2. Under 19 years of age and who is a
student in high school.
(Added to NRS by 1977, 720; A 1989, 1642)
NRS 425.310 “Division” defined. “Division”
means the Division of Welfare and Supportive Services of the Department of Health
and Human Services.
(Added to NRS by 1977, 720)
NRS 425.312 “Enforcing authority” defined. “Enforcing
authority” means the Division, its designated representative or the prosecuting
attorney.
(Added to NRS by 1997, 2240)
NRS 425.315 “Office” defined. “Office”
means the office of the Program.
(Added to NRS by 1989, 1634)
NRS 425.318 “Program” defined. “Program”
means the Program established to locate absent parents, establish paternity and
obtain child support pursuant to Part D of Title IV of the Social Security Act
(42 U.S.C. §§ 651 et seq.) and other provisions of that Act relating to the
enforcement of child support.
(Added to NRS by 1989, 1634; A 1997, 2245)
NRS 425.320 “Prosecuting attorney” defined. “Prosecuting
attorney” means the district attorney of any county or of Carson City, or the
Attorney General when acting pursuant to NRS 425.380.
(Added to NRS by 1977, 720)
NRS 425.330 “Responsible parent” defined. “Responsible
parent” means the natural or adoptive parent of a dependent child, or any
person who is responsible for the support of a dependent child by law, contract
or order of a court of competent jurisdiction.
(Added to NRS by 1977, 720)
NRS 425.335 “State” defined. “State”
has the meaning ascribed to it in NRS
130.10179.
(Added to NRS by 1997, 2240; A 1997, 2347)
NRS 425.340 Purpose of chapter; remedies cumulative. It is the purpose of this chapter that
children be promptly maintained insofar as possible from the resources of
responsible parents. The remedies provided in this chapter are cumulative and
in addition to any other remedy provided by law.
(Added to NRS by 1977, 723; A 1997, 2245)
NRS 425.345 Applicability of chapters 31A,
125B and 126 of NRS. To the extent they are not inconsistent with
the provisions of this chapter, the provisions of chapters 31A, 125B
and 126 of NRS apply to any action taken
pursuant to the provisions of this chapter.
(Added to NRS by 1989, 1634; A 1997, 2245; 2007, 1527)
NRS 425.346 Applicability of and compliance with chapter
130 of NRS. To the
extent that any provision of this chapter is inconsistent with the provisions
of chapter 130 of NRS regarding the effect,
enforcement or modification of an order relating to the support of a child
issued by a court other than a court of this State, the provision of this
chapter does not apply to the order. The enforcement and any modification of
such an order must comply with the provisions of chapter
130 of NRS.
(Added to NRS by 1997, 2240; A 1997, 2347)
NRS 425.350 Duty of parent to support child; assignment of right to support
upon acceptance of assistance; appointment of Administrator as
attorney-in-fact; enforceability of debt for support; notice of assignment.
1. A parent has duties to support his or
her children which include any duty arising by law or under a court order.
2. If a court order specifically provides
that no support for a child is due, the order applies only to those facts upon
which the decision was based.
3. By accepting assistance in his or her
own behalf or in behalf of any other person, the applicant or recipient shall
be deemed to have made an assignment to the Division of all rights to support
from any other person which the applicant or recipient may have in his or her
own behalf or in behalf of any other member of the family for whom the
applicant or recipient is applying for or receiving assistance. Except as
otherwise required by federal law or as a condition to the receipt of federal
money, rights to support include, but are not limited to, accrued but unpaid
payments for support and payments for support to accrue during the period for
which assistance is provided. The amount of the assigned rights to support must
not exceed the amount of public assistance provided or to be provided. If a
court order exists for the support of a child on whose behalf public assistance
is received, the Division shall attempt to notify a located responsible parent
as soon as possible after assistance begins that the child is receiving public
assistance. If there is no court order for support, the Division shall with
service of process serve notice on the responsible parent in the manner
prescribed in subsection 2 of NRS 425.3822 within
90 days after the date on which the responsible parent is located.
4. The recipient shall be deemed, without
the necessity of signing any document, to have appointed the Administrator as
the attorney-in-fact of the recipient with power of substitution to act in the
name of the recipient and to endorse all drafts, checks, money orders or other
negotiable instruments representing payments for support which are received as
reimbursement for the public assistance previously paid to or on behalf of each
recipient.
5. The rights of support assigned under
subsection 3 constitute a debt for support owed to the Division by the
responsible parent. The debt for support is enforceable by any remedy provided
by law. The Division, through the prosecuting attorney, may also collect
payments of support when the amount of the rights of support exceeds the amount
of the debt for support.
6. The assignment provided for in
subsection 3 is binding upon the responsible parent upon service of notice of
the assignment. After notification, payments by the responsible parent to
anyone other than the Division must not be credited toward the satisfaction of
the debt for support. Service of notice is complete upon:
(a) The mailing, by first-class mail, of the
notice to the responsible parent at the last known address of the responsible
parent;
(b) Service of the notice in the manner provided
for service of civil process; or
(c) Actual notice.
(Added to NRS by 1977, 720; A 1981, 352; 1985, 1431; 1995, 2424; 1997, 2246)
NRS 425.360 Debt for support: Payment of public assistance creates debt;
amount; Division entitled to reimbursement; conditions under which debt not
incurred; provision of information concerning health insurance coverage of
dependent children.
1. Any payment of public assistance
pursuant to this chapter creates a debt for support to the Division by the
responsible parent, whether or not the parent received prior notice that the
child of the parent was receiving public assistance.
2. The Division is entitled to the amount
to which a dependent child or a person having the care, custody and control of
a dependent child would have been entitled for support, to the extent of the
assignment of those rights to support pursuant to NRS
425.350, and may prosecute or maintain any action for support or execute
any administrative remedy existing under the laws of this State to obtain
reimbursement of money expended for public assistance from any liable third
party, including an insurer, group health plan as defined in section 607(1) of
the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1167(1),
service benefit plan, self-insured plan or health maintenance organization. If
a court enters judgment for an amount of support to be paid by a responsible
parent, the Division is entitled to the amount of the debt created by that
judgment to the extent of the assignment of rights to support pursuant to NRS 425.350, and the judgment awarded shall be deemed
to be in favor of the Division to that extent. This entitlement applies to, but
is not limited to, a temporary order for spousal support, a family maintenance
order or an alimony order, whether or not allocated to the benefit of the child
on the basis of providing necessaries for the caretaker of the child, up to the
amount paid by the Division in public assistance to or for the benefit of a
dependent child. The Division may petition the appropriate court for
modification of its order on the same grounds as a party to the action.
3. If there is no court order for support,
or if the order provides that no support is due but the facts on which the
order was based have changed, the amount due is the amount computed pursuant to
NRS 125B.070 and 125B.080, using the Nevada average wage,
determined by the Employment Security Division of the Department of Employment,
Training and Rehabilitation, if the gross income of the responsible parent
cannot be otherwise ascertained.
4. Debts for support may not be incurred
by a parent or any other person who is the recipient of public assistance for
the benefit of a dependent child for the period when the parent or other person
is a recipient.
5. If a state agency is assigned any rights
of a dependent child or a person having the care, custody and control of a
dependent child who is eligible for medical assistance under Medicaid, the
person having the care, custody and control of the dependent child shall, upon
request of the state agency, provide to the state agency information regarding
the dependent child or a person having the care, custody and control of a
dependent child to determine:
(a) Any period during which the dependent child
or a person having the care, custody and control of a dependent child may be or
may have been covered by an insurer; and
(b) The nature of any coverage that is or was
provided by the insurer, including, without limitation, the name and address of
the insured dependent child or a person having the care, custody and control of
a dependent child and the identifying number of the policy, evidence of
coverage or contract.
(Added to NRS by 1977, 721; A 1981, 353; 1985, 1433; 1987, 2254; 1995, 2425; 1997, 2247; 2007, 2394)
NRS 425.363 State Child Support Disbursement Fund: Creation; deposits in
Fund; use of money in Fund.
1. The State Child Support Disbursement
Fund is hereby created as an agency fund, to be administered by the Chief. All
money collected or otherwise received by the enforcing authority to carry out
the provisions of 42 U.S.C. § 654b must be deposited in the Fund. The Fund is a
continuing fund without reversion. Any interest and income earned on the money
in the Fund must, after deducting any applicable charges, be credited to the
Fund.
2. If a check which is accepted for
deposit in the Fund is dishonored upon presentation for payment:
(a) The amount of the check must be charged
against the Fund; and
(b) The enforcing authority shall comply with
subsection 2 of NRS 425.410.
3. The money in the Fund must be used to
carry out the provisions of 42 U.S.C. § 654b.
(Added to NRS by 1999, 823)
NRS 425.365 Authority of Administrator to adopt regulations and carry out
chapter.
1. The Administrator or the designee of
the Administrator is responsible for and shall supervise the Program, subject
to administrative supervision by the Director of the Department of Health and
Human Services.
2. The Administrator may adopt such
regulations and take such actions as are necessary to carry out the provisions
of this chapter.
(Added to NRS by 1997, 2240; A 2009, 944)
NRS 425.370 Duty of Division and prosecuting attorney to carry out Program. Subject to administrative supervision by the
Director of the Department of Health and Human Services pursuant to NRS 425.365:
1. Whenever the Division provides public
assistance on behalf of a child, the Division and the prosecuting attorney
shall take appropriate action to carry out the Program with regard to that
child.
2. As to any other child, the Division and
the prosecuting attorney shall, when such action is required by the Social
Security Act, 42 U.S.C. §§ 301 et seq., take appropriate action to carry out
the Program.
(Added to NRS by 1977, 721; A 1997, 2247; 2009, 944)
NRS 425.375 Participation in Program by counties; participating county
required to pay cost of Program; withdrawal from Program by county.
1. Each county may participate in the
Program. If a county participates in the Program, the county shall pay the cost
of the Program in that county. Any services provided by the county under the
Program must be provided in accordance with:
(a) Part D of Title IV of the Social Security
Act, 42 U.S.C. §§ 651 et seq., and any regulations adopted pursuant thereto;
(b) Any regulations adopted pursuant to NRS 425.365; and
(c) A contract entered into with the Division for
that purpose.
2. If a county participates in the Program
pursuant to subsection 1, the county may, on or before September 1 of each
even-numbered year, elect to withdraw from the Program by submitting a notice
of withdrawal to the Division. If a county submits a notice of withdrawal
pursuant to this subsection, the withdrawal becomes effective on July 1 of the
next following year.
(Added to NRS by 2009, 944)
NRS 425.380 Establishment of paternity and enforcement of support: Duty of
district attorney; authority of Attorney General.
1. The district attorney is responsible
for establishing paternity and securing support pursuant to this chapter in
cases referred by the Division.
2. The Attorney General may assist any
district attorney upon request.
3. If a district attorney fails or refuses
to perform this duty in a particular case in which assistance is granted, or in
which the establishment of paternity or enforcement of support is required, the
Attorney General may undertake to perform this duty and may exercise in
connection therewith all powers of the district attorney provided by law.
(Added to NRS by 1977, 722; A 1997, 2248)
PROCEDURE FOR JUDICIAL ENFORCEMENT
NRS 425.381 Master: Appointment; qualifications.
1. A master must be appointed as set forth
in this section.
2. The district judges of:
(a) The Family Court of the Second Judicial
District shall appoint the masters for that District, and shall establish the
qualifications and duties of those masters; and
(b) The Family Court of the Eighth Judicial
District shall appoint the masters for that District, and shall establish the
qualifications and duties of those masters.
3. The district judges of the remaining
judicial districts shall appoint the masters for those districts, and shall
establish the qualifications and duties of those masters.
4. A master serves at the pleasure of the
district judges who appointed the master.
(Added to NRS by 1991, 1031; A 1993, 483, 487)
NRS 425.382 Authority of Chief and master.
1. Except as otherwise provided in NRS 425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852,
inclusive, after:
(a) Payment of public assistance by the Division;
or
(b) Receipt of a request for services to carry
out the Program.
2. Subject to approval by the district
court pursuant to NRS 425.3844, a master may:
(a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions
described in subsection 2 of NRS 130.305.
(b) Except as otherwise provided in chapter 130 of NRS and NRS
425.346:
(1) Issue and enforce an order for the
support of a dependent child, and modify or adjust such an order in accordance
with NRS 125B.145;
(2) Require coverage for health care of a
dependent child;
(3) Establish paternity;
(4) Order a responsible parent to comply
with an order for the support of a dependent child, specifying the amount and
the manner of compliance;
(5) Order the withholding of income;
(6) Determine the amount of any arrearages
and specify a method of payment;
(7) Enforce orders by civil or criminal
contempt, or both;
(8) Set aside property for satisfaction of
an order for the support of a dependent child;
(9) Place liens and order execution on the
property of the responsible parent;
(10) Order a responsible parent to keep
the master informed of the responsible parent’s current residential address,
telephone number, employer, address of employment and telephone number at the
place of employment;
(11) Issue a bench warrant for a
responsible parent who has failed after proper notice to appear at a hearing
ordered by the master and enter the bench warrant in any local and state computer
system for criminal warrants;
(12) Order the responsible parent to seek
appropriate employment by specified methods;
(13) Order the responsible parent to
participate in a program intended to resolve issues that prevent the
responsible parent from obtaining employment, including, without limitation, a
program for the treatment of substance abuse or a program to address mental
health issues;
(14) Upon the request of the Division,
require a responsible parent to:
(I) Pay any support owed in accordance
with a plan approved by the Division; or
(II) Participate in such work
activities, as that term is defined in 42 U.S.C. § 607(d), as the Division
deems appropriate;
(15) Award reasonable attorney’s fees and
other fees and costs; and
(16) Grant any other available remedy.
(Added to NRS by 1989, 1641; A 1991, 1031; 1993, 487, 2067; 1997, 2248, 2249; 2007, 256, 1229; 2009, 945)
NRS 425.3822 Notice and finding of financial responsibility: Issuance;
service.
1. If there is no court order concerning
the support of a child entered against the parent from whom support is sought,
the Chief may issue a notice and finding of financial responsibility after the
Division:
(a) Makes a payment of public assistance; or
(b) Receives a request for services to carry out
the Program.
2. The notice must be served upon the
parent in the manner prescribed for service of summons in a civil action or by
certified mail, restricted delivery, with return receipt requested.
(Added to NRS by 1989, 1634; A 1991, 1338; 1995, 2425; 1997, 2250)
NRS 425.3824 Notice and finding of financial responsibility: Contents;
conference; hearing.
1. The notice and finding of financial
responsibility issued pursuant to NRS 425.3822
must include:
(a) The name of the person who has physical
custody of the dependent child and the name of the child for whom support is to
be paid.
(b) A statement of the monthly support for which
the parent is responsible.
(c) A statement of the amount of arrearages
sought, if any.
(d) A statement that the parent may be required
to provide coverage for the health care of the dependent child when coverage is
available to the parent at a reasonable cost.
(e) A statement of any requirements the Division
will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of
support by the parent or the participation of the parent in work activities.
(f) A statement that if the parent desires to
discuss the amount of support or coverage for health care that the parent
should be required to pay or provide, the parent may contact the office that
sent the notice within 20 days after the date of receipt of service and request
a conference for negotiation.
(g) A statement that if the parent objects to any
part of the notice and finding of financial responsibility, the parent must
send to the office that issued the notice a written response within 20 days
after the date of receipt of service that sets forth any objections and requests
a hearing.
(h) A statement that if a response is received
within the specified period, the parent is entitled to a hearing and that if a
written response is not received within the specified period, the master may
enter a recommendation for support of a dependent child in accordance with the
notice and finding of financial responsibility.
(i) A statement that as soon as the
recommendation is entered and approved by the court, the property of the parent
is subject to an attachment or other procedure for collection, including, but
not limited to, withholding of wages, garnishment, liens and execution on
liens.
(j) A reference to NRS
425.382 to 425.3852, inclusive.
(k) A statement that the parent is responsible
for notifying the office of any change of address or employment.
(l) A statement that if the parent has any
questions, the parent may contact the office or consult an attorney.
(m) Such other information as the Chief finds
appropriate.
2. The statement of the monthly support
required pursuant to paragraph (b) of subsection 1 must be computed in
accordance with NRS 125B.070.
3. After a conference for negotiation is
held pursuant to paragraph (f) of subsection 1, if an agreement is not reached
on the monthly support to be paid or the coverage to be provided, a hearing
must be held pursuant to NRS 425.3832 and notice
of the hearing must be sent to the parent by regular mail at the last known
address of the parent or to the last known address of the attorney for the
parent.
(Added to NRS by 1989, 1634; A 1991, 1032; 1993, 487; 1997, 2250, 2251; 2007, 256)
NRS 425.3826 Notice and finding of financial responsibility: Additional
requirements when paternity has not been legally established. If the paternity of the dependent child has
not been legally established and a notice and finding of financial
responsibility is to be served on the alleged parent, the notice must include:
1. The information required by NRS 425.3824.
2. An allegation that the person is the
parent of the dependent child.
3. The name of the other parent of the
child.
4. The date of birth of the child.
5. The probable period during which
conception took place.
6. A statement that if the alleged parent
does not send to the office issuing the notice and finding of financial
responsibility a written response that denies paternity and requests a hearing,
within the specified period, the master, without further notice to the alleged
parent, may enter a recommendation that declares and establishes the person as
the legal parent of the child.
(Added to NRS by 1989, 1635; A 1991, 1033; 1993, 487)
NRS 425.3828 Hearing required upon request; issuance of recommendation for
support by master; approval of recommendation by district court; judicial
relief.
1. If a written response setting forth
objections and requesting a hearing is received by the office issuing the
notice and finding of financial responsibility within the specified period, a
hearing must be held pursuant to NRS 425.3832 and
notice of the hearing must be sent to the parent by regular mail.
2. If a written response and request for
hearing is not received by the office issuing the notice and finding of
financial responsibility within the specified period, the master may enter a
recommendation for the support of a dependent child in accordance with the
notice and shall:
(a) Include in that recommendation:
(1) If the paternity of the dependent
child is established by the recommendation, a declaration of that fact.
(2) The amount of monthly support to be
paid, including directions concerning the manner of payment.
(3) The amount of arrearages owed.
(4) Whether coverage for health care must
be provided for the dependent child.
(5) Any requirements to be imposed
pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of
support by the parent or the participation of the parent in work activities.
(6) The names of the parents or legal
guardians of the child.
(7) The name of the person to whom, and
the name and date of birth of the dependent child for whom, support is to be
paid.
(8) A statement that the property of the
parent is subject to an attachment or other procedure for collection,
including, but not limited to, withholding of wages, garnishment, liens and
execution on liens.
(9) A statement that objections to the
recommendation may be filed with the district court and served upon the other
party within 10 days after receipt of the recommendation.
(b) Ensure that the social security numbers of
the parents or legal guardians of the child and the person to whom support is
to be paid are provided to the enforcing authority.
3. The parent must be sent a copy of the
recommendation for the support of a dependent child by regular mail addressed
to the last known address of the parent, or if applicable, the last known
address of the attorney for the parent.
4. The recommendation for the support of a
dependent child is final upon approval by the district court pursuant to NRS 425.3844. The Chief may take action to enforce
and collect upon the order of the court approving the recommendation, including
arrearages, from the date of the approval of the recommendation.
5. If a written response and request for
hearing is not received by the office issuing the notice and finding of
financial responsibility within the specified period, and the master enters a
recommendation for the support of a dependent child, the court may grant relief
from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of
Civil Procedure.
(Added to NRS by 1989, 1636; A 1991, 1033; 1993, 487; 1997, 2252, 2253; 1999, 2682; 2007, 257, 2103; 2009, 945)
NRS 425.383 Modification or adjustment of order for support.
1. After the entry of a recommendation for
the support of a dependent child by the master that has been approved by the
district court pursuant to NRS 425.3844, or after
entry of an order for the support of a dependent child by a district court
regarding which the Chief is authorized to proceed pursuant to NRS 425.382 to 425.3852,
inclusive, the responsible parent, the person entitled to support or the
enforcing authority may move for the amount of the child support being enforced
to be modified or adjusted in accordance with NRS 125B.145.
2. The motion must:
(a) Be in writing.
(b) Set out the reasons for the modification or
adjustment.
(c) State the address of the moving party.
(d) Be served by the moving party upon the
responsible parent or the person entitled to support, as appropriate, by
first-class mail to the last known address of that person.
3. The moving party shall mail or deliver
a copy of the motion and the original return of service to the Chief.
4. The Chief shall set the matter for a
hearing within 30 days after the date of receipt of the motion unless a
stipulated agreement between the parties is reached. The Chief shall send to
the parties and person with physical custody of the dependent child a notice of
the hearing by first-class mail to the last known address of those persons.
5. A motion for modification or adjustment
requested pursuant to this section does not prohibit the Chief from enforcing
and collecting upon the existing order for support of a dependent child unless
so ordered by the district court.
6. The only support payments that may be
modified or adjusted pursuant to this section are monthly support payments
that:
(a) A court of this state has jurisdiction to
modify pursuant to chapter 130 of NRS; and
(b) Accrue after the moving party serves notice
that a motion has been filed for modification or adjustment.
7. The party requesting the modification
or adjustment has the burden of showing a change of circumstances and good
cause for the modification or adjustment, unless the request is filed in
accordance with subsection 1 of NRS
125B.145.
(Added to NRS by 1989, 1636; A 1991, 1034; 1993, 487; 1997, 2254, 2255; 2009, 946)
NRS 425.3832 Hearings: Procedure; subpoenas; compensation of witnesses;
evidence.
1. Except as otherwise provided in this
chapter, a hearing conducted pursuant to NRS 425.382
to 425.3852, inclusive, must be conducted in accordance
with the provisions of this section by a qualified master appointed pursuant to
NRS 425.381.
2. Subpoenas may be issued by:
(a) The master.
(b) The attorney of record for the office.
Ê Obedience to
the subpoena may be compelled in the same manner as provided in chapter 22 of NRS. A witness appearing pursuant
to a subpoena, other than a party or an officer or employee of the Chief, is
entitled to receive the fees and payment for mileage prescribed for a witness
in a civil action.
3. Except as otherwise provided in this
section, the master need not observe strict rules of evidence but shall apply
those rules of evidence prescribed in NRS
233B.123.
4. The affidavit of any party who resides
outside of the judicial district is admissible as evidence regarding the duty
of support, any arrearages and the establishment of paternity. The master may
continue the hearing to allow procedures for discovery regarding any matter set
forth in the affidavit.
5. The physical presence of a person
seeking the establishment, enforcement, modification or adjustment of an order
for the support of a dependent child or the establishment of paternity is not
required.
6. A verified petition, an affidavit, a
document substantially complying with federally mandated forms and a document
incorporated by reference in any of them, not excluded under NRS 51.065 if given in person, is
admissible in evidence if given under oath by a party or witness residing
outside of the judicial district.
7. A copy of the record of payments for
the support of a dependent child, certified as a true copy of the original by
the custodian of the record, may be forwarded to the master. The copy is
evidence of facts asserted therein and is admissible to show whether payments
were made.
8. Copies of bills for testing for
paternity, and for prenatal and postnatal health care of the mother and child,
furnished to the adverse party at least 20 days before the hearing, are
admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary and customary.
9. Documentary evidence transmitted from
outside of the judicial district by telephone, telecopier or other means that
do not provide an original writing may not be excluded from evidence on an
objection based on the means of transmission.
10. The master may:
(a) Conduct a hearing by telephone, audiovisual
means or other electronic means outside of the judicial district in which the
master is appointed.
(b) Permit a party or witness residing outside of
the judicial district to be deposed or to testify by telephone, audiovisual
means or other electronic means before a designated court or at another
location outside of the judicial district.
Ê The master
shall cooperate with courts outside of the judicial district in designating an
appropriate location for the hearing, deposition or testimony.
11. If a party called to testify at a
hearing refuses to answer a question on the ground that the testimony may be
self-incriminating, the master may draw an adverse inference from the refusal.
12. A privilege against the disclosure of
communications between husband and wife does not apply.
13. The defense of immunity based on the
relationship of husband and wife or parent and child does not apply.
(Added to NRS by 1989, 1637; A 1991, 1034; 1993, 487; 1997, 2256; 2009, 947)
NRS 425.3834 Enforcement of order approving recommendation for support;
judicial review; effect of recommendation during judicial review.
1. Upon issuance by a district court of an
order approving a recommendation entered by a master pursuant to NRS 425.382 to 425.3852,
inclusive, the Chief shall enforce and collect upon the order, including
arrearages.
2. A recommendation entered by a master
pursuant to NRS 425.382 to 425.3852,
inclusive, is final upon approval by the district court pursuant to NRS 425.3844. Upon such approval, the recommendation
is in full force and effect while any judicial review is pending unless the
recommendation is stayed by the district court.
3. The district court may review a
recommendation entered by a master pursuant to NRS
425.382 to 425.3852, inclusive. If a review is
conducted, the district court:
(a) Shall, except as otherwise provided in
paragraph (b), review the recommendation on the record of the case before the
master.
(b) May, in extraordinary circumstances as
determined by the district court, grant a trial de novo.
(Added to NRS by 1989, 1637; A 1991, 1035; 1993, 483, 487; 1997, 2257; 2009, 948)
NRS 425.3835 Court prohibited from staying proceeding or refusing hearing in
certain circumstances; court required to hold hearing; court authorized to
issue support order pendente lite. Except
as otherwise required by the provisions of this chapter, a court of this state:
1. Shall not stay a proceeding or refuse a
hearing pursuant to NRS 425.382 to 425.3852, inclusive, because of any pending or prior
action or proceeding for divorce, separation, annulment, dissolution, habeas
corpus, adoption or custody in this or any other state.
2. Shall hold a hearing pursuant to NRS 425.382 to 425.3852,
inclusive, and may issue a support order pendente lite and, in aid thereof,
require the obligor to give a bond for the prompt prosecution of the pending
proceeding.
(Added to NRS by 1999, 169)
NRS 425.3836 Notice of intent to enforce court order for support; hearing;
issuance of recommendation for support; effect of approval of recommendation;
effect of noncompliance with order.
1. After the issuance of an order for the
support of a dependent child by a court, the Chief may issue a notice of intent
to enforce the order. The notice must be served upon the responsible parent in
the manner prescribed for service of summons in a civil action or mailed to the
responsible parent by certified mail, restricted delivery, with return receipt
requested.
2. The notice must include:
(a) The names of the person to whom support is to
be paid and the dependent child for whom support is to be paid.
(b) The amount of monthly support the responsible
parent is required to pay by the order for support.
(c) A statement of the arrearages owed pursuant
to the order for support.
(d) A demand that the responsible parent make
full payment to the enforcing authority within 14 days after the receipt or
service of the notice.
(e) A statement that the responsible parent may
be required to provide coverage for the health care of the dependent child when
coverage is available to the parent at a reasonable cost.
(f) A statement of any requirements the Division
will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of
support by the responsible parent or the participation of the responsible
parent in work activities.
(g) A statement that if the responsible parent
objects to any part of the notice of intent to enforce the order, the
responsible parent must send to the office that issued the notice a written
response within 14 days after the date of receipt of service that sets forth
any objections and includes a request for a hearing.
(h) A statement that if full payment is not
received within 14 days or a hearing has not been requested in the manner
provided in paragraph (g), the Chief is entitled to enforce the order and that
the property of the responsible parent is subject to an attachment or other
procedure for collection, including, but not limited to, withholding of wages,
garnishment, liens and execution on liens.
(i) A reference to NRS
425.382 to 425.3852, inclusive.
(j) A statement that the responsible parent is
responsible for notifying the office of any change of address or employment.
(k) A statement that if the responsible parent
has any questions, the responsible parent may contact the appropriate office or
consult an attorney.
(l) Such other information as the Chief finds
appropriate.
3. If a written response setting forth
objections and requesting a hearing is received within the specified period by
the office issuing the notice of intent to enforce the order, a hearing must be
held pursuant to NRS 425.3832 and notice of the
hearing must be sent to the responsible parent by regular mail. If a written
response and request for hearing is not received within the specified period by
the office issuing the notice, the master may enter a recommendation for the
support of a dependent child in accordance with the notice and shall include in
that recommendation:
(a) The amount of monthly support to be enforced,
including directions concerning the manner of payment.
(b) The amount of arrearages owed and the manner
of payment.
(c) Whether coverage for health care must be
provided for the dependent child.
(d) Any requirements to be imposed pursuant to
subparagraph (14) of paragraph (b) of subsection 2 of NRS
425.382 regarding a plan for the payment of support by the parent or the
participation of the parent in work activities.
(e) A statement that the property of the parent
is subject to an attachment or other procedure for collection, including, but
not limited to, the withholding of wages, garnishment, liens and execution on
liens.
4. After the district court approves the
recommendation for the support of a dependent child, the recommendation is
final. The Chief may take action to enforce and collect upon the order of the
court approving the recommendation, including arrearages, from the date of the
approval of the recommendation.
5. This section does not prevent the Chief
from using other available remedies for the enforcement of an obligation for
the support of a dependent child at any time.
6. The master may hold a hearing to
enforce a recommendation for the support of a dependent child after the
recommendation has been entered and approved by the district court pursuant to NRS 425.3844. The master may enter a finding that the
parent has not complied with the order of the court and may recommend to the
district court that the parent be held in contempt of court. The finding and
recommendation is effective upon review and approval of the district court.
(Added to NRS by 1989, 1638; A 1991, 1035; 1993, 487; 1997, 2257, 2259; 2007, 258; 2009, 949)
NRS 425.3838 Establishment of paternity: Procedure when paternity not
disputed.
1. The master may enter a recommendation
establishing the paternity of a child during a proceeding concerning the
support of a dependent child pursuant to NRS 425.382
to 425.3852, inclusive, if both parents sign
affidavits or other sworn statements that paternity has not been legally
established and that the male parent is the father of the child.
2. If there is only one alleged father and
he does not file a response that denies paternity and requests a hearing within
the period allowed in paragraph (g) of subsection 1 of NRS
425.3824, the master, without further notice to the alleged father, may
enter a recommendation in accordance with NRS 425.3828
that declares and establishes the alleged father as the legal father of the
child.
3. Any recommendation entered pursuant to
subsection 1 or 2 and approved by the district court establishes legal
paternity of the dependent child for all purposes.
(Added to NRS by 1989, 1639; A 1991, 1036; 1993, 487; 1997, 2261)
NRS 425.384 Establishment of paternity: Procedure when paternity is
disputed.
1. The master shall order blood tests or
tests for the genetic identification of the child, mother and alleged father if
such tests are not ordered pursuant to NRS 425.490
and:
(a) Paternity is alleged pursuant to NRS 425.3826 and a written response denying paternity
and requesting a hearing is received by the Chief within the period allowed in
paragraph (g) of subsection 1 of NRS 425.3824;
(b) Any person alleges that more than one person
may be the father of the child and none of the persons alleged to be the father
acknowledges paternity of the child; or
(c) The master determines that there is a valid
issue concerning the paternity of the child.
Ê The Division
shall pay the costs of any tests conducted pursuant to this section. If the
district court approves a recommendation establishing the paternity of a child
pursuant to NRS 425.3844, the father shall
reimburse the Division for the costs of those tests.
2. If settlement is not made after the
master examines the results of the blood tests or tests for genetic
identification conducted pursuant to this section or NRS
425.490, the master shall make a determination of paternity based upon the
evidence presented to him.
(Added to NRS by 1989, 1639; A 1991, 1037; 1993, 487; 1997, 2261)
NRS 425.3841 Establishment of paternity: Recommendation for temporary support
pending resolution of proceedings. Upon
the motion of a party in a proceeding to establish paternity, the master shall
issue a recommendation for the temporary support of the dependent child pending
the resolution of the proceedings if the master determines that there is clear
and convincing evidence that the person to whom the recommendation is issued is
the father of the child.
(Added to NRS by 1997, 2240)
NRS 425.3844 Recommendation entered by master: Notification of parties;
objection to recommendation; judicial review; approval and filing; effect upon
filing.
1. A recommendation entered by a master
pursuant to NRS 425.382 to 425.3852,
inclusive, including a recommendation establishing paternity, must be furnished
to each party or the attorney of the party at the conclusion of the proceedings
or as soon thereafter as possible.
2. Within 10 days after receipt of the
recommendation, any party may file with the district court and serve upon the
other parties a notice of objection to the recommendation. The notice must
include:
(a) A copy of the master’s recommendation;
(b) The results of any blood tests or tests for
genetic identification examined by the master;
(c) A concise statement setting forth the reasons
that the party disagrees with the master’s recommendation, including any
affirmative defenses that must be pleaded pursuant to the Nevada Rules of Civil
Procedure;
(d) A statement of the relief requested;
(e) The notice and finding of financial
responsibility if the Chief issued such a notice and finding; and
(f) Any other relevant documents.
3. If, within 10 days after receipt of the
recommendation, a notice of objection is:
(a) Not filed, the recommendation entered by the
master shall be deemed approved by the district court, and the clerk of the
district court may file the recommendation pursuant to subsection 7 and judgment
may be entered thereon; or
(b) Filed, the district court shall review the
matter pursuant to NRS 425.3834.
4. A party who receives a notice of
objection pursuant to subsection 2 is not required to file an answer to that
notice. The district court shall review each objection contained in the notice.
5. If a notice of objection includes an
objection to a recommendation establishing paternity, the enforcement of any
obligation for the support of the child recommended by the master must, upon
the filing and service of the notice, be stayed until the district court rules
upon the determination of paternity. The obligation for the support of the
child continues to accrue during the consideration of the determination of
paternity and must be collected as arrears after the completion of the trial if
the court approves the recommendation of the master.
6. If a recommendation entered by a
master, including a recommendation establishing paternity, is deemed approved
by the district court pursuant to paragraph (a) of subsection 3 and the
recommendation modifies or adjusts a previous order for support issued by any
district court in this State, that district court must be notified of the
recommendation by the master.
7. Upon approval by the district court of
a recommendation entered by a master pursuant to NRS
425.382 to 425.3852, inclusive, including a
recommendation establishing paternity, a copy of the recommendation, with the
approval of the court endorsed thereon, must be filed:
(a) In the office of the clerk of the district
court;
(b) If the order of the district court approving
the recommendation of the master modifies or adjusts a previous order issued by
any district court in this State, with the original order in the office of the
clerk of that district court; and
(c) With any court that conducts a proceeding
related thereto pursuant to the provisions of chapter
130 of NRS.
8. A district court that approves a
recommendation pursuant to this section shall ensure that, before the
recommendation is filed pursuant to subsection 7, the social security numbers
of the parents or legal guardians of the child are provided to the enforcing
authority.
9. Upon the approval and filing of the
recommendation as provided in subsection 7, the recommendation has the force,
effect and attributes of an order or decree of the district court, including,
but not limited to, enforcement by supplementary proceedings, contempt of court
proceedings, writs of execution, liens and writs of garnishment.
(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 484, 487; 1997, 2262; 1999, 2683; 2007, 2104; 2009, 950)
NRS 425.3846 Enforcement of support in accordance with chapter
31A of NRS. In addition
to any other remedy provided by law for the enforcement of support, if a
recommendation for support of a dependent child has been entered by the master,
approved by the district court and filed, the Chief may proceed in accordance
with the provisions of chapter 31A of NRS.
(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 487)
NRS 425.3847 Retention of annual fees to carry out Program. [Effective until the
date on which the provisions of 42 U.S.C. § 654 requiring each state to impose
an annual fee of $25 in the case of a person who has never received assistance
pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and
for whom the State has collected $500 or more of support are repealed by the
Congress of the United States.]
1. The Chief shall retain an annual fee of
up to $25 in each case for which the Chief provides services from any amount
collected in the case during the year in excess of $500, but only if the child
for whom the collection is made and the person who has physical custody of the
child in the case are not and have never been a recipient of Temporary
Assistance for Needy Families pursuant to Title IV of the Social Security Act,
42 U.S.C. §§ 601 et seq.
2. Any fee collected pursuant to
subsection 1 must be used to carry out the Program.
(Added to NRS by 2007, 1229)
NRS 425.3848 Disposal of property by parent: Temporary restraining order;
bond; notice of lis pendens.
1. If at any time after service, receipt
or refusal of a notice pursuant to NRS 425.3824
and before the filing of an order for support of a dependent child, the Chief
reasonably believes that the parent is about to transfer, encumber, convey,
sell, remove, secrete, waste or otherwise dispose of property that could be
made subject to an action for collection to satisfy the debt, the Chief may:
(a) Certify the matter to the district court; and
(b) Request a temporary restraining order which
directs that the property not be disposed of pending entry of an order for
support of a dependent child by the district court.
2. The Chief shall file an affidavit in
the case record that:
(a) States the reasons the Chief believes the
parent is about to dispose of the property; and
(b) Includes a legal description of the property.
3. If the parent furnishes a good and
sufficient bond that is satisfactory to the court, the temporary restraining
order must be vacated.
4. A certified copy of an order entered
pursuant to this section may be recorded in the same manner as a notice of lis
pendens pursuant to paragraph (h) of subsection 1 of NRS 247.120.
(Added to NRS by 1989, 1640)
NRS 425.385 Certification of complex issues to district court; temporary
support. Notwithstanding any other
provision of this chapter, the master may certify a proceeding to establish an
order for support of a dependent child or arrearages to the district court if
the issues are complex or beyond the competence of the master. The master shall
enter a temporary recommendation for support in such cases. The temporary
support must be paid to the enforcing authority and held until final resolution
of the case.
(Added to NRS by 1989, 1641; A 1991, 1038; 1993, 484, 487; 1997, 2263)
NRS 425.3852 Certification of proceeding to district court: Representation of
public interests; presentation of case.
1. In a proceeding certified to the
district court pursuant to the provisions of NRS
425.3848 or 425.385, the interests of the
public must be represented by the district attorney of the county in which the
district court sits.
2. Except as otherwise provided in
subsection 1, the case may be presented by an employee of the Program or the
office of the district attorney.
(Added to NRS by 1989, 1641; A 1997, 2263)
NRS 425.3855 Social security numbers of parents or legal guardians to be
provided to enforcing authority. A
district court that enters an order pursuant to NRS
425.382 to 425.3852, inclusive, or an order
approving a recommendation for the support of a dependent child made by a
master shall ensure that the social security numbers of the parents or legal
guardians of the child are provided to the enforcing authority.
(Added to NRS by 1997, 2244; A 1999, 169, 2684, 2685; 2001, 195; 2007, 2105; 2009, 951)
COLLECTION, DISSEMINATION AND USE OF INFORMATION
NRS 425.390 Statement of responsible parent concerning ability to support
child: Contents; additional statements; penalties.
1. The responsible parent of a legitimate
child or a child whose paternity has been judicially determined shall complete
a written statement, under oath, of:
(a) The current monthly income and total income
of the responsible parent over the past 12 months;
(b) The number of dependents for whom the
responsible parent is providing support;
(c) The amount which the responsible parent is
contributing regularly toward the support of any child for whom assistance is
granted;
(d) The current monthly living expenses of the
responsible parent; and
(e) Such other information as is pertinent to
determining the ability of the responsible parent to support his or her
children.
2. The statement must be provided upon
demand made by the Division, any agent of the state who enforces an order for
the support of a child or a prosecuting attorney. Additional statements must be
filed whenever there is a material change in the information given in the
statement required under this section.
3. Failure of the responsible parent to
comply fully with this section is a misdemeanor.
4. Any responsible parent who swears
falsely to a material fact in any written statement required by this section is
guilty of perjury.
(Added to NRS by 1977, 722; A 1987, 2269)
NRS 425.393 Authority of Chief to request information to carry out chapter;
compliance with request.
1. The Chief may request the
following information to carry out the provisions of this chapter:
(a) The records of the following public officers
and state, county and local agencies:
(1) The State Registrar of Vital
Statistics;
(2) Agencies responsible for maintaining
records relating to state and local taxes and revenue;
(3) Agencies responsible for keeping
records concerning real property and personal property for which a title must
be obtained;
(4) All boards, commissions and agencies
that issue occupational or professional licenses, certificates or permits;
(5) The Secretary of State;
(6) The Employment Security Division of
the Department of Employment, Training and Rehabilitation;
(7) Agencies that administer public
assistance;
(8) The Department of Motor Vehicles;
(9) The Department of Public Safety;
(10) The Department of Corrections; and
(11) Law enforcement agencies and any
other agencies that maintain records of criminal history.
(b) The names and addresses of:
(1) The customers of public utilities and
video service providers; and
(2) The employers of the customers
described in subparagraph (1).
(c) Information in the possession of financial
institutions relating to the assets, liabilities and any other details of the
finances of a person.
(d) Information in the possession of a public or
private employer relating to the employment, compensation and benefits of a
person employed by the employer as an employee or independent contractor.
2. If a person or other entity fails to
supply the information requested pursuant to subsection 1, the Administrator
may issue a subpoena to compel the person or entity to provide that
information. A person or entity who fails to comply with a request made
pursuant to subsection 1 is subject to a civil penalty not to exceed $500 for
each failure to comply.
3. A disclosure made in good faith
pursuant to subsection 1 does not give rise to any action for damages for the
disclosure.
(Added to NRS by 1997, 2243; A 1999, 547; 2001, 2608; 2001
Special Session, 239; 2003, 289; 2007, 1391)
NRS 425.395 Submission to Division of information regarding holders of
certain licenses, certificates or permits; dissemination of information.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. A governmental entity which issues a
license to do business in this state shall, upon request of the Division,
submit to the Division information regarding the name, address and social
security number of each natural person who holds such a license and any
pertinent changes in that information.
2. A board or commission which issues
occupational or professional licenses, certificates or permits pursuant to
title 54 of NRS shall, upon request of the Division, submit to the Division
information regarding the name, address and social security number of each
person who holds such a license, certificate or permit and any pertinent
changes in that information.
3. The Division shall periodically provide
the information obtained pursuant to this section and NRS 488.078, 502.063, 503.5833, 504.393 and 505.025 to the district attorneys and
other public agencies in this state collecting support for children.
(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520)
NRS 425.395 Submission to Division of
information regarding holders of certain licenses, certificates or permits;
dissemination of information. [Effective on the date of the repeal of 42 U.S.C.
§ 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. A governmental entity which issues a
license to do business in this state shall, upon request of the Division,
submit to the Division information regarding the name, address and social
security number of each natural person who holds such a license and any pertinent
changes in that information.
2. A board or commission which issues
occupational or professional licenses, certificates or permits pursuant to
title 54 of NRS shall, upon request of the Division, submit to the Division
information regarding the name, address and social security number of each
person who holds such a license, certificate or permit and any pertinent
changes in that information.
3. The Division shall periodically provide
the information obtained pursuant to this section to the district attorneys and
other public agencies in this state collecting support for children.
(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 425.397 Use of information received regarding holders of certain
licenses, certificates or permits; notification that holder is in arrears in
payment of support.
1. Each district attorney or other public
agency in this State collecting support for children shall compare the
information received pursuant to NRS 425.395
against its cases to identify any person who is in arrears and holds such a
license, certificate or permit.
2. The district attorney or other public
agency shall notify each person so identified, by first-class mail, to give the
person an opportunity to satisfy the claim before notice is given to the issuer
of the license, certificate or permit of the arrearage.
3. If the person does not satisfy the
arrearage, the district attorney or other public agency shall report the fact
of the arrearage to the issuer of the license, certificate or permit. The
Division shall similarly notify the issuer of the license, certificate or
permit when the person thereafter pays the arrearage or otherwise satisfies the
claim.
(Added to NRS by 1993, 1031; A 1997, 2245)—(Substituted
in revision for NRS 425.348)
NRS 425.400 Registry of information concerning responsible parents:
Establishment; requests for information and assistance; failure to comply with
request; disclosure of information.
1. The Division may establish a central
unit to serve as a registry for the receipt of information, for answering
inquiries concerning responsible parents, to coordinate and supervise
departmental activities in relation to responsible parents and to ensure
effective cooperation with law enforcement agencies.
2. To effectuate the purposes of this
section, the Administrator or a prosecuting attorney may, in addition to the
information the Chief is authorized to request pursuant to NRS 425.393, request all information and assistance as
authorized by this chapter from the following persons and entities:
(a) State, county and local agencies;
(b) Public and private employers;
(c) Employee organizations and trusts of every
kind;
(d) Financial institutions and entities which are
in the business of providing credit reports; and
(e) Public utilities.
3. The persons and entities described in
subsection 2 and their officers and employees shall:
(a) Cooperate in the location of a responsible
parent who has abandoned or deserted, or is failing to support his or her
child; and
(b) Upon the request of the Division or the
prosecuting attorney, provide all information on hand relative to the location,
income and property of such a parent.
4. A disclosure made in good faith
pursuant to subsection 3 does not give rise to any action for damages for the
disclosure.
5. If a person or other entity fails to
supply the information requested pursuant to subsection 2, the Administrator or
prosecuting attorney may issue a subpoena to compel the person or entity to
provide that information. A person or entity that fails to comply with a
request made pursuant to subsection 2 is subject to a civil penalty not to
exceed $500 for each failure to comply.
6. Any record established pursuant to the
provisions of this section is available only to:
(a) The Attorney General;
(b) A district attorney;
(c) A court having jurisdiction in a paternity,
support or abandonment proceeding or action;
(d) The resident parent, legal guardian, attorney
or agent of a child who is not receiving Temporary Assistance for Needy
Families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et
seq.); or
(e) An agency of the Federal Government or of
this or any other state as authorized by regulations of the Division adopted in
accordance with the provisions of the Social Security Act.
(Added to NRS by 1977, 722; A 1981, 353; 1993, 485, 2788; 1997, 2263, 2264)
NRS 425.405 Adoption and enforcement of regulations for protection of
privacy.
1. The Administrator shall adopt such
regulations as are required pursuant to Title IV of the Social Security Act (42
U.S.C. §§ 601 et seq.), either directly or as a condition to the receipt of
federal money, to:
(a) Protect the privacy of persons involved in
any action or proceeding for the establishment of paternity or the
establishment or enforcement of an obligation for the support of a child; and
(b) Place appropriate restrictions on the
custody, preservation, use and disclosure of any confidential information
obtained by the enforcing authority in the course of such an action or
proceeding or otherwise pursuant to this chapter.
2. The regulations adopted pursuant to
this section must include, without limitation:
(a) Safeguards against the unauthorized use or
disclosure of information relating to such an action or proceeding.
(b) Prohibitions against the release of
information regarding the location of a party to such an action or proceeding
to another party:
(1) Against whom a protective order with
respect to the former party has been entered; or
(2) If the enforcing authority has reason
to believe that the release of the information may result in physical or
emotional harm to the former party.
3. Each enforcing authority shall comply
with and enforce the regulations adopted pursuant to this section.
(Added to NRS by 1997, 2240)
ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT
NRS 425.410 Payment of support through enforcing authority; collection and
use of damages for dishonored check, draft or extension of credit.
1. Whenever, as a result of any assignment
or action, money for the support of a dependent child is paid, such payment
must be paid to the enforcing authority upon written notice by the enforcing
authority to the responsible parent and the person who cares for and has
custody and control of the dependent child for whom a support obligation exists
that the child is receiving public assistance, or that the enforcing authority
has undertaken to secure support for the child for whom a support obligation
exists.
2. If a responsible parent makes, utters,
draws or delivers to the enforcing authority a check, draft or extension of
credit for the payment of support money that is drawn upon any financial
institution or other person when the responsible parent has no account with the
drawee of the check or draft or the issuer of the credit or has insufficient
money, property or credit with the drawee or issuer to pay the amount of the
check, draft or extension of credit, the enforcing authority shall mail to the
responsible parent, by certified mail, a demand for cash payment in the amount
of the check, draft or extension of credit. If the responsible parent does not
pay the amount demanded by the enforcing authority within 30 days after the
demand is mailed by the enforcing authority, the enforcing authority may
initiate an action to collect damages from the responsible parent pursuant to NRS 41.620.
3. Any damages collected pursuant to
subsection 2 that exceed the amount of the check, draft or extension of credit
that was the subject of the action must be used to offset the costs of
operating the Program.
(Added to NRS by 1977, 721; A 1997, 2265)
NRS 425.420 Deposit of certain receipts in State General Fund. Except as otherwise required to carry out the
provisions of 42 U.S.C. § 654b, all money collected in fees, costs, attorney’s
fees, interest payments, incentive payments or other payments received by the
Administrator which cannot be identified as to the support account to which it
should be credited, must be deposited in the State General Fund.
(Added to NRS by 1977, 721; A 1999, 823)
NRS 425.430 Distribution of money recovered by enforcing authority. Except as otherwise provided in subsection 3
of NRS 425.410, any money recovered by the enforcing
authority under this chapter must be distributed pursuant to regulations
adopted by the Division which must not disqualify this state for federal grants
under Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.).
(Added to NRS by 1977, 722; A 1997, 2266)
NRS 425.440 Uncollectible debt for support. Any
support debt due the Division from a responsible parent which the Administrator
deems uncollectible may be transferred from accounts receivable to a suspense
account and cease to be accounted as an asset. At any time after 1 year from
the date a support debt was incurred, the Administrator may charge off as uncollectible
any support debt upon which the Administrator finds there is no available,
practical or lawful means by which the debt may be collected.
(Added to NRS by 1977, 722)
NRS 425.450 Adjustment of orders for support.
1. The Division shall adopt regulations
establishing a formula for:
(a) The adjustment of court orders for the
support of children based upon changes in the cost of living; and
(b) The times at which such an adjustment is
appropriate.
2. If a request for the review of a court
order for the support of a child has not been filed pursuant to NRS 125B.145 for such a time as the
Division establishes pursuant to subsection 1, the Chief may, as provided in
this section, order the responsible parent to pay monthly the amount the
responsible parent is required to pay pursuant to the court order plus an
additional amount to compensate for changes in the cost of living.
3. Upon request by the responsible parent,
the person to whom support is owed or the enforcing authority, the Chief shall:
(a) Determine, in accordance with the formula
established pursuant to subsection 1, the amount of the additional payments;
and
(b) Notify the responsible parent, by first-class
mail to the last known address of the responsible parent, of the amount of the
additional payments and that the additional payments must be made within 30
days after the mailing of the notice to the parent unless a request for a
review of the court order is filed pursuant to NRS 125B.145 within that time.
4. If a request for a review of the court
order:
(a) Is filed pursuant to NRS 125B.145 within those 30 days, the
court shall proceed pursuant to that section and the Chief shall not enter an
order pursuant to this section.
(b) Is not filed pursuant to NRS 125B.145 within those 30 days, the
Chief shall order the responsible parent to pay the additional amount.
5. An order entered by the Chief pursuant
to this section expires upon modification or adjustment, pursuant to NRS 125B.145, of the court order upon
which the order entered by the Chief is based.
6. The provisions of NRS 125B.080 do not apply to the entry
of an order by the Chief pursuant to this section.
7. As used in this section, “court order”
means an order that a court of this state has jurisdiction to modify pursuant
to chapter 130 of NRS.
(Added to NRS by 1997, 2241; A 1997, 2347)
NRS 425.460 Exchanges of data with financial institutions; encumbrance or
surrender of assets of responsible parents held by financial institutions;
financial institutions not liable for compliance; Division or agency for
enforcement of child support located in another state not liable for return of
surrendered assets.
1. The Administrator shall enter into
agreements with financial institutions doing business in this state to
coordinate the development and operation of a system for matching data, using
automated exchanges of data to the maximum extent feasible.
2. A financial institution doing business
in this state shall:
(a) Cooperate with the Administrator in carrying
out subsection 1.
(b) Use the system to provide to the Division for
each calendar quarter the name, address of record, social security number or
other number assigned for taxpayer identification, and other identifying
information for each responsible parent who maintains an account at the financial
institution, as identified by the Division by name and social security number
or other number assigned for taxpayer identification.
(c) In response to the receipt from the Division
or an agency for the enforcement of child support located in another state of:
(1) Notification of a lien against a
responsible parent which:
(I) Arises pursuant to NRS 125B.142; or
(II) Is entitled to full faith and
credit pursuant to NRS 125B.144,
Ê encumber all
assets held by the financial institution on behalf of the responsible parent
and surrender those assets upon the enforcement of the lien pursuant to those
sections.
(2) A notice of attachment pursuant to
subsection 2 of NRS 425.470, surrender to the Chief
such assets held by the financial institution on behalf of the responsible
parent as may be required by the Chief.
(d) Except as otherwise provided in paragraph
(c), in response to the receipt of notice of a lien which is entitled to full
faith and credit pursuant to NRS 125B.144
or notice of a levy on such a lien, encumber or surrender, as the case may be,
such assets held by the financial institution on behalf of the responsible
parent as may be required to enforce the lien.
Ê A financial
institution doing business in this State which receives from the Division or an
agency for the enforcement of child support located in another state a notice
of lien, notice of attachment or notice of levy on a lien is not required to
encumber or surrender any assets received by the financial institution on
behalf of the responsible parent after the financial institution received the
notice of lien, notice of attachment or notice of levy on a lien.
3. A financial institution may not be held
liable in any civil or criminal action for:
(a) Any disclosure of information to the Division
or an agency for the enforcement of child support located in another state
pursuant to this section.
(b) Encumbering or surrendering any assets held
by the financial institution pursuant to this section.
(c) Any other action taken in good faith to
comply with the requirements of this section.
4. If a court issues an order to return to
a responsible parent any assets surrendered by a financial institution pursuant
to subsection 2, the Division or an agency for the enforcement of child support
located in another state is not liable to the responsible parent for any of
those assets that have been provided to another person or agency in accordance
with the order for the payment of support.
(Added to NRS by 1997, 2241; A 2009, 952)
NRS 425.470 Collection of arrearages in payments of support; notice to
responsible parent; request for hearing; good faith effort to resolve matter
required before hearing.
1. The Chief shall send a notice by
first-class mail to each responsible parent who is in arrears in any payment
for the support of one or more children required pursuant to an order enforced
by a court in this State. The notice must include a statement of the amount of
the arrearage and the information prescribed in subsection 2.
2. If the responsible parent does not
satisfy the arrearage within 20 days after the responsible parent receives the
notice required by subsection 1, the Chief may, to collect the arrearage owed:
(a) Require the responsible parent to pay monthly
the amount the responsible parent is required to pay pursuant to the order for
support plus an additional amount to satisfy the arrearage; or
(b) Issue a notice of attachment to the financial
institutions in which the assets of the responsible parent are held and attach
and seize such assets as are necessary to satisfy the arrearage.
3. If the Chief proceeds to collect an
arrearage pursuant to subsection 2, the Chief shall notify the responsible
parent of that fact in writing. The notice must be sent by first-class mail.
4. The Chief shall determine the amount of
any additional payment required pursuant to paragraph (a) of subsection 2 based
upon the amount of the arrearage owed by the responsible parent and the ability
of the responsible parent to pay.
5. A responsible parent against whom the
Division proceeds pursuant to subsection 2 may, within 20 days after the
responsible parent receives the notice required pursuant to subsection 3,
submit to the Chief a request for a hearing. Before a hearing may be held, the
responsible parent and a representative of the enforcing authority must meet
and make a good faith effort to resolve the matter.
6. If a hearing is requested within the
period prescribed in subsection 5 and the responsible parent and the enforcing
authority meet as required pursuant to subsection 5, the hearing must be held
pursuant to NRS 425.3832 within 20 days after the
Chief receives the request. The master shall notify the responsible parent of
the recommendation or decision of the master at the conclusion of the hearing
or as soon thereafter as is practicable.
7. For the purposes of this section, a
person shall be deemed to have received a notice 3 days after it is mailed, by
first-class mail, postage prepaid, to that person at the last known address of
the person.
(Added to NRS by 1997, 2242; A 2007, 260)
NRS 425.480 Fraudulent transfer of property by responsible parent: Duties of
Division.
1. If the Division determines that a
responsible parent has made a fraudulent transfer of property for which an
action for relief may be brought pursuant to chapter
112 of NRS, the Division shall:
(a) Seek to avoid the transfer pursuant to NRS 112.210 or 112.220; or
(b) Obtain any other relief available pursuant to
NRS 112.210 that is in the best
interests of the child for whom the support is owed.
2. The Division shall adopt regulations
establishing the procedures necessary to carry out the provisions of this
section.
(Added to NRS by 1997, 2243)
NRS 425.490 Blood tests or tests of genetic identification to determine
paternity: Authority of Chief; payment of costs; orders for additional testing.
1. After paternity is alleged pursuant to NRS 425.3826, and a written response denying
paternity and requesting a hearing is received by the Chief pursuant to
paragraph (g) of subsection 1 of NRS 425.3824, the
Chief shall order blood tests or tests for the genetic identification of the
child, mother and alleged father if the child, mother or alleged father submits
to the Chief a written statement signed under oath which:
(a) Alleges paternity and sets forth facts
establishing a reasonable possibility that the mother and the alleged father
had sexual intercourse at or about the probable time of conception; or
(b) Denies paternity and sets forth facts
establishing a reasonable possibility that the mother and the alleged father
did not have sexual intercourse at or about the probable time of conception.
2. Except as otherwise provided in
subsection 3, the Division shall pay the costs of any tests conducted pursuant
to this section. If the district court approves a recommendation establishing
the paternity of a child pursuant to NRS 425.3844,
the father shall reimburse the Division for the costs of those tests.
3. If the child, mother or alleged father
contests the results of a test conducted pursuant to this section, the Division
shall order the parties to submit to additional testing upon the payment of the
costs of the additional tests by the contesting party.
(Added to NRS by 1997, 2244)
SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FOR
NONCOMPLIANCE WITH CERTAIN REQUIREMENTS
NRS 425.500 “Agency that issues a professional, occupational or recreational
license, certificate or permit” defined. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.] As used in NRS 425.500 to 425.560,
inclusive, unless the context otherwise requires, “agency that issues a
professional, occupational or recreational license, certificate or permit”
means the Department of Wildlife and any officer, agency, board or commission
of this State which is prohibited by specific statute from issuing or renewing
a license, certificate or permit unless the applicant for the issuance or
renewal of that license, certificate or permit submits to the officer, agency,
board or commission the statement prescribed by the Division pursuant to NRS 425.520.
(Added to NRS by 1997, 2025; A 2003, 1562; 2005, 2807, 2815)
NRS 425.500 “Agency that issues a
professional or occupational license, certificate or permit pursuant to title
54 of NRS” defined. [Effective on the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.] As
used in NRS 425.500 to 425.560,
inclusive, unless the context otherwise requires, “agency that issues a
professional or occupational license, certificate or permit pursuant to title
54 of NRS” means any officer, agency, board or commission of this State which
has the authority to regulate a profession or occupation pursuant to title 54
of NRS and which is prohibited by specific statute from issuing or renewing a
license, certificate or permit unless the applicant for the issuance or renewal
of that license, certificate or permit submits to the officer, agency, board or
commission the statement prescribed by the Division pursuant to NRS 425.520.
(Added to NRS by 1997, 2025; A 2003, 1562; 2005, 2804, 2807, 2815,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 425.510 Reporting to Department of Motor Vehicles names of persons who
failed to pay support or comply with certain subpoenas or warrants; request for
hearing; good faith effort to resolve matter required; plan for repayment of
arrearages. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. Each district attorney or other public
agency collecting support for children shall send a notice by first-class mail
to each person who:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children.
Ê The notice
must include the information set forth in subsection 2 and a copy of the
subpoena or warrant or a statement of the amount of the arrearage.
2. If the person does not, within 30 days
after the person receives the notice required by subsection 1:
(a) Comply with the subpoena or warrant;
(b) Satisfy the arrearage pursuant to NRS 425.560; or
(c) Submit to the district attorney or other
public agency a written request for a hearing,
Ê the district
attorney or other public agency shall report the name of that person to the
Department of Motor Vehicles.
3. Before a hearing requested pursuant to
subsection 2 may be held, the person requesting the hearing and a
representative of the enforcing authority must meet and make a good faith
effort to resolve the matter.
4. If a person requests a hearing within
the period prescribed in subsection 2 and meets with the enforcing authority as
required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of
the recommendation of the master at the conclusion of the hearing or as soon
thereafter as is practicable. If the master determines that the person has
failed to comply with a subpoena or warrant relating to a proceeding to
determine the paternity of a child or to establish or enforce an obligation for
the support of a child, the master shall include in the notice the information
set forth in subsection 5. If the master determines that the person is in
arrears in the payment for the support of one or more children, the master shall
include in the notice the information set forth in subsection 6.
5. If the master determines that a person
who requested a hearing pursuant to subsection 2 has not complied with a
subpoena or warrant relating to a proceeding to determine the paternity of a
child or to establish or enforce an obligation for the support of a child and
the district court issues an order approving the recommendation of the master,
the district attorney or other public agency shall report the name of that
person to the Department.
6. If the master determines that a person
who requested a hearing pursuant to subsection 2 is in arrears in the payment
for the support of one or more children, the master shall notify the person
that if the person does not immediately agree to enter into a plan for the
repayment of the arrearages that is approved by the district attorney or other
public agency, the driver’s license and motorcycle driver’s license of the
person may be subject to suspension. If the person does not agree to enter into
such a plan and the district court issues an order approving the recommendation
of the master, the district attorney or other public agency shall report the
name of that person to the Department of Motor Vehicles.
7. The district attorney or other public
agency shall, within 5 days after the person who has failed to comply with a
subpoena or warrant or is in arrears in the payment for the support of one or
more children complies with the subpoena or warrant or satisfies the arrearage
pursuant to NRS 425.560, notify the Department of
Motor Vehicles that the person has complied with the subpoena or warrant or has
satisfied the arrearage.
8. For the purposes of this section, a
person shall be deemed to have received a notice 3 days after it is mailed, by
first-class mail, postage prepaid, to that person at the last known address of
the person.
(Added to NRS by 1995, 949; A 1997, 2028; 1999, 520; 2001, 2609; 2007, 261)
NRS 425.510 Reporting to Department
of Motor Vehicles names of persons who failed to pay support; request for
hearing; good faith effort to resolve matter required; plan for repayment of
arrearages. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. Each district attorney or other public
agency collecting support for children shall send a notice by first-class mail
to each person who is in arrears in the payment for the support of one or more
children. The notice must include the information set forth in subsection 2 and
a statement of the amount of the arrearage.
2. If the person does not, within 30 days
after the person receives the notice required by subsection 1:
(a) Satisfy the arrearage pursuant to subsection
7; or
(b) Submit to the district attorney or other
public agency a written request for a hearing,
Ê the district
attorney or other public agency shall report the name of that person to the
Department of Motor Vehicles.
3. Before a hearing requested pursuant to
subsection 2 may be held, the person requesting the hearing and a
representative of the enforcing authority must meet and make a good faith
effort to resolve the matter.
4. If a person requests a hearing within
the period prescribed in subsection 2 and meets with the enforcing authority as
required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of
the recommendation of the master at the conclusion of the hearing or as soon
thereafter as is practicable. If the master determines that the person is in
arrears in the payment for the support of one or more children, the master
shall include in the notice the information set forth in subsection 5.
5. If the master determines that a person
who requested a hearing pursuant to subsection 2 is in arrears in the payment
for the support of one or more children, the master shall notify the person
that if the person does not immediately agree to enter into a plan for the
repayment of the arrearages that is approved by the district attorney or other
public agency, the driver’s license and motorcycle driver’s license of the
person may be subject to suspension. If the person does not agree to enter into
such a plan and the district court issues an order approving the recommendation
of the master, the district attorney or other public agency shall report the
name of that person to the Department of Motor Vehicles.
6. The district attorney or other public
agency shall, within 5 days after the person who is in arrears in the payment
for the support of one or more children satisfies the arrearage pursuant to
subsection 7, notify the Department of Motor Vehicles that the person has
satisfied the arrearage.
7. For the purposes of this section:
(a) A person is in arrears in the payment for the
support of one or more children if:
(1) The person:
(I) Owes a total of more than $1,000
for the support of one or more children for which payment is past due; and
(II) Is delinquent for not less than
2 months in payments for the support of one or more children or any payments
ordered by a court for arrearages in such payments; or
(2) The person has failed to provide
medical insurance for a child as required by a court order.
(b) A person who is in arrears in the payment for
the support of one or more children may satisfy the arrearage by:
(1) Paying all of the past due payments;
(2) If the person is unable to pay all
past due payments:
(I) Paying the amounts of the
overdue payments for the preceding 12 months which a court has determined are
in arrears; or
(II) Entering into and complying
with a plan for the repayment of the arrearages which is approved by the
district attorney or other public agency enforcing the order; or
(3) If the arrearage is for a failure to
provide and maintain medical insurance, providing proof that the child is
covered under a policy, contract or plan of medical insurance.
(c) A person shall be deemed to have received a
notice 3 days after it is mailed, by first-class mail, postage prepaid, to that
person at the last known address of the person.
(Added to NRS by 1995, 949; A 1997, 2028, 2030; 1999, 520; 2001, 2609; 2007, 261, 262, effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 425.520 Statement by applicant for professional, occupational or
recreational license, certificate or permit. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support proceedings.]
1. The Division shall prescribe, by
regulation, a statement which must be submitted to an agency that issues a
professional, occupational or recreational license, certificate or permit,
other than the Department of Wildlife, by an applicant for the issuance or
renewal of such a license, certificate or permit.
2. The statement prescribed pursuant to
subsection 1 must:
(a) Provide the applicant with an opportunity to
indicate that:
(1) The applicant is not subject to a
court order for the support of a child;
(2) The applicant is subject to a court
order for the support of one or more children and is in compliance with the
order or is in compliance with a plan approved by the district attorney or
other public agency enforcing the order for the repayment of the amount owed
pursuant to the order; or
(3) The applicant is subject to a court
order for the support of one or more children and is not in compliance with the
order or a plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed pursuant to the order;
(b) Include a statement that the application for
the issuance or renewal of the license, certificate or permit will be denied if
the applicant does not indicate on the statement which of the provisions of
paragraph (a) applies to the applicant; and
(c) Include a space for the signature of the
applicant.
(Added to NRS by 1997, 2025; A 1999, 169; 2003, 1563; 2005, 2807, 2808, 2815)
NRS 425.520 Statement by applicant
for professional or occupational license, certificate or permit. [Effective on
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings and expires by limitation 2 years after that
date.]
1. The Division shall prescribe, by
regulation, a statement which must be submitted to an agency that issues a
professional or occupational license, certificate or permit pursuant to title 54
of NRS by an applicant for the issuance or renewal of such a license,
certificate or permit.
2. The statement prescribed pursuant to
subsection 1 must:
(a) Provide the applicant with an opportunity to
indicate that:
(1) The applicant is not subject to a
court order for the support of a child;
(2) The applicant is subject to a court
order for the support of one or more children and is in compliance with the
order or is in compliance with a plan approved by the district attorney or
other public agency enforcing the order for the repayment of the amount owed
pursuant to the order; or
(3) The applicant is subject to a court
order for the support of one or more children and is not in compliance with the
order or a plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed pursuant to the order;
(b) Include a statement that the application for
the issuance or renewal of the license, certificate or permit will be denied if
the applicant does not indicate on the statement which of the provisions of
paragraph (a) applies to the applicant; and
(c) Include a space for the signature of the
applicant.
(Added to NRS by 1997, 2025; A 1999, 169; 2003, 1563; 2005, 2804, 2807, 2808, 2815,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 425.530 Notice to person who failed to pay support or comply with
certain subpoenas or warrants; request for suspension of person’s licenses,
certificates and permits; request for hearing; good faith effort to resolve
matter required. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. Each district attorney or other public
agency collecting support for children shall send a notice by certified mail,
restricted delivery, with return receipt requested to each person who:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish, modify or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children.
Ê The notice
must include the information set forth in subsections 2 and 4 and a copy of the
subpoena or warrant or a statement of the amount of the arrearage.
2. If the person does not, within 30 days
after the person receives the notice required by subsection 1:
(a) Comply with the subpoena or warrant;
(b) Satisfy the arrearage pursuant to NRS 425.560; or
(c) Submit to the district attorney or other public
agency a written request for a hearing,
Ê the district
attorney or other public agency shall request in writing that the master
suspend all professional, occupational and recreational licenses, certificates
and permits issued to that person.
3. Before a hearing requested pursuant to
subsection 2 may be held, the person requesting the hearing and a
representative of the enforcing authority must meet and make a good faith
effort to resolve the matter.
4. If the master receives from a district
attorney or other public agency a request to suspend the professional,
occupational and recreational licenses, certificates and permits issued to a
person, the master shall enter a recommendation determining whether the person:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish, modify or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children.
Ê As soon as
practicable after the master enters a recommendation, the district attorney or
other public agency shall notify the person by first-class mail of the
recommendation of the master.
5. If a person requests a hearing within
the period prescribed in subsection 2 and meets with the enforcing authority as
required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of
the recommendation of the master at the conclusion of the hearing or as soon
thereafter as is practicable.
(Added to NRS by 1997, 2026; A 2005, 2807; 2007, 263)
NRS 425.530 Notice to person who
failed to pay support or comply with certain subpoenas or warrants; request for
suspension of person’s licenses, certificates and permits; request for hearing;
good faith effort to resolve matter required. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
1. Each district attorney or other public
agency collecting support for children shall send a notice by certified mail,
restricted delivery, with return receipt requested to each person who is issued
a professional or occupational license, certificate or permit pursuant to title
54 of NRS and:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish, modify or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children.
Ê The notice
must include the information set forth in subsections 2 and 4 and a copy of the
subpoena or warrant or a statement of the amount of the arrearage.
2. If the person does not, within 30 days
after the person receives the notice required by subsection 1:
(a) Comply with the subpoena or warrant;
(b) Satisfy the arrearage pursuant to NRS 425.560; or
(c) Submit to the district attorney or other
public agency a written request for a hearing,
Ê the district
attorney or other public agency shall request in writing that the master
suspend any professional or occupational license, certificate or permit issued
pursuant to title 54 of NRS to that person.
3. Before a hearing requested pursuant to
subsection 2 may be held, the person requesting the hearing and a
representative of the enforcing authority must meet and make a good faith
effort to resolve the matter.
4. If the master receives from a district
attorney or other public agency a request to suspend any professional or
occupational license, certificate or permit issued pursuant to title 54 of NRS
to a person, the master shall enter a recommendation determining whether the
person:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish, modify or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children.
Ê As soon as
practicable after the master enters a recommendation, the district attorney or
other public agency shall notify the person by first-class mail of the
recommendation of the master.
5. If a person requests a hearing within
the period prescribed in subsection 2 and meets with the enforcing authority as
required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of
the recommendation of the master at the conclusion of the hearing or as soon
thereafter as is practicable.
(Added to NRS by 1997, 2026; A 2005, 2805, 2807; 2007, 263, 264, effective
on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 425.540 Dissemination and contents of court order approving
recommendation of master determining that person has failed to pay support or
comply with certain subpoenas or warrants; notification of person subject to
order. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. If a master enters a recommendation
determining that a person:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children,
Ê and the
district court issues an order approving the recommendation of the master
pursuant to NRS 425.3844, the court shall provide
a copy of the order to all agencies that issue professional, occupational or
recreational licenses, certificates or permits.
2. A court order issued pursuant to
subsection 1 must provide that if the person named in the order does not,
within 30 days after the date on which the order is issued, submit to any
agency that has issued a professional, occupational or recreational license,
certificate or permit to that person a letter from the district attorney or
other public agency stating that the person has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS
425.560, the professional, occupational or recreational licenses issued to
the person by that agency will be automatically suspended. Such an order must
not apply to a license, certificate or permit issued by the Department of
Wildlife or the State Land Registrar if that license, certificate or permit
expires less than 6 months after it is issued.
3. If a court issues an order pursuant to
subsection 1, the district attorney or other public agency shall send a notice
by first-class mail to the person who is subject to the order. The notice must
include:
(a) If the person has failed to comply with a
subpoena or warrant, a copy of the court order and a copy of the subpoena or
warrant; or
(b) If the person is in arrears in the payment
for the support of one or more children:
(1) A copy of the court order;
(2) A statement of the amount of the
arrearage; and
(3) A statement of the action that the
person may take to satisfy the arrearage pursuant to NRS
425.560.
(Added to NRS by 1997, 2026; A 2003, 1563; 2005, 2807, 2815; 2009, 953)
NRS 425.540 Dissemination and
contents of court order approving recommendation of master determining that
person has failed to pay support or comply with certain subpoenas or warrants;
notification of person subject to order. [Effective on the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
1. If a master enters a recommendation
determining that a person who is issued a professional or occupational license,
certificate or permit pursuant to title 54 of NRS:
(a) Has failed to comply with a subpoena or
warrant relating to a proceeding to determine the paternity of a child or to
establish or enforce an obligation for the support of a child; or
(b) Is in arrears in the payment for the support
of one or more children,
Ê and the
district court issues an order approving the recommendation of the master
pursuant to NRS 425.3844, the court shall provide
a copy of the order to all agencies that issue professional or occupational
licenses, certificates or permits pursuant to title 54 of NRS.
2. A court order issued pursuant to
subsection 1 must provide that if the person named in the order does not,
within 30 days after the date on which the order is issued, submit to any
agency that has issued a professional or occupational license, certificate or
permit pursuant to title 54 of NRS to that person a letter from the district
attorney or other public agency stating that the person has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, any professional or occupational license,
certificate or permit issued pursuant to title 54 of NRS to the person by that
agency will be automatically suspended.
3. If a court issues an order pursuant to
subsection 1, the district attorney or other public agency shall send a notice
by first-class mail to the person who is subject to the order. The notice must
include:
(a) If the person has failed to comply with a
subpoena or warrant, a copy of the court order and a copy of the subpoena or
warrant; or
(b) If the person is in arrears in the payment
for the support of one or more children:
(1) A copy of the court order;
(2) A statement of the amount of the
arrearage; and
(3) A statement of the action that the
person may take to satisfy the arrearage pursuant to NRS
425.560.
(Added to NRS by 1997, 2026; A 2003, 1563; 2005, 2806, 2807, 2815; 2009, 953,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring
each state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 425.550 Issuance and dissemination of letter stating that person has
complied with subpoena or warrant or satisfied arrearage. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.] The
district attorney or other public agency shall, within 5 days after a person
who is subject to a court order issued pursuant to NRS
425.540 complies with the subpoena or warrant or satisfies the arrearage
pursuant to NRS 425.560, provide to the person who
is subject to the order a letter stating that the person has complied with the
subpoena or warrant or has satisfied the arrearage. The district attorney or
other public agency shall also mail a copy of that letter to all of the
agencies to which a copy of the order was provided pursuant to NRS 425.540.
(Added to NRS by 1997, 2027; A 2005, 2807)
NRS 425.550 Issuance and
dissemination of letter stating that person has complied with subpoena or
warrant or satisfied arrearage. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.] The
district attorney or other public agency shall, within 5 days after a person
who is issued a professional or occupational license, certificate or permit
pursuant to title 54 of NRS and is subject to a court order issued pursuant to NRS 425.540 complies with the subpoena or warrant or
satisfies the arrearage pursuant to NRS 425.560,
provide to the person who is subject to the order a letter stating that the
person has complied with the subpoena or warrant or has satisfied the
arrearage. The district attorney or other public agency shall also mail a copy
of that letter to all of the agencies to which a copy of the order was provided
pursuant to NRS 425.540.
(Added to NRS by 1997, 2027; A 2005, 2806, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 425.560 Determination that person is in arrears in payments for support;
satisfaction of arrearage. [Effective until the date of the repeal of 42 U.S.C.
§ 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.] For the purposes of NRS
425.500 to 425.560, inclusive:
1. A person is in arrears in the payment
for the support of one or more children if:
(a) The person:
(1) Owes a total of more than $1,000 for
the support of one or more children for which payment is past due; and
(2) Is delinquent for not less than 2
months in payments for the support of one or more children or any payments
ordered by a court for arrearages in such payments; or
(b) The person has failed to provide medical
insurance for a child as required by a court order.
2. A person who is in arrears in the
payment for the support of one or more children may satisfy the arrearage by:
(a) Paying all of the past due payments;
(b) If the person is unable to pay all past due
payments:
(1) Paying the amounts of the overdue
payments for the preceding 12 months which a court has determined are in
arrears; or
(2) Entering into and complying with a
plan for the repayment of the arrearages which is approved by the district
attorney or other public agency enforcing the order; or
(c) If the arrearage is for a failure to provide
and maintain medical insurance, providing proof that the child is covered under
a policy, contract or plan of medical insurance.
(Added to NRS by 1997, 2027; A 2005, 2807)
NRS 425.560 Determination that person
is in arrears in payments for support; satisfaction of arrearage. [Effective on
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings and expires by limitation 2 years after that
date.] For the purposes of NRS 425.520 to 425.560,
inclusive:
1. A person who is issued a professional
or occupational license, certificate or permit pursuant to title 54 of NRS is
in arrears in the payment for the support of one or more children if:
(a) The person:
(1) Owes a total of more than $1,000 for
the support of one or more children for which payment is past due; and
(2) Is delinquent for not less than 2
months in payments for the support of one or more children or any payments
ordered by a court for arrearages in such payments; or
(b) The person has failed to provide medical
insurance for a child as required by a court order.
2. A person who is in arrears in the
payment for the support of one or more children pursuant to subsection 1 may
satisfy the arrearage by:
(a) Paying all of the past due payments;
(b) If the person is unable to pay all past due
payments:
(1) Paying the amounts of the overdue
payments for the preceding 12 months which a court has determined are in
arrears; or
(2) Entering into and complying with a
plan for the repayment of the arrearages which is approved by the district attorney
or other public agency enforcing the order; or
(c) If the arrearage is for a failure to provide
and maintain medical insurance, providing proof that the child is covered under
a policy, contract or plan of medical insurance.
(Added to NRS by 1997, 2027; A 2005, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
