Nrs: Chapter 425 - Support Of Dependent Children

Link to law: https://www.leg.state.nv.us/NRS/NRS-425.html
Published: 2015

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[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.]

_________

_________

 

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)