2005 Nevada Revised Statutes - Chapter 125B — Obligation of Support
CHAPTER 125B - OBLIGATION OF SUPPORT
GENERAL PROVISIONS
NRS 125B.002 Definitions.
NRS 125B.004 Courtdefined.
NRS 125B.008 Statedefined.
NRS 125B.010 Applicabilityof chapter.
NRS 125B.012 Applicabilityof chapter 130 of NRS.
NRS 125B.014 Jurisdiction.
NRS 125B.020 Obligationof parents.
NRS 125B.030 Recoveryby parent with physical custody from other parent.
NRS 125B.040 Recoveryby person other than parent.
NRS 125B.050 Periodof limitations.
NRS 125B.055 Orderfor support issued or modified on or after October 1, 1998: Provision ofinformation by court and parties to action; placement of social securitynumbers in records; regulations.
NRS 125B.065 Courtrequired to determine whether any parties are receiving public assistancebefore issuing or modifying order for support; waiver of arrearages in paymentof child support.
NRS 125B.070 Amountof payment: Definitions; adjustment of presumptive maximum amount based onchange in Consumer Price Index.
NRS 125B.080 Amountof payment: Determination.
NRS 125B.085 Orderfor support to include provision regarding health care coverage for child.
NRS 125B.090 Mannerof payment for judgment or order issued by court in Nevada.
NRS 125B.095 Penaltyfor delinquent payment of installment of obligation of support.
NRS 125B.100 Paymentof arrearages for emancipated child.
NRS 125B.110 Supportof handicapped child beyond age of majority.
NRS 125B.120 Dischargeof parents obligation.
NRS 125B.130 Liabilityof parents estate.
NRS 125B.135 Causeof action subsequent to issuance of order: Notice and service of process.
NRS 125B.140 Enforcementof order for support.
NRS 125B.142 Recordationof order for support after arrearage in payment; recorded order becomes lien onreal and personal property owned by responsible parent; enforcement of lien;effect, priority and duration of lien.
NRS 125B.144 Lienrecorded in another state to enforce order for support entitled to full faithand credit; enforcement of lien.
NRS 125B.145 Reviewand modification of order for support: Request for review; jurisdiction;notification of right to request review.
NRS 125B.150 Assistanceby district attorney to establish parentage and obligation of support and toenforce payment of support; confidentiality; regulations.
NRS 125B.160 Reportsconcerning collection and disbursement of support and establishment ofpaternity.
NRS 125B.170 Disclosureof information by enforcing authority; regulations.
NRS 125B.180 Concurrenceof remedies.
SECURITY FOR PAYMENT OF SUPPORT
NRS 125B.200 Definitions.
NRS 125B.210 Orderfor deposit of assets with trustee; duties of trustee; reimbursement ofadministrative costs.
NRS 125B.220 Orderfor sale of assets and deposit of proceeds with trustee; procedure for depositof particular types of property.
NRS 125B.230 Considerationsagainst deposit, sale or use of assets; presumptions against obligor-parent;procedure for opposition; attorneys fees and costs.
NRS 125B.240 Limitationsupon issuance of order for deposit of assets.
NRS 125B.250 Assetssubject to order for deposit; use of performance bond in lieu of other assets.
NRS 125B.260 Exparte order restraining disposition of property during pendency of proceedings.
NRS 125B.270 Limitationon liability of trustee.
NRS 125B.280 Returnof assets to obligor-parent; procedure for return of particular types ofproperty.
NRS 125B.290 Statementof disbursements and receipts.
NRS 125B.300 Recoveryof unreimbursed fees and costs of trustee.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1997, 2293; A
NRS
(Added to NRS by 1997, 2293)
NRS
(Added to NRS by 1997, 2293; A 1997, 2348)
NRS
(Added to NRS by 1983, 1866; A 1987,2251)(Substituted in revision for NRS 126.238)
NRS
(Added to NRS by 1997, 2293; A 1997, 2348)
1. Each district court has jurisdiction of an actionbrought under this chapter.
2. In addition to any other method authorized by lawfor obtaining jurisdiction over a person inside or outside of this state,personal jurisdiction may be acquired anywhere within the territorial limits ofthis state by service of process in any manner prescribed by the Nevada Rulesof Civil Procedure.
3. If an action to establish or enforce an obligationfor the support of a child is transferred from one judicial district in thisstate to another judicial district in this state, the district court to whichthe action is transferred shall not require the petitioner to file additionaldocuments with the court or provide additional service of process upon therespondent to maintain jurisdiction over the parties.
(Added to NRS by 1997, 2293)
NRS
1. The parents of a child (in this chapter referred toas the child) have a duty to provide the child necessary maintenance, healthcare, education and support.
2. They are also liable, in the event of the childsdeath, for its funeral expenses.
3. The father is also liable to pay the expenses ofthe mothers pregnancy and confinement.
4. The obligation of the parent to support the childunder the laws for the support of poor relatives applies to children born outof wedlock.
[1:87:1923; NCL 3405](NRS A 1983, 1873; 1989, 747)
NRS
[2:87:1923; NCL 3406](NRS A 1969, 95; 1979, 1279;1983, 1873)(Substituted in revision for NRS 126.251)
NRS
1. The obligation of support imposed on the parents ofa child also creates a cause of action on behalf of the legal representativesof either of them, or on behalf of third persons or public agencies furnishingsupport or defraying the reasonable expenses thereof.
2. In the absence of a court order, reimbursement fromthe nonsupporting parent is limited to not more than 4 years support furnishedbefore the bringing of the action.
3. An order for the support of a child creates anobligation for the support of the child and follows the child to the person whohas obtained lawful physical custody of the child.
4. A person who obtains lawful physical custody of achild for whom an order for support has been issued shall be deemed to be theperson entitled to receive the payments ordered for the support of the child.Such a person may in the same manner as the person named in the order forsupport of the child and without petitioning the court for a new order:
(a) Enforce the existing order for support of thechild; or
(b) Request modification of the order for support ofthe child.
5. The transfer of an obligation for support of achild pursuant to this section remains in effect as long as the person lawfullyretains physical custody of the child or until a court orders otherwise. If theperson ceases to have physical custody of the child, the person to whom thelawful physical custody of the child is transferred becomes the person entitledto receive the payments for the support of the child, unless a court ordersotherwise.
6. A person who obtains lawful physical custody of achild and who was not a party to the original proceeding in which a courtissued an order for the support of the child that wishes to enforce the ordermust:
(a) Provide the Division of Welfare and SupportiveServices of the Department of Health and Human Services with a writtendeclaration, under penalty of perjury, that the person has obtained lawfulphysical custody of the child;
(b) If the Division of Welfare and Supportive Servicesor its designee has not been responsible for enforcing the order, mail to theobligor at his last known address by first-class mail and to the attorney ofrecord, if any, specified in the previous decree of divorce or order:
(1) A copy of the written declaration created pursuantto paragraph (a);
(2) A statement setting forth the name of theperson, the month and year in which the person obtained physical custody of thechild and the address to which the payments for support of the child must besent; and
(3) Notice that the obligor must send futurepayments for support of the child to the person; and
(c) If the Division of Welfare and Supportive Servicesor its designee has not been responsible for enforcing the order, file a copyof the declaration created pursuant to paragraph (a) with the court thatentered the order for support of the child and comply with the provisions ofsubsection 2 of NRS 125B.055.
7. Upon receipt of a declaration created pursuant toparagraph (a) of subsection 6, if the Division of Welfare and SupportiveServices or its designee has been responsible for enforcing the order for thesupport of the child, the Division of Welfare and Supportive Services shall:
(a) Mail to the obligor at his last known address byfirst-class mail and to the attorney of record, if any, specified in theprevious decree of divorce or order:
(1) A copy of the declaration; and
(2) Notice to the obligor that the payments forsupport of the child will be provided to the person who has lawful physicalcustody of the child until such custody is terminated or until a court ordersotherwise; and
(b) File a copy of the declaration and notice with thecourt that entered the order for support of the child.
8. A person who fails to comply with the requirementsof subsection 6 does not lose the right to receive payments ordered for thesupport of the child, but such failure may be considered by a court indetermining the amount of arrears owed by an obligor to the person.
9. Notwithstanding the transfer of an obligation forthe support of a child made pursuant to this section, any arrears in thepayment of an obligation for the support of a child accrues to the person whohad lawful physical custody of the child at the time that the payment was dueand remains due until paid in full.
10. For the purposes of this section, visitationrights must not be construed as a change of custody.
11. The provisions of this section do not change thelegal custody of a child or affect the rights and obligations of a parentrelating to a child.
12. As used in this section, lawful physical custodymeans a person who has obtained physical custody:
(a) Pursuant to an order of a court; or
(b) With the consent of the person who has been awardedphysical custody of the child pursuant to an order of a court.
[3:87:1923; NCL 3407](NRS A 1979, 1279; 1983,1874; 2005, 2432)
NRS
1. If there is no court order for support, any demandin writing to a parent not having physical custody for payment of support onbehalf of a minor child, mailed to the last known address of the parent, tollsthe running of the statute of limitations for the bringing of an action forthat support.
2. A motion for relief after judgment and anindependent action to enforce a judgment for support of a child may becommenced at any time.
3. If a court has issued an order for the support of achild, there is no limitation on the time in which an action may be commencedto:
(a) Collect arrearages in the amount of that support;or
(b) Seek reimbursement of money paid as publicassistance for that child.
(Added to NRS by 1983, 1867; A 1987,2252)(Substituted in revision for NRS 126.263)
NRS
1. A court that, on or after October 1, 1998, issuesor modifies an order in this State for the support of a child shall:
(a) Obtain and provide to the Division of Welfare andSupportive Services of the Department of Health and Human Services such informationregarding the order as the Division of Welfare and Supportive Servicesdetermines is necessary to carry out the provisions of 42 U.S.C. 654a.
(b) Ensure that the social security numbers of thechild and the parents of the child are placed in the records relating to thematter and, except as otherwise required to carry out a specific statute,maintained in a confidential manner.
2. Within 10 days after a court of this State issuesan order for the support of a child, each party to the cause of action shallfile with the court that issued the order and the Division of Welfare andSupportive Services:
(a) His social security number;
(b) His residential and mailing addresses;
(c) His telephone number;
(d) His drivers license number; and
(e) The name, address and telephone number of hisemployer.
Each partyshall update the information filed with the court and the Division of Welfareand Supportive Services pursuant to this subsection within 10 days after thatinformation becomes inaccurate.
3. The Division of Welfare and Supportive Servicesshall adopt regulations specifying the particular information required to beprovided pursuant to subsection 1 to carry out the provisions of 42 U.S.C. 654a.
(Added to NRS by 1997, 2294; A
NRS
(Added to NRS by
NRS
1. As used in this section and
(a) Gross monthly income means the total amount ofincome received each month from any source of a person who is not self-employedor the gross income from any source of a self-employed person, after deductionof all legitimate business expenses, but without deduction for personal incometaxes, contributions for retirement benefits, contributions to a pension or forany other personal expenses.
(b) Obligation for support means the sum certaindollar amount determined according to the following schedule:
(1) For one child, 18 percent;
(2) For two children, 25 percent;
(3) For three children, 29 percent;
(4) For four children, 31 percent; and
(5) For each additional child, an additional 2percent,
of aparents gross monthly income, but not more than the presumptive maximum amountper month per child set forth for the parent in subsection 2 for an obligationfor support determined pursuant to subparagraphs (1) to (4), inclusive, unlessthe court sets forth findings of fact as to the basis for a different amountpursuant to subsection 6 of NRS 125B.080.
2. For the purposes of paragraph (b) of subsection 1,the presumptive maximum amount per month per child for an obligation forsupport, as adjusted pursuant to subsection 3, is:
PRESUMPTIVEMAXIMUM AMOUNT
ThePresumptive Maximum Amount the
INCOME RANGE ParentMay Be Required to Pay
If the Parents Gross But perMonth per Child Pursuant to
Monthly Income Is at Least Less Than Paragraph(b) of Subsection 1 Is
$0 - $4,168 $500
4,168 - 6,251 550
6,251 - 8,334 600
8,334 - 10,418 650
10,418 - 12,501 700
12,501 - 14,583 750
If a parents gross monthly income is equal to or greaterthan $14,583, the presumptive maximum amount the parent may be required to paypursuant to paragraph (b) of subsection 1 is $800.
3. The presumptive maximum amounts set forth insubsection 2 for the obligation for support must be adjusted on July 1 of eachyear for the fiscal year beginning that day and ending June 30 in a roundeddollar amount corresponding to the percentage of increase or decrease in theConsumer Price Index (All Items) published by the United States Department ofLabor for the preceding calendar year. On April 1 of each year, the Office ofCourt Administrator shall determine the amount of the increase or decrease requiredby this subsection, establish the adjusted amounts to take effect on July 1 ofthat year and notify each district court of the adjusted amounts.
4. As used in this section, Office of CourtAdministrator means the Office of Court Administrator created pursuant to
(Added to NRS by 1987, 2267; A 1991, 1334;
NRS
1. A court of this State shall apply theappropriate formula set forth in NRS125B.070 to:
(a) Determine the required support in any caseinvolving the support of children.
(b) Any request filed after July 1, 1987, to change theamount of the required support of children.
2. If the parties agree as to the amount of supportrequired, the parties shall certify that the amount of support is consistentwith the appropriate formula set forth in NRS125B.070. If the amount of support deviates from the formula, the partiesmust stipulate sufficient facts in accordance with subsection 9 which justifythe deviation to the court, and the court shall make a written finding thereon.Any inaccuracy or falsification of financial information which results in aninappropriate award of support is grounds for a motion to modify or adjust theaward.
3. If the parties disagree as to the amount of thegross monthly income of either party, the court shall determine the amount andmay direct either party to furnish financial information or other records,including income tax returns for the preceding 3 years. Once a court hasestablished an obligation for support by reference to a formula set forth in
4. Notwithstanding the formulas set forth in
5. It is presumed that the basic needs of a child aremet by the formulas set forth in NRS125B.070. This presumption may be rebutted by evidence proving that theneeds of a particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child isgreater or less than the amount which would be established under the applicableformula, the court shall:
(a) Set forth findings of fact as to the basis for thedeviation from the formula; and
(b) Provide in the findings of fact the amount ofsupport that would have been established under the applicable formula.
7. Expenses for health care which are not reimbursed,including expenses for medical, surgical, dental, orthodontic and opticalexpenses, must be borne equally by both parents in the absence of extraordinarycircumstances.
8. If a parent who has an obligation for support iswillfully underemployed or unemployed to avoid an obligation for support of achild, that obligation must be based upon the parents true potential earningcapacity.
9. The court shall consider the following factors whenadjusting the amount of support of a child upon specific findings of fact:
(a) The cost of health insurance;
(b) The cost of child care;
(c) Any special educational needs of the child;
(d) The age of the child;
(e) The legal responsibility of the parents for thesupport of others;
(f) The value of services contributed by either parent;
(g) Any public assistance paid to support the child;
(h) Any expenses reasonably related to the motherspregnancy and confinement;
(i) The cost of transportation of the child to and fromvisitation if the custodial parent moved with the child from the jurisdictionof the court which ordered the support and the noncustodial parent remained;
(j) The amount of time the child spends with eachparent;
(k) Any other necessary expenses for the benefit of thechild; and
(l) The relative income of both parents.
(Added to NRS by 1987, 2267; A 1989, 859; 1991, 1334;1993, 486; 1997, 2295; 2001,1866)
NRS
(Added to NRS by 1997, 2294)
NRS
(Added to NRS by 1983, 1867; A 1997, 2297)
NRS
1. Except as otherwise provided in this section and
2. The amount of the penalty is 10 percent per annum,or portion thereof, that the installment remains unpaid. Each district attorneyor other public agency in this State undertaking to enforce an obligation topay support for a child shall enforce the provisions of this section.
(Added to NRS by 1993, 1030; A 1997, 2297;
NRS
(Added to NRS by 1987, 2250)
NRS
1. A parent shall support beyond the age of majorityhis child who is handicapped until the child is no longer handicapped or untilthe child becomes self-supporting. The handicap of the child must have occurredbefore the age of majority for this duty to apply.
2. For the purposes of this section, a child isself-supporting if he receives public assistance beyond the age of majority andthat assistance is sufficient to meet his needs.
3. This section does not impair or otherwise affectthe eligibility of a handicapped person to receive benefits from a source otherthan his parents.
4. As used in this section, handicapped means theinability to engage in any substantial gainful activity by reason of anymedically determinable physical or mental impairment which can be expected toresult in death or which has lasted or can be expected to last for a continuousperiod of not less than 12 months.
(Added to NRS by 1987, 2268; A 1991, 1336)
NRS
1. The obligation of a parent other than that underthe laws providing for the support of poor relatives is discharged by complyingwith a court order for support or with the terms of a judicially approved settlement.
2. The legal adoption of the child into another familydischarges the obligation of his natural parents for the period subsequent tothe adoption.
[4:87:1923; NCL 3408](NRS A 1979, 1280; 1997,2297)
NRS
1. The obligation of a parent is enforceable againsthis estate in such an amount as the court may determine, having regard to theage of the child, the ability of the custodial parent to support the child, theamount of property left by the deceased parent, the number, age, and financialcondition of the lawful issue, if any, and the rights of the surviving spouse,if any, of the deceased parent.
2. The court may direct the discharge of theobligation by periodical payments or by the payment of a lump sum.
[5:87:1923; NCL 3409](NRS A 1979, 1280; 1983,1874)(Substituted in revision for NRS 126.281)
NRS
1. The party initiating the proceeding shows proofthat diligent effort has been made to ascertain the location of the missingparty; and
2. Written notice of the initiation of the proceedinghas been mailed to the mailing address of the missing party or the address ofthe missing partys employer as those addresses appear in the informationrequired to be filed pursuant to subsection 2 of
(Added to NRS by 1997, 2294; A
NRS
1. Except as otherwise provided in
(a) If an order issued by a court provides for paymentfor the support of a child, that order is a judgment by operation of law on orafter the date a payment is due. Such a judgment may not be retroactivelymodified or adjusted and may be enforced in the same manner as other judgmentsof this State.
(b) Payments for the support of a child pursuant to anorder of a court which have not accrued at the time either party gives noticethat he has filed a motion for modification or adjustment may be modified oradjusted by the court upon a showing of changed circumstances, whether or notthe court has expressly retained jurisdiction of the modification oradjustment.
2. Except as otherwise provided in subsection 3 and
(a) Before execution for the enforcement of a judgmentfor the support of a child, the person seeking to enforce the judgment mustsend a notice by certified mail, restricted delivery, with return receiptrequested, to the responsible parent:
(1) Specifying the name of the court that issuedthe order for support and the date of its issuance;
(2) Specifying the amount of arrearages accruedunder the order;
(3) Stating that the arrearages will be enforcedas a judgment; and
(4) Explaining that the responsible parent may,within 20 days after the notice is sent, ask for a hearing before a court ofthis State concerning the amount of the arrearages.
(b) The matters to be adjudicated at such a hearing arelimited to a determination of the amount of the arrearages and the jurisdictionof the court issuing the order. At the hearing, the court shall take evidenceand determine the amount of the judgment and issue its order for that amount.
(c) The court shall determine and include in its order:
(1) Interest upon the arrearages at a rateestablished pursuant to NRS 99.040, fromthe time each amount became due; and
(2) A reasonable attorneys fee for theproceeding,
unless thecourt finds that the responsible parent would experience an undue hardship ifrequired to pay such amounts. Interest continues to accrue on the amount ordereduntil it is paid, and additional attorneys fees must be allowed if requiredfor collection.
(d) The court shall ensure that the socialsecurity number of the responsible parent is:
(1) Provided to the Division of Welfare andSupportive Services of the Department of Health and Human Services.
(2) Placed in the records relating to the matterand, except as otherwise required to carry out a specific statute, maintainedin a confidential manner.
3. Subsection 2 does not apply to the enforcement of ajudgment for arrearages if the amount of the judgment has been determined byany court.
(Added to NRS by 1987, 2250; A 1991, 1336; 1993,2625; 1997, 2297, 2298;
NRS
1. If a responsible parent is in arrears in thepayment for the support of a child pursuant to an order of a court of thisState, the order may be recorded in the manner prescribed in
2. From the time of its recordation, the order becomesa lien upon all real and personal property owned by the responsible parent inthe county in which the order is recorded at the time the order is recorded, orwhich he acquires in that county after the order is recorded, until the lienexpires.
3. Except as otherwise provided in subsection 4, aperson who wishes to enforce a lien created pursuant to subsection 1 must,within 20 days after he records the order as a lien, send a notice by certifiedmail, return receipt requested, to the responsible parent:
(a) Specifying the name of the court that issued theorder and the date of its issuance;
(b) Specifying the amount of arrearages under theorder;
(c) Stating that the order will be enforced as a judgmentlien; and
(d) Explaining that the responsible parent may, within20 days after the notice is sent, request a hearing before the court concerningthe amount of the arrearages.
4. A person who seeks to enforce a lien pursuant tothis section is not required to send the notice required pursuant to subsection3 if the amount of arrearages has been determined by a court of this State.
5. If the responsible parent does not request ahearing, or a court of this State has determined the amount of the arrearagesowed by the responsible parent, the lien must be given the effect and priorityof a judgment lien.
6. A lien established pursuant to this sectioncontinues until the arrearages are satisfied.
(Added to NRS by 1997, 2295)
NRS
1. A lien against the real or personal property of aresponsible parent arising in another state to enforce an order that isentitled to recognition pursuant to chapter 130of NRS must be afforded full faith and credit in this State if the orderand forms prescribed by the Secretary of Health and Human Services pursuant to42 U.S.C. 652(a)(11)(B) are recorded in the manner prescribed in
2. Notwithstanding the provisions of
(Added to NRS by 1997, 2295; A 1997, 2349)
NRS
1. An order for the support of a child must, upon thefiling of a request for review by:
(a) The Division of Welfare and Supportive Services ofthe Department of Health and Human Services, its designated representative orthe district attorney, if the Division of Welfare and Supportive Services orthe district attorney has jurisdiction in the case; or
(b) A parent or legal guardian of the child,
be reviewedby the court at least every 3 years pursuant to this section to determinewhether the order should be modified or adjusted. Each review conducted pursuantto this section must be in response to a separate request.
2. If the court:
(a) Does not have jurisdiction to modify the order, thecourt may forward the request to any court with appropriate jurisdiction.
(b) Has jurisdiction to modify the order and, takinginto account the best interests of the child, determines thatmodification or adjustment of the order is appropriate, the court shall enteran order modifying or adjusting the previous order for support in accordancewith the requirements of NRS125B.070 and 125B.080.
3. The court shall ensure that:
(a) Each person who is subject to an order for thesupport of a child is notified, not less than once every 3 years, that he mayrequest a review of the order pursuant to this section; or
(b) An order for the support of a child includesnotification that each person who is subject to the order may request a reviewof the order pursuant to this section.
4. An order for the support of a child may be reviewedat any time on the basis of changed circumstances. For the purposes of this subsection,a change of 20 percent or more in the gross monthly income of a person who issubject to an order for the support of a child shall be deemed to constitutechanged circumstances requiring a review for modification of the order for thesupport of a child.
5. As used in this section:
(a) Gross monthly income has the meaning ascribed toit in NRS 125B.070.
(b) Order for the support of a child means such anorder that was issued or is being enforced by a court of this State.
(Added to NRS by 1989, 859; A 1991, 1337; 1993, 2626;1997, 2299; 2003, 546)
NRS
1. The district attorney of the county of residence ofthe child, or of a parent, alleged parent or guardian who does not havephysical custody of the child, shall take such action as is necessary toestablish parentage of the child and locate and take legal action, includingthe establishment or adjustment of an obligation of support, against a personwho has a duty to support the child when requested to do so by the parent,alleged parent or guardian or a public agency which provides assistance to theparent, alleged parent, guardian or child. If the court for cause transfers theaction to another county, the clerk of the receiving court shall notify thedistrict attorney of that county, and that district attorney shall proceed toprosecute the cause of action and take such further action as is necessary toestablish parentage and to establish or adjust the obligation of support and toenforce the payment of support pursuant to this chapter or
2. In a county where the district attorney hasdeputies to aid him in the performance of his duties, the district attorneyshall designate himself or a particular deputy as responsible for performingthe duties imposed by subsection 1.
3. Except as otherwise provided in
4. Officials of the Division of Welfare and SupportiveServices of the Department of Health and Human Services are entitled to accessto the information obtained by the district attorney if that information isrelevant to the performance of their duties. The district attorney or hisdeputy shall inform each person who provides information pursuant to thissection concerning the limitations on the confidentiality between lawyer andclient under these circumstances.
5. Disclosures of criminal activity by a parent orchild are not confidential.
6. The district attorney shall inform each parent whoapplies for his assistance in this regard that a procedure is available tocollect unpaid support from any refund owed to the parent who has a duty tosupport the child because an excessive amount of money was withheld to pay hisfederal income tax. The district attorney shall submit to the Division ofWelfare and Supportive Services all documents and information it requires topursue such a collection if:
(a) The applicant is not receiving public assistance.
(b) The district attorney has in his records:
(1) A copy of the order of support for a childand any modifications of the order which specify their date of issuance and theamount of the ordered support;
(2) A copy of a record of payments received or,if no such record is available, an affidavit signed by the custodial parentattesting to the amount of support owed; and
(3) The current address of the custodial parent.
(c) From the records in his possession, the districtattorney has reason to believe that the amount of unpaid support is not lessthan $500.
Beforesubmitting the documents and information to the Division of Welfare andSupportive Services, the district attorney shall verify the accuracy of thedocuments submitted relating to the amount claimed as unpaid support and thename and social security number of the parent who has a duty to support thechild. If the district attorney has verified this information previously, heneed not reverify it before submitting it to the Division of Welfare andSupportive Services.
7. The Division of Welfare and Supportive Servicesshall adopt such regulations as are necessary to carry out the provisions ofsubsection 6.
(Added to NRS by 1969, 589; A 1979, 1281; 1981, 1574;1987, 2252; 1989, 670, 1642; 1995, 2415;
NRS
1. Each district attorney, and a designatedrepresentative of the Division of Welfare and Supportive Services of theDepartment of Health and Human Services who collects or disburses payments forthe support of a child, shall report to the Division of Welfare and SupportiveServices any information required by the Division of Welfare and SupportiveServices regarding support for children, including information concerning thecollection and disbursements of support and the establishment of paternity.
2. The Administrator of the Division of Welfare andSupportive Services shall adopt regulations prescribing the forms for, and thearrangement of, the material to be submitted and the schedule for the reportingof the required information.
(Added to NRS by 1987, 2253; A 1997, 2300)
NRS
1. The enforcing authority shall releaseinformation concerning a responsible parents obligation or failure to paysupport for a child to an agency of the kind defined in 15 U.S.C. 1681a(f),except that the information may not be given to the agency until:
(a) Notice of the proposed disclosure has beensent to the responsible parent and he has had 20 days to correct theinformation; and
(b) The agency has furnished evidence satisfactory tothe enforcing authority that the agency is of the kind defined in 15 U.S.C. 1681a(f).
2. The Division of Welfare and Supportive Services ofthe Department of Health and Human Services shall adopt regulations concerningthe disclosure of information pursuant to this section, prescribing the contentof the notice of the proposed disclosure and establishing procedures for theresponsible parent to correct any of the information to be disclosed.
3. As used in this section, enforcing authoritymeans the Division of Welfare and Supportive Services of the Department ofHealth and Human Services, its designated representative or the districtattorney.
(Added to NRS by 1985, 1428; A 1987, 2247; 1993, 540;1997, 2300)
NRS
[31:87:1923; NCL 3435](NRS A 1979,1282)(Substituted in revision for NRS 126.391)
SECURITY FOR PAYMENT OF SUPPORT
NRS
1. Court includes a referee or master appointed bythe court.
2. Minor child means a person who is:
(a) Under the age of 18 years;
(b) Under the age of 19 years, if he is enrolled inhigh school;
(c) Under a legal disability; or
(d) Not declared emancipated pursuant to
3. Obligor-parent means a parent who has beenordered by a court to pay for the support of a minor child.
(Added to NRS by 1989, 855)
NRS
1. Except as otherwise provided in
(a) A declaration is signed under penalty of perjury bythe person to whom support has been ordered to have been paid stating that theobligor-parent is in arrears in payment in a sum equal to or greater than theamount of 30 days of payments;
(b) Notice and opportunity for hearing on anapplication to the court, an order to show cause, or a notice of motion hasbeen given to the obligor-parent; and
(c) The court makes a finding that good cause has beenshown and that there exists one or more of the conditions set forth in
the courtshall issue to the obligor-parent an order requiring him to deposit assets tosecure future payments of support with a trustee designated by the court and topay reasonable attorneys fees and costs to the person to whom support has beenordered. The court may designate the district attorney, another county officeror any other person as trustee.
2. Upon receipt of the assets, the trustee designatedby the court to receive the assets shall use the money or sell or otherwisegenerate income from the deposited assets for an amount sufficient to pay thearrearage, administrative costs, any amount currently due pursuant to an orderof the court for the care, support, education and maintenance of the minorchild, interest upon the arrearage, and attorneys fees, if:
(a) The obligor-parent fails, within the time specifiedby the court, to cure the default in the payment of the support of a child dueat the time the trustee receives the deposited assets, or fails to comply witha plan for payment approved by the court;
(b) Further arrears in payments accrue after thetrustee receives the deposited assets, or the arrearage specified in thedeclaration is not paid current within any 30-day period following thetrustees receipt of the assets;
(c) No fewer than 25 days before the sale or use of theassets, written notice of the trustees intent to sell or use the assets isserved personally on the obligor-parent or is mailed to the obligor-parent bycertified mail, return receipt requested; and
(d) A motion or order to show cause has not been filedto stop the use or sale, or if filed, has been denied by the court.
The sale ofassets must be conducted in accordance with the provisions set forth in
3. To cover his administrative costs, the trustee maydeduct from the deposited money all actual costs incurred in a sale and 5percent of each payment made pursuant to subsection 2.
(Added to NRS by 1989, 855; A 1993, 2627)
NRS
1. Upon deposit of any asset pursuant to
2. When an asset ordered to be deposited is realproperty, the order must be certified in accordance with
3. When an asset ordered to be deposited is personalproperty or fixtures including goods, documents, instruments, generalintangibles, chattel paper or accounts, the trustee shall file a financingstatement in accordance with NRS 104.9501,104.9502 and
4. When an asset ordered to be deposited is a vehicleregistered with the Department of Motor Vehicles, the trustee shall deliver tothe Department the certificate of title of the vehicle in accordance with
(Added to NRS by 1989, 856; A
NRS
1. If raised by the obligor-parent, the court, indeciding a motion for an order to deposit assets or a motion to stop a sale orthe use of assets, may consider any of the following factors, among other legalor equitable defenses:
(a) The payments of support of the child were not inarrears at the time the declaration was filed.
(b) The granting of the order or the denial of themotion would have a serious adverse effect on the immediate family members ofthe obligor-parent who reside with the obligor-parent which would outweigh theeffect on the other parent of the denial of the order or the granting of themotion.
(c) The granting of the order or denial of the motionwould substantially impair the ability of the obligor-parent to generateincome.
(d) Any other specified emergency condition whichimpairs the ability of the obligor-parent to make the payment of support.
2. Where evidence is presented that the obligor-parentis in arrears in the payment of support of a child, the obligor-parent mustdispute the presumption that nonpayment of support of the child was willful,without good faith, and that the obligor-parent had the ability to pay thesupport.
3. An obligor-parent may oppose the use of the moneyor the sale of the assets pursuant to subsection 2 of
4. If the obligor-parent is found to be in arrears atthe time the declaration was filed, the court shall award reasonable attorneysfees and costs to the person to whom support has been ordered to have beenpaid, even if the obligor-parent has cured the arrearage at the time of the hearing.
(Added to NRS by 1989, 856)
NRS
1. The obligor-parent is not receiving income whichmay be subject to an assignment or withholding pursuant to
2. An assignment or withholding of income pursuant to
3. The history of employment of the obligor-parentmakes an assignment or withholding of income pursuant to
(Added to NRS by 1989, 857; A 1997, 2301;
NRS
1. In determining which assets of the obligor-parentare to be subject to an order issued pursuant to
(a) Not be exempt by law from execution; and
(b) Whenever possible, be equal in value to not lessthan the amount of current arrearages of the obligor-parent and the amount ofthe annual amount of support ordered.
2. In lieu of depositing money or other assets asprovided in subsection 1, the obligor-parent may, upon approval of the court,provide a performance bond secured by any real property or other assets of theobligor-parent and equal in value to the annual amount of support ordered andthe amount of current arrearages.
(Added to NRS by 1989, 857)
NRS
1. During the pendency of any proceeding pursuant to
2. If an ex parte order is directed against a party,the court shall require him to account to the court for all extraordinaryexpenditures.
3. The ex parte order must be made returnable notlater than 25 days after the date of the order. At the hearing the court shalldetermine for which property the obligor-parent is required to reportextraordinary expenditures and shall specify what is deemed an extraordinaryexpenditure for the purposes of this section.
4. Any ex parte order must state on its face the dateof expiration of the order. The order expires 1 year after it is issued or upondeposit of assets or money pursuant to NRS125B.210, whichever occurs first.
(Added to NRS by 1989, 858)
NRS
(Added to NRS by 1989, 858)
NRS
1. The trustee designated by the court to receiveassets pursuant to NRS 125B.210 shallreturn any assets to the obligor-parent when:
(a) The obligor-parent has given the trustee notice toreturn assets;
(b) All payments in arrears have been paid in full; and
(c) The obligor-parent has made, in a timely manner,all payments of support ordered for the 12 months immediately preceding thedate notice was given to the trustee.
2. If the deposited assets include real property, uponthe satisfaction of the requirements of subsection 1, the trustee shall preparea release and record it in the office of the county recorder.
3. If the deposited assets include personal propertyor fixtures including goods, documents, instruments, general intangibles,chattel paper or accounts, the trustee shall, upon the satisfaction of therequirements of subsection 1, prepare a termination statement and file it inaccordance with NRS 104.9513.
4. If the deposited assets include a vehicleregistered with the Department of Motor Vehicles, the trustee shall, upon thesatisfaction of the requirements of subsection 1, deliver the certificate oftitle to the obligor-parent in accordance with
(Added to NRS by 1989, 858; A
NRS
(Added to NRS by 1989, 858)
NRS
1. If the trustee designated by the court to receiveassets pursuant to NRS 125B.210,incurs fees or costs which are not compensated by the deduction authorizedpursuant to NRS 125B.210, the court:
(a) Shall hold a hearing not later than 20 days after theobligor-parent is served by the trustee with notice of a motion or order to showcause; and
�b) May order the obligor-parent to pay reasonablefees and costs.
2. A fee or cost incurred:
(a) In any sale of assets pursuant to
(b) In the preparation of a statement pursuant to
isrecoverable as set forth in this section.
(Added to NRS by 1989, 858)
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