2005 Nevada Revised Statutes - Chapter 425 — Support of Dependent Children

CHAPTER 425 - SUPPORT OF DEPENDENT CHILDREN

GENERAL PROVISIONS

NRS 425.260 Definitions.

NRS 425.270 Administratordefined.

NRS 425.280 Assistanceand public assistance defined.

NRS 425.285 Chiefdefined.

NRS 425.289 Courtdefined.

NRS 425.290 Courtorder defined.

NRS 425.295 Debtdefined.

NRS 425.300 Dependentchild defined.

NRS 425.310 Divisiondefined.

NRS 425.312 Enforcingauthority defined.

NRS 425.315 Officedefined.

NRS 425.318 Programdefined.

NRS 425.320 Prosecutingattorney defined.

NRS 425.330 Responsibleparent defined.

NRS 425.335 Statedefined.

NRS 425.340 Purposeof chapter; remedies cumulative.

NRS 425.345 Applicabilityof chapters 31A, 125B and 126of NRS.

NRS 425.346 Applicabilityof and compliance with chapter 130 of NRS.

NRS 425.350 Dutyof parent to support child; assignment of right to support upon acceptance ofassistance; appointment of Administrator as attorney-in-fact; enforceability ofdebt for support; notice of assignment.

NRS 425.360 Debtfor support: Payment of public assistance creates debt; amount of debt;Division entitled to reimbursement for assistance paid; when debt not incurred.

NRS 425.363 StateChild Support Disbursement Fund: Creation; deposits in Fund; use of money inFund.

NRS 425.365 Authorityof Administrator to adopt regulations and carry out chapter.

NRS 425.370 Dutyof Division and prosecuting attorney to carry out Program.

NRS 425.380 Establishmentof paternity and enforcement of support: Duty of district attorney; authorityof Attorney General.

PROCEDURE FOR JUDICIAL ENFORCEMENT

NRS 425.381 Master:Appointment; qualifications.

NRS 425.382 Authorityof Chief and master.

NRS 425.3822 Noticeand finding of financial responsibility: Issuance; service.

NRS 425.3824 Noticeand finding of financial responsibility: Contents; conference; hearing.

NRS 425.3826 Noticeand finding of financial responsibility: Additional requirements when paternityhas not been legally established.

NRS 425.3828 Hearingrequired upon request; issuance of recommendation for support by master;approval of recommendation by district court; judicial relief.

NRS 425.383 Modificationor adjustment of order for support.

NRS 425.3832 Hearings:Procedure; subpoenas; compensation of witnesses; evidence.

NRS 425.3834 Enforcementof order approving recommendation for support; judicial review; effect ofrecommendation during judicial review.

NRS 425.3835 Courtprohibited from staying proceeding or refusing hearing in certaincircumstances; court required to hold hearing; court authorized to issuesupport order pendente lite.

NRS 425.3836 Noticeof intent to enforce court order for support; hearing; issuance ofrecommendation for support; effect of approval of recommendation; effect ofnoncompliance with order.

NRS 425.3838 Establishmentof paternity: Procedure when paternity not disputed.

NRS 425.384 Establishmentof paternity: Procedure when paternity is disputed.

NRS 425.3841 Establishmentof paternity: Recommendation for temporary support pending resolution ofproceedings.

NRS 425.3844 Recommendationentered by master: Notification of parties; objection to recommendation;judicial review; approval and filing; effect upon filing.

NRS 425.3846 Enforcementof support in accordance with chapter 31A ofNRS.

NRS 425.3848 Disposalof property by parent: Temporary restraining order; bond; notice of lispendens.

NRS 425.385 Certificationof complex issues to district court; temporary support.

NRS 425.3852 Certificationof proceeding to district court: Representation of public interests;presentation of case.

NRS 425.3855 Socialsecurity numbers of parents or legal guardians of child: Court entering orderto ensure provision to enforcing authority; court entering order to ensureplacement in records.

COLLECTION, DISSEMINATION AND USE OF INFORMATION

NRS 425.390 Statementof responsible parent concerning ability to support child: Contents; additionalstatements; penalties.

NRS 425.393 Authorityof Chief to request information to carry out chapter; compliance with request.

NRS 425.395 Submissionto Division of information regarding holders of certain licenses, certificatesor permits; dissemination of information. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 425.395 Submissionto Division of information regarding holders of certain licenses, certificatesor permits; dissemination of information. [Effective on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 425.397 Useof information received regarding holders of certain licenses, certificates orpermits; notification that holder is in arrears in payment of support.

NRS 425.400 Registryof information concerning responsible parents: Establishment; requests forinformation and assistance; failure to comply with request; disclosure ofinformation.

NRS 425.405 Adoptionand enforcement of regulations for protection of privacy.

ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT

NRS 425.410 Paymentof support through enforcing authority; collection and use of damages fordishonored check, draft or extension of credit.

NRS 425.420 Depositof certain receipts in State General Fund.

NRS 425.430 Distributionof money recovered by enforcing authority.

NRS 425.440 Uncollectibledebt for support.

NRS 425.450 Adjustmentof orders for support.

NRS 425.460 Exchangesof data with financial institutions; encumbrance or surrender of assets ofresponsible parents held by financial institutions; financial institutions notliable for compliance; Division not liable for return of surrendered assets.

NRS 425.470 Collectionof arrearages in payments of support: Notification of responsible parent;authority of Chief; hearing before master.

NRS 425.480 Fraudulenttransfer of property by responsible parent: Duties of Division.

NRS 425.490 Bloodtests or tests of genetic identification to determine paternity: Authority ofChief; payment of costs; orders for additional testing.

SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FORNONCOMPLIANCE WITH CERTAIN REQUIREMENTS

NRS 425.500 Agencythat issues a professional, occupational or recreational license, certificateor permit defined. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 425.500 Agencythat issues a professional or occupational license, certificate or permitpursuant to title 54 of NRS defined. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreational licensesfor child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings and expires by limitation 2years after that date.]

NRS 425.510 Procedurefor reporting to Department of Motor Vehicles names of persons who have failedto pay support or comply with certain subpoenas or warrants; plan for repaymentof arrearages. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 425.510 Procedurefor reporting to Department of Motor Vehicles names of persons who have failedto pay support; plan for repayment of arrearages. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 425.520 Statementby applicant for professional, occupational or recreational license,certificate or permit. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 425.520 Statementby applicant for professional or occupational license, certificate or permit.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings and expires by limitation 2 years after that date.]

NRS 425.530 Notificationof person who has failed to pay support or comply with certain subpoenas orwarrants; request for suspension of persons licenses, certificates andpermits; recommendation by master; hearing. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 425.530 Notificationof person who has failed to pay support or comply with certain subpoenas orwarrants; request for suspension of persons licenses, certificates andpermits; recommendation by master; hearing. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings and expiresby limitation 2 years after that date.]

NRS 425.540 Disseminationand contents of court order approving recommendation of master determining thatperson has failed to pay support or comply with certain subpoenas or warrants;notification of person subject to order. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 425.540 Disseminationand contents of court order approving recommendation of master determining thatperson 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 ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 425.550 Issuanceand dissemination of letter stating that person has complied with subpoena orwarrant or satisfied arrearage. [Effective until the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 425.550 Issuanceand dissemination of letter stating that person has complied with subpoena orwarrant or satisfied arrearage. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 425.560 Determinationthat person is in arrears in payments for support; satisfaction of arrearage.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 425.560 Determinationthat person is in arrears in payments for support; satisfaction of arrearage.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings and expires by limitation 2 years after that date.]

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GENERAL PROVISIONS

NRS 425.260 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS425.270 to 425.335, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1977, 719; A 1987, 2253; 1989, 1641;1997, 2028, 2244)

NRS 425.270 Administratordefined. Administrator means the Administratorof the Division, or his representative.

(Added to NRS by 1977, 719; A 1989, 1641)

NRS 425.280 Assistanceand public assistance defined. Assistanceand public assistance mean any payment made by the Division to or on behalfof a child pursuant to the provisions of title 38 of NRS.

(Added to NRS by 1977, 720)

NRS 425.285 Chiefdefined. Chief means the Chief of theProgram or his designee.

(Added to NRS by 1989, 1634)

NRS 425.289 Courtdefined. Court means the district court orany judicial or administrative procedure established in this or any other stateto facilitate the collection of an obligation for the support of a child.

(Added to NRS by 1989, 1634; A 1997, 2244)

NRS 425.290 Courtorder defined. Court order means anyjudgment, decree or order of a court of this or any state having jurisdictionthat orders the payment of a set or determinable amount of support money.

(Added to NRS by 1977, 720; A 1989, 1641)

NRS 425.295 Debtdefined. Debt means the amount of money owedas support for a dependent child pursuant to:

1. An order of a court of competent jurisdiction ofthis or any other state; or

2. A recommendation entered by the master pursuant to NRS 425.382 to 425.3852, inclusive, and approved by thedistrict court.

(Added to NRS by 1989, 1634; A 1991, 1031; 1993, 487;1997, 2244)

NRS 425.300 Dependentchild defined. Dependent child means anyperson, who is not otherwise emancipated, self-supporting or a member of theArmed 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 highschool.

(Added to NRS by 1977, 720; A 1989, 1642)

NRS 425.310 Divisiondefined. Division means the Division of Welfareand Supportive Services of the Department of Health and Human Services.

(Added to NRS by 1977, 720)

NRS 425.312 Enforcingauthority defined. Enforcing authority meansthe Division, its designated representative or the prosecuting attorney.

(Added to NRS by 1997, 2240)

NRS 425.315 Officedefined. Office means the office of theProgram.

(Added to NRS by 1989, 1634)

NRS 425.318 Programdefined. Program means the Program establishedto locate absent parents, establish paternity and obtain child support pursuantto Part D of Title IV of the Social Security Act (42 U.S.C. 651 et seq.) andother provisions of that Act relating to the enforcement of child support.

(Added to NRS by 1989, 1634; A 1997, 2245)

NRS 425.320 Prosecutingattorney defined. Prosecuting attorneymeans the district attorney of any county or of Carson City, or the AttorneyGeneral when acting pursuant to NRS 425.380.

(Added to NRS by 1977, 720)

NRS 425.330 Responsibleparent defined. Responsible parent meansthe natural or adoptive parent of a dependent child, or any person who isresponsible for the support of a dependent child by law, contract or order of acourt of competent jurisdiction.

(Added to NRS by 1977, 720)

NRS 425.335 Statedefined. State has the meaning ascribed toit in NRS 130.10179.

(Added to NRS by 1997, 2240; A 1997, 2347)

NRS 425.340 Purposeof chapter; remedies cumulative. It is thepurpose of this chapter that children be promptly maintained insofar aspossible from the resources of responsible parents. The remedies provided inthis chapter are cumulative and in addition to any other remedy provided bylaw.

(Added to NRS by 1977, 723; A 1997, 2245)

NRS 425.345 Applicabilityof chapters 31A,125Band 126of NRS. To the extent they are notinconsistent with the provisions of this chapter, the provisions of chapters 31A, 125Band 126 of NRS apply to a hearing heldpursuant to the provisions of this chapter.

(Added to NRS by 1989, 1634; A 1997, 2245)

NRS 425.346 Applicabilityof and compliance with chapter 130 of NRS. To theextent that any provision of this chapter is inconsistent with the provisionsof chapter 130 of NRS regarding the effect,enforcement or modification of an order relating to the support of a childissued by a court other than a court of this state, the provision of thischapter does not apply to the order. The enforcement and any modification ofsuch an order must comply with the provisions of chapter130 of NRS.

(Added to NRS by 1997, 2240; A 1997, 2347)

NRS 425.350 Dutyof parent to support child; assignment of right to support upon acceptance ofassistance; appointment of Administrator as attorney-in-fact; enforceability ofdebt for support; notice of assignment.

1. A parent has duties to support his childrenwhich include any duty arising by law or under a court order.

2. If a court order specifically provides that nosupport for a child is due, the order applies only to those facts upon whichthe decision was based.

3. By accepting assistance in his own behalf or inbehalf of any other person, the applicant or recipient shall be deemed to havemade an assignment to the Division of all rights to support from any otherperson which the applicant or recipient may have in his own behalf or in behalfof any other member of the family for whom the applicant or recipient isapplying for or receiving assistance. Except as otherwise required by federallaw or as a condition to the receipt of federal money, rights to supportinclude, but are not limited to, accrued but unpaid payments for support andpayments for support to accrue during the period for which assistance isprovided. The amount of the assigned rights to support must not exceed theamount of public assistance provided or to be provided. If a court order existsfor the support of a child on whose behalf public assistance is received, theDivision shall attempt to notify a located responsible parent as soon aspossible after assistance begins that the child is receiving public assistance.If there is no court order for support, the Division shall with service ofprocess serve notice on the responsible parent in the manner prescribed insubsection 2 of NRS 425.3822 within 90days after the date on which the responsible parent is located.

4. The recipient shall be deemed, without thenecessity of signing any document, to have appointed the Administrator as hisattorney-in-fact with power of substitution to act in his name and to endorseall drafts, checks, money orders or other negotiable instruments representingpayments for support which are received as reimbursement for the publicassistance previously paid to or on behalf of each recipient.

5. The rights of support assigned under subsection 3constitute a debt for support owed to the Division by the responsible parent.The debt for support is enforceable by any remedy provided by law. TheDivision, through the prosecuting attorney, may also collect payments ofsupport when the amount of the rights of support exceeds the amount of the debtfor support.

6. The assignment provided for in subsection 3 isbinding upon the responsible parent upon service of notice of the assignment.After notification, payments by the responsible parent to anyone other than theDivision 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 tothe responsible parent at his last known address;

(b) Service of the notice in the manner provided forservice 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 Debtfor support: Payment of public assistance creates debt; amount of debt;Division entitled to reimbursement for assistance paid; when debt not incurred.

1. Any payment of public assistance pursuant to thischapter creates a debt for support to the Division by the responsible parent,whether or not the parent received prior notice that his child was receivingpublic assistance.

2. The Division is entitled to the amount to which adependent child or a person having the care, custody and control of a dependentchild would have been entitled for support, to the extent of the assignment ofthose rights to support pursuant to NRS425.350, and may prosecute or maintain any action for support or executeany administrative remedy existing under the laws of this state to obtainreimbursement of money expended for public assistance from any liable thirdparty, including an insurer, group health plan as defined in section 607(1) ofthe Employee Retirement Income Security Act of 1974 (29 U.S.C.A. 1167(1)),service benefit plan, or health maintenance organization. If a court enters judgmentfor an amount of support to be paid by a responsible parent, the Division isentitled to the amount of the debt created by that judgment to the extent ofthe assignment of rights to support pursuant to NRS 425.350, and the judgment awarded shallbe deemed to be in favor of the Division to that extent. This entitlementapplies to, but is not limited to, a temporary order for spousal support, afamily maintenance order or an alimony order, whether or not allocated to thebenefit of the child on the basis of providing necessaries for the caretaker ofthe child, up to the amount paid by the Division in public assistance to or forthe benefit of a dependent child. The Division may petition the appropriatecourt for modification of its order on the same grounds as a party to theaction.

3. If there is no court order for support, or if theorder provides that no support is due but the facts on which the order wasbased 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 parentcannot be otherwise ascertained.

4. Debts for support may not be incurred by a parentor any other person who is the recipient of public assistance for the benefitof a dependent child for the period when the parent or other person is arecipient.

(Added to NRS by 1977, 721; A 1981, 353; 1985, 1433;1987, 2254; 1995, 2425; 1997, 2247)

NRS 425.363 StateChild Support Disbursement Fund: Creation; deposits in Fund; use of money inFund.

1. The State Child Support Disbursement Fund is herebycreated as an agency fund, to be administered by the Chief. All money collectedor otherwise received by the enforcing authority to carry out the provisions of42 U.S.C. 654b must be deposited in the Fund. The Fund is a continuing fundwithout reversion. Any interest and income earned on the money in the Fundmust, after deducting any applicable charges, be credited to the Fund.

2. If a check which is accepted for deposit in theFund is dishonored upon presentation for payment:

(a) The amount of the check must be charged against theFund; and

(b) The enforcing authority shall comply withsubsection 2 of NRS 425.410.

3. The money in the Fund must be used to carry out theprovisions of 42 U.S.C. 654b.

(Added to NRS by 1999, 823)

NRS 425.365 Authorityof Administrator to adopt regulations and carry out chapter. The Administrator may adopt such regulations and take suchactions as are necessary to carry out the provisions of this chapter.

(Added to NRS by 1997, 2240)

NRS 425.370 Dutyof Division and prosecuting attorney to carry out Program.

1. Whenever the Division provides public assistance onbehalf of a child, the Division and the prosecuting attorney shall takeappropriate action to carry out the Program with regard to that child.

2. As to any other child, the Division and theprosecuting attorney shall, when such action is required by the Social SecurityAct (42 U.S.C. 301 et seq.), take appropriate action to carry out theProgram.

(Added to NRS by 1977, 721; A 1997, 2247)

NRS 425.380 Establishmentof paternity and enforcement of support: Duty of district attorney; authorityof Attorney General.

1. The district attorney is responsible forestablishing paternity and securing support pursuant to this chapter in cases referredby the Division.

2. The Attorney General may assist any districtattorney upon request.

3. If a district attorney fails or refuses to performthis duty in a particular case in which assistance is granted, or in which theestablishment of paternity or enforcement of support is required, the AttorneyGeneral may undertake to perform this duty and may exercise in connectiontherewith 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 thissection.

2. The district judges of:

(a) The Family Court of the Second Judicial Districtshall appoint the masters for that District, and shall establish thequalifications and duties of those masters; and

(b) The Family Court of the Eighth Judicial Districtshall appoint the masters for that District, and shall establish thequalifications and duties of those masters.

3. The district judges of the remaining judicialdistricts shall appoint the masters for those districts, and shall establishthe qualifications and duties of those masters.

4. A master serves at the pleasure of the districtjudges who appointed him.

(Added to NRS by 1991, 1031; A 1993, 483, 487)

NRS 425.382 Authorityof Chief and master.

1. Except as otherwise provided in NRS 425.346, the Chief may proceed pursuantto 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 theProgram.

2. Subject to approval by the district court, a mastermay:

(a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actionsdescribed 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 supportof a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

(2) Require coverage for health care of a dependentchild;

(3) Establish paternity;

(4) Order a responsible parent to comply with anorder for the support of a dependent child, specifying the amount and themanner of compliance;

(5) Order the withholding of income;

(6) Determine the amount of any arrearages andspecify a method of payment;

(7) Enforce orders by civil or criminalcontempt, or both;

(8) Set aside property for satisfaction of anorder for the support of a dependent child;

(9) Place liens and order execution on theproperty of the responsible parent;

(10) Order a responsible parent to keep themaster informed of his current residential address, telephone number, employer,address of employment and telephone number at the place of employment;

(11) Issue a bench warrant for a responsibleparent who has failed after proper notice to appear at a hearing ordered by themaster and enter the bench warrant in any local and state computer system forcriminal warrants;

(12) Order the responsible parent to seekappropriate employment by specified methods;

(13) Upon the request of the Division, require aresponsible parent to:

(I) Pay any support owed in accordancewith 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 deemsappropriate;

(14) Award reasonable attorneys fees and otherfees and costs; and

(15) Grant any other available remedy.

(Added to NRS by 1989, 1641; A 1991, 1031; 1993, 487,2067; 1997, 2248, 2249)

NRS 425.3822 Noticeand finding of financial responsibility: Issuance; service.

1. If there is no court order concerning thesupport of a child entered against the parent from whom support is sought, theChief may issue a notice and finding of financial responsibility after theDivision:

(a) Makes a payment of public assistance; or

(b) Receives a request for services to carry out theProgram.

2. The notice must be served upon the parent in themanner prescribed for service of summons in a civil action or by certifiedmail, restricted delivery, with return receipt requested.

(Added to NRS by 1989, 1634; A 1991, 1338; 1995,2425; 1997, 2250)

NRS 425.3824 Noticeand finding of financial responsibility: Contents; conference; hearing.

1. The notice and finding of financialresponsibility issued pursuant to NRS425.3822 must include:

(a) The name of the person who has physical custody ofthe dependent child and the name of the child for whom support is to be paid.

(b) A statement of the monthly support for which theparent is responsible.

(c) A statement of the amount of arrearages sought, ifany.

(d) A statement that the parent may be required toprovide coverage for the health care of the dependent child when coverage isavailable to the parent at a reasonable cost.

(e) A statement of any requirements the Division willrequest pursuant to subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for thepayment of support by the parent or the participation of the parent in workactivities.

(f) A statement that if the parent desires to discussthe amount of support or coverage for health care that the parent should berequired to pay or provide, the parent may contact the office that sent thenotice within 20 days after the date of receipt of service and request aconference for negotiation.

(g) A statement that if the parent objects to any partof the notice and finding of financial responsibility, the parent must send tothe office that issued the notice a written response within 20 days after thedate of receipt of service that sets forth any objections and requests ahearing.

(h) A statement that if a response is received withinthe specified period, the parent is entitled to a hearing and that if a writtenresponse is not received within the specified period, the master may enter arecommendation for support of a dependent child in accordance with the noticeand finding of financial responsibility.

(i) A statement that as soon as the recommendation isentered and approved by the court, the property of the parent is subject to anattachment or other procedure for collection, including, but not limited to,withholding of wages, garnishment, liens and execution on liens.

(j) A reference to NRS425.382 to 425.3852, inclusive.

(k) A statement that the parent is responsible fornotifying 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 findsappropriate.

2. The statement of the monthly support requiredpursuant to paragraph (b) of subsection 1 must be computed in accordance with NRS 125B.070.

3. After a conference for negotiation is held pursuantto paragraph (f) of subsection 1, if an agreement is not reached on the monthlysupport to be paid or the coverage to be provided, a hearing must be heldpursuant to NRS 425.3832 and notice ofthe hearing must be sent to the parent by regular mail at his last known addressor to the last known address of his attorney.

(Added to NRS by 1989, 1634; A 1991, 1032; 1993, 487;1997, 2250, 2251)

NRS 425.3826 Noticeand finding of financial responsibility: Additional requirements when paternityhas not been legally established. If thepaternity of the dependent child has not been legally established and a noticeand 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 thedependent 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 tookplace.

6. A statement that if the alleged parent does notsend to the office issuing the notice and finding of financial responsibility awritten response that denies paternity and requests a hearing, within thespecified period, the master, without further notice to the alleged parent, mayenter a recommendation that declares and establishes the person as the legal parentof the child.

(Added to NRS by 1989, 1635; A 1991, 1033; 1993, 487)

NRS 425.3828 Hearingrequired 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 andrequesting a hearing is received by the office issuing the notice and findingof financial responsibility within the specified period, a hearing must be heldpursuant to NRS 425.3832 and notice ofthe hearing must be sent to the parent by regular mail.

2. If a written response and request for hearing isnot received by the office issuing the notice and finding of financialresponsibility within the specified period, the master may enter arecommendation for the support of a dependent child in accordance with thenotice and shall:

(a) Include in that recommendation:

(1) If the paternity of the dependent child isestablished 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 beprovided for the dependent child.

(5) Any requirements to be imposed pursuant tosubparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for thepayment of support by the parent or the participation of the parent in workactivities.

(6) The names of the parents or legal guardiansof the child.

(7) The name of the person to whom, and the nameand date of birth of the dependent child for whom support is to be paid.

(8) A statement that the property of the parentis subject to an attachment or other procedure for collection, including, butnot limited to, withholding of wages, garnishment, liens and execution onliens.

(9) A statement that objections to therecommendation may be filed with the district court and served upon the otherparty within 10 days after receipt of the recommendation.

(b) Ensure thatthe social security numbers of the parents or legal guardians of the child andthe person to whom support is to be paid are:

(1) Providedto the enforcing authority.

(2) Placedin the records relating to the matter and, except as otherwise required tocarry out a specific statute, maintained in a confidential manner.

3. The parent must be sent a copy of therecommendation for the support of a dependent child by regular mail addressedto the last known address of the parent, or if applicable, the last knownaddress of the attorney for the parent.

4. The recommendation for the support of a dependentchild is final upon approval by the district court pursuant to NRS 425.3844. The Chief may take action toenforce and collect upon the order of the court approving the recommendation, includingarrearages, from the date of the approval of the recommendation.

5. If a written response and request for hearing isnot received by the office issuing the notice and finding of financialresponsibility within the specified period, and the master enters arecommendation for the support of a dependent child, the court may grant relieffrom the recommendation on the grounds set forth in paragraph (b) of Rule 60 ofthe Nevada Rules of Civil Procedure.

(Added to NRS by 1989, 1636; A 1991, 1033; 1993, 487;1997, 2252, 2253; 1999,2682)

NRS 425.383 Modificationor adjustment of order for support.

1. After the entry of a recommendation for the supportof a dependent child by the master that has been approved by the districtcourt, or after entry of an order for the support of a dependent child by adistrict court regarding which the Chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, the responsibleparent, the person entitled to support or the enforcing authority may move forthe amount of the child support being enforced to be modified or adjusted inaccordance with NRS 125B.145.

2. The motion must:

(a) Be in writing.

(b) Set out the reasons for the modification oradjustment.

(c) State the address of the moving party.

(d) Be served by the moving party upon the responsibleparent or the person entitled to support, as appropriate, by first-class mailto the last known address of that person.

3. The moving party shall mail or deliver a copy ofthe motion and the original return of service to the Chief.

4. The Chief shall set the matter for a hearing within30 days after the date of receipt of the motion unless a stipulated agreementbetween the parties is reached. The Chief shall send to the parties and personwith physical custody of the dependent child a notice of the hearing byfirst-class mail to the last known address of those persons.

5. A motion for modification or adjustment requestedpursuant to this section does not prohibit the Chief from enforcing andcollecting upon the existing order for support of a dependent child unless soordered by the district court.

6. The only support payments that may be modified oradjusted pursuant to this section are monthly support payments that:

(a) A court of this state has jurisdiction to modifypursuant to chapter 130 of NRS; and

(b) Accrue after the moving party serves notice that amotion has been filed for modification or adjustment.

7. The party requesting the modification or adjustmenthas the burden of showing a change of circumstances and good cause for themodification or adjustment, unless the request is filed in accordance withsubsection 1 of NRS 125B.145.

(Added to NRS by 1989, 1636; A 1991, 1034; 1993, 487;1997, 2254, 2255)

NRS 425.3832 Hearings:Procedure; subpoenas; compensation of witnesses; evidence.

1. Except as otherwise provided in thischapter, a hearing conducted pursuant to NRS425.382 to 425.3852, inclusive,must be conducted in accordance with the provisions of this section by aqualified master appointed pursuant to NRS425.381.

2. Subpoenas may be issued by:

(a) The master.

(b) The attorney of record for the office.

Obedience tothe subpoena may be compelled in the same manner as provided in chapter 22 of NRS. A witness appearing pursuantto a subpoena, other than a party or an officer or employee of the Chief, isentitled to receive the fees and payment for mileage prescribed for a witnessin a civil action.

3. Except as otherwise provided in this section, themaster need not observe strict rules of evidence, but shall apply those rulesof evidence prescribed in NRS 233B.123.

4. The affidavit of any party who resides outside ofthe judicial district is admissible as evidence regarding the duty of support,any arrearages and the establishment of paternity. The master may continue thehearing to allow procedures for discovery regarding any matter set forth in theaffidavit.

5. The physical presence of a person seeking theestablishment, enforcement, modification or adjustment of an order for thesupport of a dependent child or the establishment of paternity is not required.

6. A verified petition, an affidavit, a documentsubstantially complying with federally mandated forms and a documentincorporated by reference in any of them, not excluded under NRS 51.065 if given in person, isadmissible in evidence if given under oath by a party or witness residingoutside of the judicial district.

7. A copy of the record of payments for the support ofa dependent child, certified as a true copy of the original by the custodian ofthe record, may be forwarded to the master. The copy is evidence of factsasserted therein and is admissible to show whether payments were made.

8. Copies of bills for testing for paternity, and forprenatal and postnatal health care of the mother and child, furnished to theadverse party at least 20 days before the hearing, are admissible in evidenceto prove the amount of the charges billed and that the charges were reasonable,necessary and customary.

9. Documentary evidence transmitted from outside ofthe judicial district by telephone, telecopier or other means that do notprovide an original writing may not be excluded from evidence on an objectionbased on the means of transmission.

10. The master may permit a party or witness residingoutside of the judicial district to be deposed or to testify by telephone,audiovisual means or other electronic means before a designated court or atanother location outside of the judicial district. The master shall cooperatewith courts outside of the judicial district in designating an appropriatelocation for the deposition or testimony.

11. If a party called to testify at a hearing refusesto answer a question on the ground that the testimony may beself-incriminating, the master may draw an adverse inference from the refusal.

12. A privilege against the disclosure ofcommunications between husband and wife does not apply.

13. The defense of immunity based on the relationshipof husband and wife or parent and child does not apply.

(Added to NRS by 1989, 1637; A 1991, 1034; 1993, 487;1997, 2256)

NRS 425.3834 Enforcementof order approving recommendation for support; judicial review; effect ofrecommendation during judicial review.

1. Upon issuance by a district court of anorder approving a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, the Chief shallenforce 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 uponapproval by the district court pursuant to NRS425.3844. Upon such approval, the recommendation is in full force andeffect while any judicial review is pending unless the recommendation is stayedby the district court.

3. The district court may review, pursuant to therules adopted therefor by the district judges of the judicial district in whichthe court is located, a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive.

(Added to NRS by 1989, 1637; A 1991, 1035; 1993, 483,487; 1997, 2257)

NRS 425.3835 Courtprohibited from staying proceeding or refusing hearing in certaincircumstances; court required to hold hearing; court authorized to issuesupport order pendente lite. Except asotherwise required by the provisions of this chapter, a court of this state:

1. Shall not stay a proceeding or refuse a hearingpursuant to NRS 425.382 to 425.3852, inclusive, because of anypending 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 asupport order pendente lite and, in aid thereof, require the obligor to give abond for the prompt prosecution of the pending proceeding.

(Added to NRS by 1999, 169)

NRS 425.3836 Noticeof intent to enforce court order for support; hearing; issuance ofrecommendation for support; effect of approval of recommendation; effect ofnoncompliance with order.

1. After the issuance of an order for the support of adependent child by a court, the Chief may issue a notice of intent to enforcethe order. The notice must be served upon the responsible parent in the mannerprescribed for service of summons in a civil action or mailed to theresponsible parent by certified mail, restricted delivery, with return receiptrequested.

2. The notice must include:

(a) The names of the person to whom support is to bepaid and the dependent child for whom support is to be paid.

(b) The amount of monthly support the responsibleparent is required to pay by the order for support.

(c) A statement of the arrearages owed pursuant to theorder for support.

(d) A demand that the responsible parent make fullpayment to the enforcing authority within 14 days after the receipt or serviceof the notice.

(e) A statement that the responsible parent may berequired to provide coverage for the health care of the dependent child whencoverage is available to the parent at a reasonable cost.

(f) A statement of any requirements the Division willrequest pursuant to subparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for thepayment of support by the responsible parent or the participation of theresponsible parent in work activities.

(g) A statement that if the responsible parent objectsto any part of the notice of intent to enforce the order, he must send to theoffice that issued the notice a written response within 14 days after the dateof receipt of service that sets forth any objections and includes a request fora hearing.

(h) A statement that if full payment is not receivedwithin 14 days or a hearing has not been requested in the manner provided inparagraph (g), the Chief is entitled to enforce the order and that the propertyof the responsible parent is subject to an attachment or other procedure forcollection, including, but not limited to, withholding of wages, garnishment,liens and execution on liens.

(i) A reference to NRS425.382 to 425.3852, inclusive.

(j) A statement that the responsible parent isresponsible for notifying the office of any change of address or employment.

(k) A statement that if the responsible parent has anyquestions, he may contact the appropriate office or consult an attorney.

(l) Such other information as the Chief findsappropriate.

3. If a written response setting forth objections andrequesting a hearing is received within the specified period by the officeissuing the notice of intent to enforce the order, a hearing must be heldpursuant to NRS 425.3832 and notice ofthe hearing must be sent to the responsible parent by regular mail. If a writtenresponse and request for hearing is not received within the specified period bythe office issuing the notice, the master may enter a recommendation for thesupport of a dependent child in accordance with the notice and shall include inthat 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 ofpayment.

(c) Whether coverage for health care must be providedfor the dependent child.

(d) Any requirements to be imposed pursuant tosubparagraph (13) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for thepayment of support by the parent or the participation of the parent in workactivities.

(e) A statement that the property of the parent issubject to an attachment or other procedure for collection, including, but notlimited to, the withholding of wages, garnishment, liens and execution onliens.

4. After the district court approves therecommendation for the support of a dependent child, the recommendation isfinal. The Chief may take action to enforce and collect upon the order of thecourt approving the recommendation, including arrearages, from the date of theapproval of the recommendation.

5. This section does not prevent the Chief from usingother available remedies for the enforcement of an obligation for the supportof a dependent child at any time.

6. The master may hold a hearing to enforce arecommendation for the support of a dependent child after the recommendationhas been entered and approved by the district court. The master may enter afinding that the parent has not complied with the order of the court and mayrecommend to the district court that the parent be held in contempt of court.The finding and recommendation is effective upon review and approval of thedistrict court.

(Added to NRS by 1989, 1638; A 1991, 1035; 1993, 487;1997, 2257, 2259)

NRS 425.3838 Establishmentof paternity: Procedure when paternity not disputed.

1. The master may enter a recommendation establishingthe paternity of a child during a proceeding concerning the support of adependent child pursuant to NRS 425.382to 425.3852, inclusive, if both parentssign affidavits or other sworn statements that paternity has not been legallyestablished and that the male parent is the father of the child.

2. If there is only one alleged father and he does notfile a response that denies paternity and requests a hearing within the periodallowed in paragraph (g) of subsection 1 of NRS425.3824, the master, without further notice to the alleged father, mayenter a recommendation in accordance with NRS425.3828 that declares and establishes the alleged father as the legalfather of the child.

3. Any recommendation entered pursuant to subsection 1or 2 and approved by the district court establishes legal paternity of thedependent child for all purposes.

(Added to NRS by 1989, 1639; A 1991, 1036; 1993, 487;1997, 2261)

NRS 425.384 Establishmentof paternity: Procedure when paternity is disputed.

1. The master shall order blood tests or tests for thegenetic identification of the child, mother and alleged father if such testsare not ordered pursuant to NRS 425.490and:

(a) Paternity is alleged pursuant to NRS 425.3826 and a written response denyingpaternity and requesting a hearing is received by the Chief within the period allowedin paragraph (g) of subsection 1 of NRS425.3824;

(b) Any person alleges that more than one person may bethe father of the child and none of the persons alleged to be the fatheracknowledges paternity of the child; or

(c) The master determines that there is a valid issueconcerning the paternity of the child.

The Divisionshall pay the costs of any tests conducted pursuant to this section. If thedistrict court approves a recommendation establishing the paternity of a childpursuant to NRS 425.3844, the fathershall reimburse the Division for the costs of those tests.

2. If settlement is not made after the master examinesthe results of the blood tests or tests for genetic identification conductedpursuant to this section or NRS 425.490,the master shall make a determination of paternity based upon the evidencepresented to him.

(Added to NRS by 1989, 1639; A 1991, 1037; 1993, 487;1997, 2261)

NRS 425.3841 Establishmentof paternity: Recommendation for temporary support pending resolution ofproceedings. Upon the motion of a party in aproceeding to establish paternity, the master shall issue a recommendation forthe temporary support of the dependent child pending the resolution of theproceedings if the master determines that there is clear and convincingevidence that the person to whom the recommendation is issued is the father ofthe child.

(Added to NRS by 1997, 2240)

NRS 425.3844 Recommendationentered by master: Notification of parties; objection to recommendation;judicial review; approval and filing; effect upon filing.

1. A recommendation entered by a masterpursuant to NRS 425.382 to 425.3852, inclusive, including arecommendation establishing paternity, must be furnished to each party or hisattorney at the conclusion of the proceedings or as soon thereafter aspossible.

2. Within 10 days after receipt of the recommendation,any party may file with the district court and serve upon the other parties anotice of objection to the recommendation. The notice must include:

(a) A copy of the masters recommendation;

(b) The results of any blood tests or tests for geneticidentification examined by the master;

(c) A concise statement setting forth the reasons thatthe party disagrees with the masters recommendation, including any affirmativedefenses 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 responsibilityif the Chief issued such a notice and finding; and

(f) Any other relevant documents.

3. The district court shall:

(a) If a notice of objection is not filed, accept therecommendation entered by the master, including a recommendation establishingpaternity, unless clearly erroneous, and judgment may be entered thereon; or

(b) If a notice of objection is filed within the 10-dayperiod, review the matter pursuant to NRS425.3834.

4. A party who receives a notice of objection pursuantto subsection 2 is not required to file an answer to that notice. The districtcourt shall review each objection contained in the notice.

5. If a notice of objection includes an objection to arecommendation establishing paternity, the enforcement of any obligation forthe support of the child recommended by the master must, upon the filing andservice of the notice, be stayed until the district court rules upon thedetermination of paternity. The obligation for the support of the childcontinues to accrue during the consideration of the determination of paternityand must be collected as arrears after the completion of the trial if the courtapproves the recommendation of the master.

6. If a recommendation entered by a master pursuant toNRS 425.382 to 425.3852, inclusive, including arecommendation establishing paternity, modifies or adjusts a previous order forsupport issued by any district court in this state, that district court shallreview the recommendation and approve or reject the recommendation issued bythe master.

7. Upon approval by the district court of arecommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including arecommendation establishing paternity, a copy of the recommendation, with theapproval 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 therecommendation of the master modifies or adjusts a previous order issued by anydistrict court in this state, with the original order in the office of theclerk of that district court; and

(c) With any court that conducts a proceeding relatedthereto pursuant to the provisions of chapter 130of NRS.

8. A district court that approves a recommendationpursuant to this section shall ensure that, before the recommendation is filedpursuant to subsection 7, the social security numbers of the parents or legalguardians of the child are:

(a) Provided to the enforcing authority.

(b) Placed in the records relating to the matter and,except as otherwise required to carry out a specific statute, maintained in aconfidential manner.

9. Upon the approval and filing of the recommendationas provided in subsection 7, the recommendation has the force, effect andattributes of an order or decree of the district court, including, but notlimited to, enforcement by supplementary proceedings, contempt of courtproceedings, writs of execution, liens and writs of garnishment.

(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 484,487; 1997, 2262; 1999,2683)

NRS 425.3846 Enforcementof support in accordance with chapter 31A of NRS. In addition to any other remedy provided by law for theenforcement of support, if a recommendation for support of a dependent childhas been entered by the master, approved by the district court and filed, theChief may proceed in accordance with the provisions of chapter 31A of NRS.

(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 487)

NRS 425.3848 Disposalof property by parent: Temporary restraining order; bond; notice of lispendens.

1. If at any time after service, receipt or refusal ofa notice pursuant to NRS 425.3824 andbefore the filing of an order for support of a dependent child, the Chiefreasonably believes that the parent is about to transfer, encumber, convey,sell, remove, secrete, waste or otherwise dispose of property that could bemade 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 directsthat the property not be disposed of pending entry of an order for support of adependent child by the district court.

2. The Chief shall file an affidavit in the caserecord that:

(a) States the reasons he believes the parent is aboutto dispose of the property; and

(b) Includes a legal description of the property.

3. If the parent furnishes a good and sufficient bondthat is satisfactory to the court, the temporary restraining order must bevacated.

4. A certified copy of an order entered pursuant tothis section may be recorded in the same manner as a notice of lis pendenspursuant to paragraph (h) of subsection 1 of NRS247.120.

(Added to NRS by 1989, 1640)

NRS 425.385 Certificationof complex issues to district court; temporary support. Notwithstanding any other provision of this chapter, themaster may certify a proceeding to establish an order for support of adependent child or arrearages to the district court if the issues are complexor beyond the competence of the master. The master shall enter a temporaryrecommendation for support in such cases. The temporary support must be paid tothe 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 Certificationof proceeding to district court: Representation of public interests;presentation of case.

1. In a proceeding certified to the district courtpursuant to the provisions of NRS 425.3848or 425.385, the interests of the publicmust be represented by the district attorney of the county in which thedistrict court sits.

2. Except as otherwise provided in subsection 1, thecase may be presented by an employee of the Program or the office of thedistrict attorney.

(Added to NRS by 1989, 1641; A 1997, 2263)

NRS 425.3855 Social security numbers of parents orlegal guardians of child: Court entering order to ensure provision to enforcingauthority; court entering order to ensure placement in records. A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, or an order approvinga recommendation for the support of a dependent child made by a master shallensure that the social security numbers of the parents or legal guardians ofthe child are:

1. Provided tothe enforcing authority.

2. Placed in the records relating to the matter and,except as otherwise required to carry out a specific statute, maintained in aconfidential manner.

(Added to NRS by 1997, 2244; A 1999, 169, 2684, 2685; 2001, 195)

COLLECTION, DISSEMINATION AND USE OF INFORMATION

NRS 425.390 Statementof responsible parent concerning ability to support child: Contents; additionalstatements; penalties.

1. The responsible parent of a legitimate child or achild whose paternity has been judicially determined shall complete a written statement,under oath, of:

(a) His current monthly income and his total incomeover the past 12 months;

(b) The number of dependents for whom he is providingsupport;

(c) The amount which he is contributing regularlytoward the support of any child for whom assistance is granted;

(d) His current monthly living expenses; and

(e) Such other information as is pertinent todetermining his ability to support his children.

2. The statement must be provided upon demand made bythe Division, any agent of the state who enforces an order for the support of achild or a prosecuting attorney. Additional statements must be filed wheneverthere is a material change in the information given in the statement requiredunder this section.

3. Failure of the responsible parent to comply fullywith this section is a misdemeanor.

4. Any responsible parent who swears falsely to amaterial fact in any written statement required by this section is guilty ofperjury.

(Added to NRS by 1977, 722; A 1987, 2269)

NRS 425.393 Authorityof Chief to request information to carry out chapter; compliance with request.

1. The Chief may request the followinginformation to carry out the provisions of this chapter:

(a) The records of the following public officers andstate, county and local agencies:

(1) The State Registrar of Vital Statistics;

(2) Agencies responsible for maintaining recordsrelating to state and local taxes and revenue;

(3) Agencies responsible for keeping recordsconcerning real property and personal property for which a title must beobtained;

(4) All boards, commissions and agencies thatissue occupational or professional licenses, certificates or permits;

(5) The Secretary of State;

(6) The Employment Security Division of theDepartment 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 otheragencies that maintain records of criminal history.

(b) The names and addresses of:

(1) The customers of public utilities andcommunity antenna television companies; and

(2) The employers of the customers described insubparagraph (1).

(c) Information in the possession of financialinstitutions relating to the assets, liabilities and any other details of thefinances of a person.

(d) Information in the possession of a public orprivate employer relating to the employment, compensation and benefits of aperson employed by the employer as an employee or independent contractor.

2. If a person or other entity fails to supply theinformation requested pursuant to subsection 1, the Administrator may issue asubpoena to compel the person or entity to provide that information. A personor entity who fails to comply with a request made pursuant to subsection 1 issubject to a civil penalty not to exceed $500 for each failure to comply.

3. A disclosure made in good faith pursuant tosubsection 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)

NRS 425.395 Submissionto Division of information regarding holders of certain licenses, certificatesor permits; dissemination of information. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. A governmental entity which issues a license to dobusiness in this state shall, upon request of the Division, submit to theDivision information regarding the name, address and social security number ofeach natural person who holds such a license and any pertinent changes in thatinformation.

2. A board or commission which issues occupational orprofessional licenses, certificates or permits pursuant to title 54 of NRSshall, upon request of the Division, submit to the Division informationregarding the name, address and social security number of each person who holdssuch a license, certificate or permit and any pertinent changes in thatinformation.

3. The Division shall periodically provide theinformation obtained pursuant to this section and NRS 488.078, 502.063, 503.5833,504.393 and 505.025 to the district attorneys and otherpublic 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 informationregarding holders of certain licenses, certificates or permits; disseminationof information. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. A governmental entity which issues a license to dobusiness in this state shall, upon request of the Division, submit to theDivision information regarding the name, address and social security number ofeach natural person who holds such a license and any pertinent changes in thatinformation.

2. A board or commission which issues occupational orprofessional licenses, certificates or permits pursuant to title 54 of NRSshall, upon request of the Division, submit to the Division informationregarding the name, address and social security number of each person who holdssuch a license, certificate or permit and any pertinent changes in thatinformation.

3. The Division shall periodically provide theinformation obtained pursuant to this section to the district attorneys andother public agencies in this state collecting support for children.

(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.397 Useof information received regarding holders of certain licenses, certificates orpermits; notification that holder is in arrears in payment of support.

1. Each district attorney or other public agency inthis state collecting support for children shall compare the informationreceived pursuant to NRS 425.395 againstits 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 shallnotify each person so identified, by first-class mail, to give him anopportunity to satisfy the claim before notice is given to the issuer of thelicense, certificate or permit of the arrearage.

3. If the person does not satisfy the arrearage, thedistrict attorney or other public agency shall report the fact of the arrearageto the issuer of the license, certificate or permit. The Division shallsimilarly notify the issuer of the license, certificate or permit when theperson 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 Registryof information concerning responsible parents: Establishment; requests forinformation and assistance; failure to comply with request; disclosure ofinformation.

1. The Division may establish a central unit toserve as a registry for the receipt of information, for answering inquiriesconcerning responsible parents, to coordinate and supervise departmentalactivities in relation to responsible parents and to ensure effectivecooperation with law enforcement agencies.

2. To effectuate the purposes of this section, theAdministrator or a prosecuting attorney may, in addition to the information theChief is authorized to request pursuant to NRS425.393, request all information and assistance as authorized by thischapter 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 inthe business of providing credit reports; and

(e) Public utilities.

3. The persons and entities described in subsection 2and their officers and employees shall:

(a) Cooperate in the location of a responsible parentwho has abandoned or deserted, or is failing to support his child; and

(b) Upon the request of the Division or the prosecutingattorney, provide all information on hand relative to the location, income andproperty of such a parent.

4. A disclosure made in good faith pursuant tosubsection 3 does not give rise to any action for damages for the disclosure.

5. If a person or other entity fails to supply theinformation requested pursuant to subsection 2, the Administrator orprosecuting attorney may issue a subpoena to compel the person or entity toprovide that information. A person or entity that fails to comply with arequest made pursuant to subsection 2 is subject to a civil penalty not toexceed $500 for each failure to comply.

6. Any record established pursuant to the provisionsof this section is available only to:

(a) The Attorney General;

(b) A district attorney;

(c) A court having jurisdiction in a paternity, supportor abandonment proceeding or action;

(d) The resident parent, legal guardian, attorney oragent of a child who is not receiving Temporary Assistance for Needy Familiespursuant 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 orany other state as authorized by regulations of the Division adopted inaccordance 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 Adoptionand enforcement of regulations for protection of privacy.

1. The Administrator shall adopt suchregulations as are required pursuant to Title IV of the Social Security Act (42U.S.C. 601 et seq.), either directly or as a condition to the receipt offederal money, to:

(a) Protect the privacy of persons involved in anyaction or proceeding for the establishment of paternity or the establishment orenforcement 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 bythe enforcing authority in the course of such an action or proceeding orotherwise pursuant to this chapter.

2. The regulations adopted pursuant to this sectionmust include, without limitation:

(a) Safeguards against the unauthorized use ordisclosure of information relating to such an action or proceeding.

(b) Prohibitions against the release of informationregarding the location of a party to such an action or proceeding to anotherparty:

(1) Against whom a protective order with respectto the former party has been entered; or

(2) If the enforcing authority has reason tobelieve that the release of the information may result in physical or emotionalharm to the former party.

3. Each enforcing authority shall comply with andenforce the regulations adopted pursuant to this section.

(Added to NRS by 1997, 2240)

ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT

NRS 425.410 Paymentof support through enforcing authority; collection and use of damages for dishonoredcheck, 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 paidto the enforcing authority upon written notice by the enforcing authority tothe responsible parent and the person who cares for and has custody and controlof the dependent child for whom a support obligation exists that the child isreceiving public assistance, or that the enforcing authority has undertaken tosecure support for the child for whom a support obligation exists.

2. If a responsible parent makes, utters, draws ordelivers to the enforcing authority a check, draft or extension of credit forthe payment of support money that is drawn upon any financial institution orother person when the responsible parent has no account with the drawee of thecheck or draft or the issuer of the credit or has insufficient money, propertyor credit with the drawee or issuer to pay the amount of the check, draft orextension of credit, the enforcing authority shall mail to the responsibleparent, by certified mail, a demand for cash payment in the amount of thecheck, draft or extension of credit. If the responsible parent does not pay theamount demanded by the enforcing authority within 30 days after the demand ismailed by the enforcing authority, the enforcing authority may initiate anaction to collect damages from the responsible parent pursuant to NRS 41.620.

3. Any damages collected pursuant to subsection 2 thatexceed the amount of the check, draft or extension of credit that was thesubject of the action must be used to offset the costs of operating theProgram.

(Added to NRS by 1977, 721; A 1997, 2265)

NRS 425.420 Depositof certain receipts in State General Fund. Exceptas otherwise required to carry out the provisions of 42 U.S.C. 654b, allmoney collected in fees, costs, attorneys fees, interest payments, incentivepayments or other payments received by the Administrator which cannot beidentified as to the support account to which it should be credited, must bedeposited in the State General Fund.

(Added to NRS by 1977, 721; A 1999, 823)

NRS 425.430 Distributionof money recovered by enforcing authority. Exceptas otherwise provided in subsection 3 of NRS425.410, any money recovered by the enforcing authority under this chaptermust be distributed pursuant to regulations adopted by the Division which mustnot disqualify this state for federal grants under Title IV of the SocialSecurity Act (42 U.S.C. 601 et seq.).

(Added to NRS by 1977, 722; A 1997, 2266)

NRS 425.440 Uncollectibledebt for support. Any support debt due theDivision from a responsible parent which the Administrator deems uncollectiblemay be transferred from accounts receivable to a suspense account and cease tobe accounted as an asset. At any time after 1 year from the date a support debtwas incurred, the Administrator may charge off as uncollectible any supportdebt upon which the Administrator finds there is no available, practical orlawful means by which the debt may be collected.

(Added to NRS by 1977, 722)

NRS 425.450 Adjustmentof orders for support.

1. The Division shall adopt regulations establishing aformula for:

(a) The adjustment of court orders for the support ofchildren based upon changes in the cost of living; and

(b) The times at which such an adjustment isappropriate.

2. If a request for the review of a court order forthe support of a child has not been filed pursuant to NRS 125B.145 for such a time as theDivision establishes pursuant to subsection 1, the Chief may, as provided inthis section, order the responsible parent to pay monthly the amount he isrequired to pay pursuant to the court order plus an additional amount tocompensate for changes in the cost of living.

3. Upon request by the responsible parent, the personto whom support is owed or the enforcing authority, the Chief shall:

(a) Determine, in accordance with the formulaestablished pursuant to subsection 1, the amount of the additional payments;and

(b) Notify the responsible parent, by first-class mailto his last known address, of the amount of the additional payments and thatthe additional payments must be made within 30 days after the mailing of thenotice to the parent unless a request for a review of the court order is filedpursuant to NRS 125B.145 within thattime.

4. If a request for a review of the court order:

(a) Is filed pursuant to NRS 125B.145 within those 30 days, thecourt shall proceed pursuant to that section and the Chief shall not enter anorder pursuant to this section.

(b) Is not filed pursuant to NRS 125B.145 within those 30 days, theChief shall order the responsible parent to pay the additional amount.

5. An order entered by the Chief pursuant to thissection expires upon modification or adjustment, pursuant to NRS 125B.145, of the court order uponwhich the order entered by the Chief is based.

6. The provisions of NRS 125B.080 do not apply to the entry ofan order by the Chief pursuant to this section.

7. As used in this section, court order means anorder 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 Exchangesof data with financial institutions; encumbrance or surrender of assets ofresponsible parents held by financial institutions; financial institutions notliable for compliance; Division not liable for return of surrendered assets.

1. The Administrator shall enter intoagreements with financial institutions doing business in this state tocoordinate the development and operation of a system for matching data, usingautomated exchanges of data to the maximum extent feasible.

2. A financial institution doing business in thisstate shall:

(a) Cooperate with the Administrator in carrying outsubsection 1.

(b) Use the system to provide to the Division for eachcalendar quarter the name, address of record, social security number or othernumber assigned for taxpayer identification, and other identifying informationfor each responsible parent who maintains an account at the financial institution,as identified by the Division by name and social security number or othernumber assigned for taxpayer identification.

(c) In response to the receipt from the Division of:

(1) Notification of a lien against a responsibleparent which:

(I) Arises pursuant to NRS 125B.142; or

(II) Is entitled to full faith and creditpursuant to NRS 125B.144,

encumbersuch assets held by the financial institution on behalf of the responsibleparent as may be required by the Chief.

(2) A notice of attachment pursuant tosubsection 2 of NRS 425.470, surrenderto the Chief such assets held by the financial institution on behalf of theresponsible parent as may be required by the Chief.

(d) Except as otherwise provided in paragraph (c), inresponse to the receipt of notice of a lien which is entitled to full faith andcredit pursuant to NRS 125B.144 ornotice 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 responsibleparent as may be required to enforce the lien.

A financialinstitution doing business in this state which receives from the Division anotice of lien, notice of attachment or notice of levy on a lien is notrequired to encumber or surrender any assets received by the financialinstitution on behalf of the responsible parent after the financial institutionreceived the notice of lien, notice of attachment or notice of levy on a lien.

3. A financial institution may not be held liable inany civil or criminal action for:

(a) Any disclosure of information to the Divisionpursuant to this section.

(b) Encumbering or surrendering any assets held by thefinancial institution pursuant to this section.

(c) Any other action taken in good faith to comply withthe requirements of this section.

4. If a court issues an order to return to aresponsible parent any assets surrendered by a financial institution pursuantto subsection 2, the Division is not liable to the responsible parent for anyof those assets that have been provided to another person or agency inaccordance with the order for the payment of support.

(Added to NRS by 1997, 2241)

NRS 425.470 Collectionof arrearages in payments of support: Notification of responsible parent;authority of Chief; hearing before master.

1. The Chief shall send a notice by first-classmail to each responsible parent who is in arrears in any payment for thesupport of one or more children required pursuant to an order enforced by acourt in this state. The notice must include a statement of the amount of thearrearage and the information prescribed in subsection 2.

2. If the responsible parent does not satisfy thearrearage within 20 days after he receives the notice required by subsection 1,the Chief may, to collect the arrearage owed:

(a) Require the responsible parent to pay monthly theamount he is required to pay pursuant to the order for support plus anadditional amount to satisfy the arrearage; or

(b) Issue a notice of attachment to the financialinstitutions in which the assets of the responsible parent are held and attachand seize such assets as are necessary to satisfy the arrearage.

3. If the Chief proceeds to collect an arrearagepursuant to subsection 2, he shall notify the responsible parent of that factin writing. The notice must be sent by first-class mail.

4. The Chief shall determine the amount of anyadditional payment required pursuant to paragraph (a) of subsection 2 basedupon the amount of the arrearage owed by the responsible parent and his abilityto pay.

5. A responsible parent against whom the Divisionproceeds pursuant to subsection 2 may, within 20 days after he receives thenotice required pursuant to subsection 3, submit to the Chief a request for ahearing.

6. If a hearing is requested within the periodprescribed in subsection 5, the hearing must be held pursuant to NRS 425.3832 within 20 days after theChief receives the request. The master shall notify the responsible parent ofhis recommendation or decision at the conclusion of the hearing or as soonthereafter as is practicable.

7. For the purposes of this section, a person shall bedeemed to have received a notice 3 days after it is mailed, by first-classmail, postage prepaid, to that person at his last known address.

(Added to NRS by 1997, 2242)

NRS 425.480 Fraudulenttransfer of property by responsible parent: Duties of Division.

1. If the Division determines that aresponsible parent has made a fraudulent transfer of property for which anaction for relief may be brought pursuant to chapter112 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 interestsof the child for whom the support is owed.

2. The Division shall adopt regulations establishingthe procedures necessary to carry out the provisions of this section.

(Added to NRS by 1997, 2243)

NRS 425.490 Bloodtests or tests of genetic identification to determine paternity: Authority ofChief; payment of costs; orders for additional testing.

1. After paternity is alleged pursuant to NRS 425.3826, and a written responsedenying paternity and requesting a hearing is received by the Chief pursuant toparagraph (g) of subsection 1 of NRS425.3824, the Chief shall order blood tests or tests for the geneticidentification of the child, mother and alleged father if the child, mother oralleged father submits to the Chief a written statement signed under oathwhich:

(a) Alleges paternity and sets forth facts establishinga reasonable possibility that the mother and the alleged father had sexualintercourse at or about the probable time of conception; or

(b) Denies paternity and sets forth facts establishinga reasonable possibility that the mother and the alleged father did not havesexual intercourse at or about the probable time of conception.

2. Except as otherwise provided in subsection 3, theDivision shall pay the costs of any tests conducted pursuant to this section.If the district court approves a recommendation establishing the paternity of achild pursuant to NRS 425.3844, thefather shall reimburse the Division for the costs of those tests.

3. If the child, mother or alleged father contests theresults of a test conducted pursuant to this section, the Division shall orderthe parties to submit to additional testing upon the payment of the costs ofthe additional tests by the contesting party.

(Added to NRS by 1997, 2244)

SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FORNONCOMPLIANCE WITH CERTAIN REQUIREMENTS

NRS 425.500 Agencythat issues a professional, occupational or recreational license, certificateor permit defined. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.] Asused in NRS 425.500 to 425.560, inclusive, unless the contextotherwise requires, agency that issues a professional, occupational orrecreational license, certificate or permit means the Department of Wildlifeand any officer, agency, board or commission of this State which is prohibitedby specific statute from issuing or renewing a license, certificate or permitunless the applicant for the issuance or renewal of that license, certificateor permit submits to the officer, agency, board or commission the statementprescribed by the Division pursuant to NRS425.520.

(Added to NRS by 1997, 2025; A 2003, 1562; 2005, 2807, 2815)

NRS 425.500 Agency that issues a professional oroccupational license, certificate or permit pursuant to title 54 of NRSdefined. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.] As used in NRS 425.500 to 425.560, inclusive, unless the contextotherwise 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 professionor occupation pursuant to title 54 of NRS and which is prohibited by specificstatute from issuing or renewing a license, certificate or permit unless theapplicant for the issuance or renewal of that license, certificate or permitsubmits to the officer, agency, board or commission the statement prescribed bythe Division pursuant to NRS 425.520.

(Added to NRS by 1997, 2025; A 2003, 1562; 2005, 2804, 2807, 2815, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.510 Procedurefor reporting to Department of Motor Vehicles names of persons who have failedto pay support or comply with certain subpoenas or warrants; plan for repaymentof arrearages. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. Each district attorney or other publicagency collecting support for children shall send a notice by first-class mailto each person who:

(a) Has failed to comply with a subpoena or warrantrelating to a proceeding to determine the paternity of a child or to establishor enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of oneor more children.

The noticemust include the information set forth in subsection 2 and a copy of thesubpoena or warrant or a statement of the amount of the arrearage.

2. If the person does not, within 30 days after hereceives 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 publicagency a written request for a hearing,

the districtattorney or other public agency shall report the name of that person to theDepartment of Motor Vehicles.

3. If a person requests a hearing within the periodprescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify theperson of his recommendation at the conclusion of the hearing or as soonthereafter as is practicable. If the master determines that the person hasfailed to comply with a subpoena or warrant relating to a proceeding todetermine the paternity of a child or to establish or enforce an obligation forthe support of a child, he shall include in the notice the information setforth in subsection 4. If the master determines that the person is in arrearsin the payment for the support of one or more children, he shall include in thenotice the information set forth in subsection 5.

4. If the master determines that a person whorequested a hearing pursuant to subsection 2 has not complied with a subpoenaor warrant relating to a proceeding to determine the paternity of a child or toestablish or enforce an obligation for the support of a child and the districtcourt issues an order approving the recommendation of the master, the districtattorney or other public agency shall report the name of that person to theDepartment.

5. If the master determines that a person whorequested a hearing pursuant to subsection 2 is in arrears in the payment forthe support of one or more children, the master shall notify the person that ifhe does not immediately agree to enter into a plan for the repayment of thearrearages that is approved by the district attorney or other public agency,his drivers license and motorcycle drivers license may be subject tosuspension. If the person does not agree to enter into such a plan and the districtcourt issues an order approving the recommendation of the master, the districtattorney or other public agency shall report the name of that person to theDepartment of Motor Vehicles.

6. The district attorney or other public agency shall,within 5 days after the person who has failed to comply with a subpoena orwarrant or is in arrears in the payment for the support of one or more childrencomplies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, notify the Department of MotorVehicles that the person has complied with the subpoena or warrant or hassatisfied the arrearage.

7. For the purposes of this section, a person shall bedeemed to have received a notice 3 days after it is mailed, by first-classmail, postage prepaid, to that person at his last known address.

(Added to NRS by 1995, 949; A 1997, 2028; 1999, 520; 2001, 2609)

NRS 425.510 Procedure for reporting to Departmentof Motor Vehicles names of persons who have failed to pay support; plan forrepayment of arrearages. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each district attorney or other public agencycollecting support for children shall send a notice by first-class mail to eachperson who is in arrears in the payment for the support of one or morechildren. The notice must include the information set forth in subsection 2 anda statement of the amount of the arrearage.

2. If the person does not, within 30 days after hereceives the notice required by subsection 1:

(a) Satisfy the arrearage pursuant to subsection 6; or

(b) Submit to the district attorney or other publicagency a written request for a hearing,

the districtattorney or other public agency shall report the name of that person to theDepartment of Motor Vehicles.

3. If a person requests a hearing within the periodprescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify theperson of his recommendation at the conclusion of the hearing or as soonthereafter as is practicable. If the master determines that the person is inarrears in the payment for the support of one or more children, he shallinclude in the notice the information set forth in subsection 4.

4. If the master determines that a person whorequested a hearing pursuant to subsection 2 is in arrears in the payment forthe support of one or more children, the master shall notify the person that ifhe does not immediately agree to enter into a plan for the repayment of thearrearages that is approved by the district attorney or other public agency,his drivers license and motorcycle drivers license may be subject tosuspension. If the person does not agree to enter into such a plan and the districtcourt issues an order approving the recommendation of the master, the districtattorney or other public agency shall report the name of that person to the Departmentof Motor Vehicles.

5. The district attorney or other public agency shall,within 5 days after the person who is in arrears in the payment for the supportof one or more children satisfies the arrearage pursuant to subsection 6,notify the Department of Motor Vehicles that the person has satisfied thearrearage.

6. For the purposes of this section:

(a) A person is in arrears in the payment for thesupport of one or more children if:

(1) He:

(I) Owes a total of more than $1,000 forthe support of one or more children for which payment is past due; and

(II) Is delinquent for not less than 2months in payments for the support of one or more children or any paymentsordered by a court for arrearages in such payments; or

(2) He has failed to provide medical insurancefor a child as required by a court order.

(b) A person who is in arrears in the payment for thesupport of one or more children may satisfy the arrearage by:

(1) Paying all of the past due payments;

(2) If he is unable to pay all past duepayments:

(I) Paying the amounts of the overduepayments for the preceding 12 months which a court has determined are inarrears; or

(II) Entering into and complying with aplan for the repayment of the arrearages which is approved by the districtattorney or other public agency enforcing the order; or

(3) If the arrearage is for a failure to provideand maintain medical insurance, providing proof that the child is covered undera policy, contract or plan of medical insurance.

(c) A person shall be deemed to have received anotice 3 days after it is mailed, by first-class mail, postage prepaid, to thatperson at his last known address.

(Added to NRS by 1995, 949; A 1997, 2028, 2030; 1999, 520; 2001, 2609, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.520 Statementby applicant for professional, occupational or recreational license,certificate or permit. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto 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 theDepartment of Wildlife, by an applicant for the issuance or renewal of such alicense, certificate or permit.

2. The statement prescribed pursuant to subsection 1 must:

(a) Provide the applicant with an opportunity toindicate that:

(1) He is not subject to a court order for thesupport of a child;

(2) He is subject to a court order for thesupport of one or more children and is in compliance with the order or is incompliance with a plan approved by the district attorney or other public agencyenforcing the order for the repayment of the amount owed pursuant to the order;or

(3) He is subject to a court order for thesupport of one or more children and is not in compliance with the order or aplan approved by the district attorney or other public agency enforcing theorder for the repayment of the amount owed pursuant to the order;

(b) Include a statement that the application for theissuance or renewal of the license, certificate or permit will be denied if theapplicant does not indicate on the statement which of the provisions ofparagraph (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 forprofessional or occupational license, certificate or permit. [Effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings 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 oroccupational license, certificate or permit pursuant to title 54 of NRS by anapplicant for the issuance or renewal of such a license, certificate or permit.

2. The statement prescribed pursuant to subsection 1must:

(a) Provide the applicant with an opportunity toindicate that:

(1) He is not subject to a court order for thesupport of a child;

(2) He is subject to a court order for thesupport of one or more children and is in compliance with the order or is incompliance with a plan approved by the district attorney or other public agencyenforcing the order for the repayment of the amount owed pursuant to the order;or

(3) He is subject to a court order for thesupport of one or more children and is not in compliance with the order or aplan approved by the district attorney or other public agency enforcing theorder for the repayment of the amount owed pursuant to the order;

(b) Include a statement that the application for theissuance or renewal of the license, certificate or permit will be denied if theapplicant does not indicate on the statement which of the provisions ofparagraph (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 onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.530 Notificationof person who has failed to pay support or comply with certain subpoenas orwarrants; request for suspension of persons licenses, certificates andpermits; recommendation by master; hearing. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. Each district attorney or other public agencycollecting 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 warrantrelating 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 oneor more children.

The noticemust include the information set forth in subsections 2 and 3 and a copy of thesubpoena or warrant or a statement of the amount of the arrearage.

2. If the person does not, within 30 days after hereceives 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 publicagency a written request for a hearing,

the districtattorney or other public agency shall request in writing that the mastersuspend all professional, occupational and recreational licenses, certificatesand permits issued to that person.

3. If the master receives from a district attorney orother public agency a request to suspend the professional, occupational andrecreational licenses, certificates and permits issued to a person, the mastershall enter a recommendation determining whether the person:

(a) Has failed to comply with a subpoena or warrantrelating 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 oneor more children.

As soon aspracticable after the master enters his recommendation, the district attorneyor other public agency shall notify the person by first-class mail of the recommendationof the master.

4. If a person requests a hearing within the periodprescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify theperson of his recommendation at the conclusion of the hearing or as soonthereafter as is practicable.

(Added to NRS by 1997, 2026; A 2005, 2807)

NRS 425.530 Notification of person who has failedto pay support or comply with certain subpoenas or warrants; request forsuspension of persons licenses, certificates and permits; recommendation bymaster; hearing. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings and expires by limitation 2 years afterthat date.]

1. Each district attorney or other public agencycollecting support for children shall send a notice by certified mail,restricted delivery, with return receipt requested to each person who is issueda professional or occupational license, certificate or permit pursuant to title54 of NRS and:

(a) Has failed to comply with a subpoena or warrantrelating 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 oneor more children.

The noticemust include the information set forth in subsections 2 and 3 and a copy of thesubpoena or warrant or a statement of the amount of the arrearage.

2. If the person does not, within 30 days after hereceives 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 publicagency a written request for a hearing,

the districtattorney or other public agency shall request in writing that the mastersuspend any professional or occupational license, certificate or permit issuedpursuant to title 54 of NRS to that person.

3. If the master receives from a district attorney orother public agency a request to suspend any professional or occupationallicense, 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 warrantrelating 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 oneor more children.

As soon aspracticable after the master enters his recommendation, the district attorneyor other public agency shall notify the person by first-class mail of the recommendationof the master.

4. If a person requests a hearing within the periodprescribed in subsection 2, a hearing must be held pursuant to NRS 425.3832. The master shall notify theperson of his recommendation at the conclusion of the hearing or as soonthereafter as is practicable.

(Added to NRS by 1997, 2026; A 2005, 2805, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.540 Disseminationand contents of court order approving recommendation of master determining thatperson has failed to pay support or comply with certain subpoenas or warrants;notification of person subject to order. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If a master enters a recommendation determiningthat a person:

(a) Has failed to comply with a subpoena or warrantrelating to a proceeding to determine the paternity of a child or to establishor enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of oneor more children,

and thedistrict court issues an order approving the recommendation of the master, thecourt shall provide a copy of the order to all agencies that issueprofessional, occupational or recreational licenses, certificates or permits.

2. A court order issued pursuant to subsection 1 mustprovide that if the person named in the order does not, within 30 days afterthe date on which the order is issued, submit to any agency that has issued aprofessional, occupational or recreational license, certificate or permit tothat person a letter from the district attorney or other public agency statingthat the person has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560, theprofessional, occupational or recreational licenses issued to the person bythat agency will be automatically suspended. Such an order must not apply to alicense, certificate or permit issued by the Department of Wildlife or theState Land Registrar if that license, certificate or permit expires less than 6months after it is issued.

3. If a court issues an order pursuant to subsection1, the district attorney or other public agency shall send a notice byfirst-class mail to the person who is subject to the order. The notice mustinclude:

(a) If the person has failed to comply with a subpoenaor 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 thesupport 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 personmay take to satisfy the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2026; A 2003, 1563; 2005, 2807, 2815)

NRS 425.540 Dissemination and contents of courtorder approving recommendation of master determining that person has failed topay support or comply with certain subpoenas or warrants; notification ofperson subject to order. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings and expires by limitation 2 yearsafter that date.]

1. If a master enters a recommendation determiningthat a person who is issued a professional or occupational license, certificateor permit pursuant to title 54 of NRS:

(a) Has failed to comply with a subpoena or warrantrelating to a proceeding to determine the paternity of a child or to establishor enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of oneor more children,

and thedistrict court issues an order approving the recommendation of the master, thecourt shall provide a copy of the order to all agencies that issue professionalor occupational licenses, certificates or permits pursuant to title 54 of NRS.

2. A court order issued pursuant to subsection 1 mustprovide that if the person named in the order does not, within 30 days afterthe date on which the order is issued, submit to any agency that has issued aprofessional or occupational license, certificate or permit pursuant to title54 of NRS to that person a letter from the district attorney or other publicagency stating that the person has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560, any professional or occupational license, certificate or permitissued pursuant to title 54 of NRS to the person by that agency will beautomatically suspended.

3. If a court issues an order pursuant to subsection1, the district attorney or other public agency shall send a notice byfirst-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 subpoenaor 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 thesupport 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 personmay take to satisfy the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2026; A 2003, 1563; 2005, 2806, 2807, 2815, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.550 Issuanceand dissemination of letter stating that person has complied with subpoena orwarrant or satisfied arrearage. [Effective until the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.] The district attorney or other public agency shall, within5 days after a person who is subject to a court order issued pursuant to NRS 425.540 complies with the subpoena orwarrant or satisfies the arrearage pursuant to NRS 425.560, provide to the person who issubject to the order a letter stating that the person has complied with thesubpoena or warrant or has satisfied the arrearage. The district attorney orother public agency shall also mail a copy of that letter to all of the agenciesto 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 letterstating that person has complied with subpoena or warrant or satisfiedarrearage. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after thatdate.] The district attorney or other publicagency shall, within 5 days after a person who is issued a professional oroccupational license, certificate or permit pursuant to title 54 of NRS and issubject to a court order issued pursuant to NRS425.540 complies with the subpoena or warrant or satisfies the arrearagepursuant to NRS 425.560, provide to theperson who is subject to the order a letter stating that the person hascomplied with the subpoena or warrant or has satisfied the arrearage. Thedistrict attorney or other public agency shall also mail a copy of that letterto 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 onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 425.560 Determinationthat person is in arrears in payments for support; satisfaction of arrearage.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] For thepurposes of NRS 425.500 to 425.560, inclusive:

1. A person is in arrears in the payment for thesupport of one or more children if:

(a) He:

(1) Owes a total of more than $1,000 for thesupport of one or more children for which payment is past due; and

(2) Is delinquent for not less than 2 months inpayments for the support of one or more children or any payments ordered by acourt for arrearages in such payments; or

(b) He has failed to provide medical insurance for achild as required by a court order.

2. A person who is in arrears in the payment for thesupport of one or more children may satisfy the arrearage by:

(a) Paying all of the past due payments;

(b) If he is unable to pay all past due payments:

(1) Paying the amounts of the overdue paymentsfor the preceding 12 months which a court has determined are in arrears; or

(2) Entering into and complying with a plan forthe repayment of the arrearages which is approved by the district attorney orother public agency enforcing the order; or

(c) If the arrearage is for a failure to provide andmaintain medical insurance, providing proof that the child is covered under apolicy, contract or plan of medical insurance.

(Added to NRS by 1997, 2027; A 2005, 2807)

NRS 425.560 Determination that person is inarrears in payments for support; satisfaction of arrearage. [Effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings and expires by limitation 2 years after that date.] For the purposes of NRS425.520 to 425.560, inclusive:

1. A person who is issued a professional oroccupational license, certificate or permit pursuant to title 54 of NRS is inarrears in the payment for the support of one or more children if:

(a) He:

(1) Owes a total of more than $1,000 for thesupport of one or more children for which payment is past due; and

(2) Is delinquent for not less than 2 months inpayments for the support of one or more children or any payments ordered by acourt for arrearages in such payments; or

(b) He has failed to provide medical insurance for achild as required by a court order.

2. A person who is in arrears in the payment for thesupport of one or more children pursuant to subsection 1 may satisfy thearrearage by:

(a) Paying all of the past due payments;

(b) If he is unable to pay all past due payments:

(1) Paying the amounts of the overdue paymentsfor the preceding 12 months which a court has determined are in arrears; or

(2) Entering into and complying with a plan forthe repayment of the arrearages which is approved by the district attorney orother public agency enforcing the order; or

(c) If the arrearage is for a failure to provide andmaintain medical insurance, providing proof that the child is covered under apolicy, contract or plan of medical insurance.

(Added to NRS by 1997, 2027; A 2005, 2807,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings)

 

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