The Law Office of Ronn Bisbee :: California Child Support Enforcement

The Law Office of Ronn Bisbee :: California Child Support Law





	The Law Office of Ronn Bisbee

Child Support
Laws By State

Nevada State Profile

A. General/State-At-A-Glance
B. UIFSA
C. Reciprocity
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
K. Modification and Review/Adjustment
L. Lump Sum Payments
M. Insurance Match

A. General/State-At-A-Glance

A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)?

Combination

A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)?

2 State offices: Reno and Elko; 10 County District Attorney Offices

A3. With what types of agencies do you have cooperative agreements?

County District Attorney's and Judicial District Courts

A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only?

N/A

A4.1. If yes, what is the statutory citation?

N/A
For Additional Information - No Link Provided

A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship?

N/A

A4.3. If yes, please explain.

N/A

B. UIFSA

B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)?

06/19/1997

B2. What is the effective date of your State's UIFSA?

1/1/1998

B3. What is the statutory citation for your State's Act?

NRS 130
For Additional Information - http://www.leg.state.nv.us/NRS/NRS-130.html

B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)?

2001

B4.1. If your state has implemented the 2001 version, when was it implemented?

10/01/2007

B5. Optional comments regarding your State's UIFSA.

N/A

C. Reciprocity

C1. With what foreign countries does your State reciprocate?

-Poland -United Kingdom and Northern Ireland -Canadian Provinces -Alberta -Saskatchewan -Manitoba -British Columbia -Ontario -Nova Scotia -New Brunswick -New Foundland -Northwest Territories -Nunavut -Yukon -Norway -Ireland -Slovak Republic -Czech Republic -Australia -Hungary -Portugal -Netherlands -El Salvador -Finland -Switzerland -Germany -Austria -France -Mexico

C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

N/A

C2. Has your State established reciprocity with any Tribal courts?

C2.1. If yes, list the Tribes and identify services provided, if less than full services.

N/A

D. Age of Majority

D1. What is the age of majority in your State?

Age of majority is 18; or up to a maximum age of 19, if a student is enrolled in, but has not yet completed high school.

D2. What is the statutory citation for the age of majority?

NRS 129.010, 125.510, 125B.110 and 425.300
For Additional Information - http://leg.state.nv.us/NRS/NRS-129.html#NRS129Sec010

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary.

age of majority is 18; or up to a maximum age of 19, if a student is enrolled in, but has not yet completed high school.

D4. Does the date of the order impact what law is applied?

D4.1. If yes, please explain.

N/A

D5. Does child support end if the child leaves the household but does not emancipate?

D5.1. Optional comments regarding emancipation.

N/A

D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

Handicapped - NRS 125B.110

D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?

D7.1. If yes, please describe the procedure.

N/A

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past due support?

None if an order exists; if no order, retroactive support may be requested for the 4 prior years from date of application for services.

E2. What is your State's statute of limitations for paternity establishment?

3 years beyond age of majority of child. LINK http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec081
For Additional Information - http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec081

E3. Is dormancy revival/renewal possible?

E3.1. Please explain the circumstances when possible, and the length of time possible.

N/A

F. Support Details

F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)?

Percentage of Income Model LINK http://leg.state.nv.us/NRS/NRS- 125B.html#NRS125BSec070 LINK http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec080 Per NRS 125B.070; 125B.080: Gross income of obligor: 1 CHILD = 18%of gross monthly income: 2 CHILDREN = 25% of gross monthly income: 3 CHILDREN = 29% of gross monthly income: 4 Children = 31% of gross monthly income: For EACH ADDITIONAL CHILD, add an additional two percent (2%). The presumptive maximum amount per month per child for an obligation of support is calculated as follows: Parent's Gross Monthly Income (PGMI) PGMI = $0 to $4235 Maximum is $547; PGMI = $4235 to $6351 Maximum is $602; PGMI = $6351 to $8467 Maximum is $658; PGMI = $8467 to $10585 Maximum is $712; PGMI = $12701 to $14816 Maximum is $821; PGMI = $14816 to No Limit Maximum is $877. These amounts must be adjusted on July 1st of each year for the fiscal year beginning that day and ending June 30 the following year calculated in a rounded dollar amount corresponding to the % of increase of decrease in the Consumer Price Index (All Items) published by the US Dept of Labot for the preceding year. Nevada requires the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
For Additional Information - No Link Provided

F2. Does your State charge interest on missed arrears?

Only if reduced to judgment

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

NRS 99.040 Interest rate when no express written contract fixes rate. 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due.

F3. Does your State charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

N/A

F4. Does your State charge interest on adjudicated arrears?

Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

NRS 99.040 LINK http://leg.state.nv.us/NRS/NRS-099.html#NRS099Sec040 Interest rate when no express written contract fixes rate. 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due.
For Additional Information - http://leg.state.nv.us/NRS/NRS-099.html#NRS099Sec040

F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill?

Yes

F5.1. If yes, under what circumstances?

If prior order set specific dollar amount.

F6. Does your state elect to recover costs or charge fees in your IV-D State Plan?

Yes

F6.1. If yes, what costs are recovered from/fees charged to the obligee?

None.

F6.2. What costs are recovered from/fees charged to the obligor?

1.)Genetic Test Fees as contained in court order; 2.)NRS 125B.095 Penalty for delinquent payment of installment of obligation of support. If an installment of an obligation to pay support for a child which arises from the judgment of a court becomes delinquent in the amount owed for 1 month's support, a penalty must be added by operation of this section to the amount of the installment. This penalty must be included in a computation of arrearages by a court of this State and may be so included in a judicial or administrative proceeding of another state. Penalty continues to be calculated until ongoing support is brought current. All penalty collected is passed on to the obligee. 3.)$2 fee collected from employee by employer on all income withholding actions up to $4 monthly maximum, payable to CSEP.

F7. Does your State recover costs on behalf of the initiating State?

Yes

F7.1. Optional comments regarding recovering of initiating State's fees.

If in court order, Nevada will enforce.

F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support.

NRS 14.065; NRS 126; NRS 130
For Additional Information - http://leg.state.nv.us/NRS/NRS-014.html#NRS014Sec065

F9. Does your State establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

Establish spousal order - No; Enforce spousal order - Only in conjunction with enforcement of an ongoing child support obligation; Modify spousal order - No.

F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)?

F10.1. Optional comments regarding required information on spouse or partner.

We do inquire about Health Insurance Coverage that may be provided for the children of the case through the new spouse's employer.

F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance?

The Chief shall impose a $25 fee each federal fiscal year (FFY) in all, never assistance,Title IV-D cases in which Nevada is the initiating jurisdiction and more than $500 in child support has been collected and disbursed to the family during the FFY. The FFY is defined as the period beginning October 1st and ending September 30th. For the purposes of the annual fee, a case is defined as an obligor, an obligee and the child(ren) in common.

F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)?

Yes.

F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices?

Yes. If the applicant is the custodial parent.

F11.3. Does your State collect the fee from the absent parent?

No.

F11.4. Does your State pay the fee out of its own funds?

Sometimes that is necessary, yes.

F12. When will your State implement the required DRA limited-assignment provision?

10/09

F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases?

No.

F13.1. If yes, provide the date.

F14. Will your State participate in the pass through in Former Assistance cases?

No.

F14.1. If yes, provide the date.

F15. Will your State discontinue eligible assignments under the DRA of 2005?

No.

F15.1. If yes, list the eligible assignments your State would discontinue.

NA.

F15.2. When will your State discontinue each type of assignment?

NA.

F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases?

PRWORA

F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

We would request the Custodian complete our Declaration of Custodian of Minor Child to change Child Support Payee and have it sign, notarized and filed with the court. The form can be downloaded from the website at http://dwss.nv.gov/index.

F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee?

F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

F17.3. How does your State collect the $25.00 annual fee on never-TANF cases?

G. Income Withholding

G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)?

Income withholding

G2. What specific source of income is not subject to withholding?

Exempted funds such as TANF, SSI, VA Disability.
For Additional Information - http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec016

G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

G3.1. If yes, what are those limits?

N/A

G4. What is the allowable fee per pay period for processing income withholding payments?

Obligor is responsible for a $2.00 fee payable to State Treasurer per withholding. See NRS 31A.075 LINK http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec075 Employers may charge employee an optional fee of $3.00 per withholding no more than twice per month.
For Additional Information - http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec075

G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

With the first pay period that occurs within 14 days after the date the notice was mailed.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?

Within 7 days after scheduled payroll deduction.

G7. What are your State's procedures for sanctioning employers for not implementing income withholding?

Can apply for and the court may issue an order directing the employer to appear and show cause why he/she is not subject to penalties.

G8. What is the penalty to an employer for failure to remit payments withheld?

May be fined, not to exceed $1000 for each pay period withholding that is not honored.

G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines?

G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order.

Although NRS allows for direct withholding of UIB across state lines, the programming at our Employment Security Dept. does not allow for this functionality. Therefore, all interstate requests for direct withholding of UIB are still referred via UIFSA for full service to Nevada Central Registry and are essentially a two-state process.

G9.2. Optional comments regarding direct withholding of UI benefits across state lines.

G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines?

Yes

G10.1. Optional comments regarding direct withholding of WC benefits across State lines.

N/A

G11. How does an obligor contest income withholding in your State?

Within 15 days after a notice of withholding is mailed to the obligor, the obligor may request a hearing by contacting the enforcing authority.

G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).

Employers are instructed in NRS 130.502 to treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of Nevada. Priority scheme in NRS 31A.160 states Child Support has priority over any other proceeding against the same money and current support has priority over any other orders for the support of a child.

G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance?

Yes

G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.

N/A
For Additional Information - No Link Provided

G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?

No.

G14. When does your state require the employer to send notice of an employee's termination?

Employer must promptly notify the CSE (IVD) Agency when employee/obligor no longer works for them.
For Additional Information - No Link Provided

G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?

N/A

G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?

Yes, it is mandatory for the Employer to deduct an additional $2.00 for each withholding, not to exceed two withholding fees per month per employee.

G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

No.

G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?

Yes
For Additional Information - No Link Provided

G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support.

Priority scheme in NRS 31A.160 states Child Support has priority over any other proceeding against the same money and current support has priority over any other orders for the support of a child.
For Additional Information - No Link Provided

H. Paternity

H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed?

H1.1. If yes, please explain.

N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

99.9% NRS 126.051e LINK http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec051
For Additional Information - http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec051

H3. Optional comments regarding paternity acknowledgment conclusive legislation.

N/A

H4. What is the effective date of the State law that makes paternity acknowledgments conclusive?

10/1/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?

Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.

Rebuttable for six months after which it became conclusive.

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

If IV-D case, NCP brings rebuttal request to the District Attorney's office enforcing the case or files directly with the court.

H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?

Yes

H6.1. If no, briefly explain.

Only if the child was born 10/1/1997 or later.NRS 126.053. LINK http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec053
For Additional Information - http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec053

H7. Does your State have any other paternity-related presumptions?

Yes

H7.1. If yes, briefly explain.

NRS 126.051. LINK http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec051 Cohabiting 6 months prior to and through period of conception; Attempted marriage is/or could be invalid; alleged father receives the child in his home and holds child out to be his natural child.
For Additional Information - http://leg.state.nv.us/NRS/NRS-126.html

H8. Does your State have a putative fathers' registry?

H8.1. If yes, what is the name of that entity?

N/A

H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics?

Yes

H9.1. If yes, please describe any circumstances under which these fees may be waived.

None.

H10. Is common law marriage recognized in your State?

H10.1. If yes, briefly describe the standard that defines common law marriage.

NA.
For Additional Information - No Link Provided

H10.2. When did your current common law standard go into effect?

H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect?

N/A

H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)

Written testimony, teleconferencing, audiovisual means.

H12. Please give the statutory citation for your State's long arm statute and list any special provisions.

NRS 14.065; NRS 126; NRS 130
For Additional Information - http://www.leg.state.nv.us/NRS/NRS-014.html

H13. Does your State recover genetic testing costs for other States?

Yes

H13.1. If so, please explain.

If stated as a sum certain amount in court order.

H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)?

Court Order

H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?

10/01/1997

H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

One docket is sufficient (w/PA).

I. Support Order Establishment

I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation?

Quasi-judicial process

I1.1. If your State can establish under both, under what circumstances would the administrative process be used?

I1.2. Under what circumstances would the judicial process be used?

I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures.

For Additional Information - http://www.leg.state.nv.us/NRS/NRS-125B.html#NRS125B.080

I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's)

No income other than the NCP's is required to be considered.
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your State?

NRS 125B.080 LINK http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec080
For Additional Information - http://leg.state.nv.us/NRS/NRS-125B.html#NRS125B.080

I4. Will your State establish support orders for prior periods?

Yes

I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

From the original IVD application date, not to exceed the four year statute of limitations when no support order exist at the time of application

I4.2. What information or documentation does your State require to proceed?

Depends on circumstances
For Additional Information - No Link Provided

I4.3. Will your State allow a petition for support when the only issue is retroactive support?

I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify.

Must also establish current support in court order.

I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?

Administrative Genetic Test Order. NRS 425.490 LINK http://leg.state.nv.us/NRS/NRS-425.html
For Additional Information - http://leg.state.nv.us/NRS/NRS-425.html

I6. What is your State's statutory authority for the administrative process?

NRS 425 LINK http://leg.state.nv.us/NRS/NRS-425.html
For Additional Information - http://leg.state.nv.us/NRS/NRS-425.html

I7. Is there a local State law that allows an interstate administrative subpoena?

No
For Additional Information - No Link Provided

I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?

Yes
For Additional Information - No Link Provided

I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?

I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?

I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action?

Yes

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both?

J1.1. Are your State income tax refund procedures judicial, administrative, or both?

Nevada has no state income tax

J2. Is the lien process in your State judicial, administrative or both?

Administrative (NRS425.460 and 425.470) Judicial (NRS21)

J2.1. What are the trigger criteria for filing a lien?

Child Support Order
For Additional Information - No Link Provided

J2.2. Where are your State liens filed?

RP & PP - County Recorder's offices

J2.3. Does your State charge a fee for filing a lien?

J2.4. If yes, please indicate the amount.

J.3. Does your State enforce property seizure and sale?

Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

Judicial.

J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both?

Nevada law provides the child support enforcement program with the option of executing (Nevada Revised Statute 21) or liening (freezing) and attaching (seizing) an account (NRS 425.470)

J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support?

Administrative: Upon Delinquency. See NRS 425.470 Judicial: Any notice to the obligor is provided by they sheriff. See NRS 21.

J4.2. Does your State's income withholding definition includes amounts in financial institutions?

No
For Additional Information - No Link Provided

J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the State or financial institution?

Administrative lien on account: State. See NRS 425.470 Execution on account: Any notice to the obligor is provided by the sheriff. See NRS 21.

J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent?

Administrative lien on account: Simultaneously with notice to financial institution. Execution on account: Any notice to the obligor is provided by the sheriff

J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state?

The obligor must owe adjudicated arrears for the support of one or more children greater than $1000.00 and be at least two months in arrears since IVD services began. Caseworkers must obtain attorney approval before proceeding with an action against a joint, business, or trust account. Account balance must be at least $500.00 if balance is known. When the financial institution does not provide an account balance, this requirement does not apply.

J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?

$5000.00 for personal property other than bank accounts. $1000.00 for FIDM
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize?

None. Lien on account remains until released.

J5.3. 1. If yes, please provide the time frame.

J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?

J5.4.1. If yes, please provide the percentage.

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, please define.

J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount.

$500 if the balance is known. If unknown, no limitation.

J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?

Enforcing authority

J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?

20 days
For Additional Information - No Link Provided

J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action?

N/A

J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action?

Amount owed
For Additional Information - No Link Provided

J5.10. Is your State's complaint review process judicial, administrative or both?

Judicial for both processes.

J5.11. What are your State's penalties for incorrect seizures?

None specified.

J5.12. Is the second challenge administrative, judicial or both?

N/A

J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

Administrative lien process: The obligor must request a hearing within twenty days after receiving notice of the lien. Receipt is statutorily defined as three days after the notice of lien has been mailed first class, postage prepaid. See NRS 425.475 Execution on account: The obligor must file within eight days of receiving notice. See NRS 21.

J5.14. Is the Freeze and Seize operation in your state centralized or automated?

Neither centralized nor automated.

J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile?

None.

J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?

No.

J5.16.1. If yes, what is the amount?

J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?

J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets.

For Additional Information - No Link Provided

J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?

No. State holds asset during the appeal time frame. See NRS 425-470 LINK http://leg.state.nv.us/NRS/NRS-425.html
For Additional Information - http://www.leg.state.nv.us/NRS/NRS-425.html

J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency?

Upon receipt of notice
For Additional Information - No Link Provided

J6. Does your State withhold State funds or benefits?

Yes

J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both?

Unemployment Insurance Benefits, Worker's compensation, administrative

J7. Please describe any other administrative enforcement procedures your State may have.

Other, creditor's claim against estate, administrative

J8. Please describe any other judicial enforcement procedures your State may have.

U.S. Attorney referrals

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

Must register with County Recorder where property is located (NRS 125B.142/125B.144)
For Additional Information - http://www.leg.state.nv.us/NRS/NRS-125B.html

J10. Which of our State's enforcement remedies are available without registration?

Any administrative process such as: Income withholding, license
revocation and liens

J11. Describe your State's registration and enforcement procedures.

(UIFSA) NRS 130

J12. After registration, describe additional judicial procedures required, if any, to enforce a support order.

Implement contempt proceedings depending on case circumstances. A monthly repayment amount for recovery judgment could be established for cases which have a recovery judgment but no ongoing support ordered. Property seizure and sale.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, please provide the statutory citation.

NRS 17.330-17.400
For Additional Information - http://www.leg.state.nv.us/NRS/NRS-017.html

J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States?

J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).

Nevada is unable to accept Transmittal #3 at this time. A full service request must be made.

J15. Does your State use credit bureau reporting as an enforcement method?

Yes

J16. Provide which credit bureaus your State report an obligor's child support information?

INNOVIS

J16. Provide which credit bureaus your State report an obligor's child support information?

J17. Is the method for credit bureau reporting judicial, administrative or both?

Judicial

J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both?

Initiating State

J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?

Arrears over $1000 - Nevada judgment CST must live in Nevada.

K. Modification and Review/Adjustment

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?

Every 3 years. Less than 3 years with change in circumstances.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?

Upon written request from CST, NCP, legal guardian or interstate IV-D agency.

K3. Briefly describe your State's modification procedure.

Case manager determines if order meets three-year review or change of circumstance criteria. If case is excluded from modification, requestor is notified of the decision not to review and the reason. Within 180 calendar days of receiving the request, a review must be conducted and the case manager must notify the parties of the proposed adjustment or determination there should be no adjustment and their right to request a hearing to challenge the decision.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?

Order being enforced in NV; order is at least 36 months old; requests by NCP, CST/Guardian or IV-D agency; 15% or $75 increase or decrease in the child support order and/or health insurance coverage is available through the NCP's employment and is not addressed in the court order. In the event the three year rule does not apply and the request is based on change of circumstance, there must be at least a 20% change in the gross monthly income of a person who is subject to an order for support of a child.

K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?

K5.1. The earnings of the obligor have substantially increased or decreased.

Yes

K5.2. The earnings of the obligee have substantially increased or decreased.

Yes

K5.3. The needs of a party or the child(ren) have substantially increased or decreased.

K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed.

K5.5. The child(ren) have extraordinary medical expenses not covered by insurance.

K5.6. There has been a substantial change in child care expenses.

K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances?

Change in circumstances criteria: Must be at least 20% change in the gross monthly income of the obligor. If order based on Nevada Average Wage or the $100 minimum and current information is provided based on NCP's income, must be considered change of circumstance. Any case in which ongoing obligation has been reduced due to cost of health insurance when: a: CST has health insurance available at no cost or at lesser cost than NCP, wants to cover child under his/her policy and have NCP pay full child support obligation; b: NCP changes employment and insurance not available at no cost; Existing order is a percentage; not sum certain.

K6. Does your State have cost of living adjustments (COLAs)?

K6.1. If so, what index does your State use?

K7. How does your State credit SSA disability to current and past due support?

K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc.

Yes

K8.1. If yes, please explain the situation?

At the court's discretion an abatement period may be ordered.

K8.2. What is the statutory citation for your abatement law?

LINK http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec008
For Additional Information - http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec008

K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

Bureau of Health Planning and Statistics Office of Vital Records, 4150 Technology Way, Suite 104, Carson City, NV 89706 (775) 684-4242

K9. What information is required to register an out-of-State order for enforcement/modification?

$20 verified copy

L. Lump Sum Payments

L1. Does your State define a lump sum payment?

L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?

Lump sum is not defined, but lump sum payments are subject to income withholding statutes.

L1.2 Provide the statutory citation.

LINK http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec150
For Additional Information - http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec150

L2. Does your State law require employers to report lump sum payments?

L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.

For Additional Information - No Link Provided

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

L4. How are employers instructed to report a pending lump sum?

L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.

L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?

L7. Does your State use the income withholding order to attach the lump sum payment?

Yes

L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?

L8. Does your State use the lien/levy process to attach the lump sum payment?

L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?

L9. What other documents does your State use to attach lump sum payments?

L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?

L10.1 If yes, what are those limits?

For Additional Information - No Link Provided

L10.2 If no, what percentage is the employer required to withhold?

L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?

L11.1 If yes, would the employer only withhold for that period's obligation?

M. Insurance Match

M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided.

For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided

M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency.

M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant.

M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)?

M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold.

M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant).

M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied).

M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law.

For Additional Information - No Link Provided

M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law?

M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

For Additional Information - No Link Provided

M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs?

M3.1. Please provide the statutory citation.

For Additional Information - No Link Provided

M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy).

M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency?

M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept.

For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation.

For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

M7. How does another State initiate and intercept collections from your State Workers Compensation agency?

M7.1. What is the process, the points of contact, and what forms must be completed?

Dedicated To
Enforcing Your
Support Order.