NRS: CHAPTER 425 - SUPPORT OF DEPENDENT CHILDREN

NRS 425.350 Duty of parent to support child; assignment of right to support upon acceptance of assistance; appointment of Administrator as attorney-in-fact; enforceability of debt for support; notice of assignment.

NRS 425.355 Debt for support not to be incurred by recipient of certain public assistance; certain debts owed by recipient to be held in abeyance.

NRS 425.360 Debt for support: Payment of public assistance creates debt; amount; Division entitled to reimbursement; conditions under which debt not incurred; provision of information concerning health insurance coverage of dependent children.

NRS 425.363 State Child Support Disbursement Fund: Creation; deposits in Fund; use of money in Fund.

NRS 425.364 Insurers to exchange certain information with Program; duties of insurers.

NRS 425.365 Authority of Administrator to adopt regulations and carry out chapter.

NRS 425.370 Duty of Division and prosecuting attorney to carry out Program.

NRS 425.375 Participation in Program by counties; participating county required to pay cost of Program; withdrawal from Program by county.

NRS 425.380 Establishment of paternity and enforcement of support: Duty of district attorney; authority of Attorney General.

PROCEDURE FOR JUDICIAL ENFORCEMENT

NRS 425.381 Master: Appointment; qualifications.

NRS 425.382 Authority of Chief and master.

NRS 425.3822 Notice and finding of financial responsibility: Issuance; service.

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

NRS 425.3826 Notice and finding of financial responsibility: Additional requirements when paternity has not been legally established.

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

NRS 425.383 Modification or adjustment of order for support.

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

NRS 425.3834 Enforcement of order approving recommendation for support; judicial review; effect of recommendation during judicial review.

NRS 425.3835 Court prohibited from staying proceeding or refusing hearing in certain circumstances; court required to hold hearing; court authorized to issue support order pendente lite.

NRS 425.3836 Notice of intent to enforce court order for support; hearing; issuance of recommendation for support; effect of approval of recommendation; effect of noncompliance with order.

NRS 425.3838 Establishment of paternity: Procedure when paternity not disputed.

NRS 425.384 Establishment of paternity: Procedure when paternity is disputed.

NRS 425.3841 Establishment of paternity: Recommendation for temporary support pending resolution of proceedings.

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

NRS 425.3846 Enforcement of support in accordance with chapter 31A of NRS.

NRS 425.3847 Retention of annual fees to carry out Program. [Effective until the date on which the provisions of 42 U.S.C. § 654 requiring each state to impose an annual fee of $35 in the case of a person who has never received assistance pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and for whom the State has collected $500 or more of support are repealed by the Congress of the United States.]

NRS 425.3848 Disposal of property by parent: Temporary restraining order; bond; notice of lis pendens.

NRS 425.385 Certification of complex issues to district court; temporary support.

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

NRS 425.3855 Social security numbers of parents or legal guardians to be provided to enforcing authority.

COLLECTION, DISSEMINATION AND USE OF INFORMATION

NRS 425.390 Statement of responsible parent concerning ability to support child: Contents; additional statements; penalties.

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

NRS 425.395 Submission to Division of information regarding holders of certain licenses, certificates or permits; dissemination of information. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.395 Submission to Division of information regarding holders of certain licenses, certificates or permits; dissemination of information. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

NRS 425.400 Registry of information concerning responsible parents: Establishment; requests for information and assistance; failure to comply with request; disclosure of information.

NRS 425.405 Adoption and enforcement of regulations for protection of privacy.

ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT

NRS 425.410 Payment of support through enforcing authority; collection and use of damages for dishonored check, draft or extension of credit.

NRS 425.420 Deposit of certain receipts in State General Fund.

NRS 425.430 Distribution of money recovered by enforcing authority.

NRS 425.440 Uncollectible debt for support.

NRS 425.450 Adjustment of orders for support.

NRS 425.460 Exchanges of data with financial institutions; encumbrance or surrender of assets of responsible parents held by financial institutions; financial institutions not liable for compliance; Division or agency for enforcement of child support located in another state not liable for return of surrendered assets.

NRS 425.470 Collection of arrearages in payments of support; notice to responsible parent; request for hearing; good faith effort to resolve matter required before hearing.

NRS 425.480 Fraudulent transfer of property by responsible parent: Duties of Division.

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

SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FOR NONCOMPLIANCE WITH CERTAIN REQUIREMENTS

NRS 425.510 Reporting to Department of Motor Vehicles and Department of Wildlife names of persons who failed to pay support or comply with certain subpoenas or warrants; request for hearing; good faith effort to resolve matter required; plan for repayment of arrearages. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.510 Reporting to Department of Motor Vehicles names of persons who failed to pay support; request for hearing; good faith effort to resolve matter required; plan for repayment of arrearages. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.520 Statement by applicant for professional, occupational or recreational license, certificate or permit. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.520 Statement by applicant for professional or occupational license, certificate or permit. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 425.530 Notice to person who failed to pay support or comply with certain subpoenas or warrants; request for suspension of person’s licenses, certificates and permits; request for hearing; good faith effort to resolve matter required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.530 Notice to person who failed to pay support or comply with certain subpoenas or warrants; request for suspension of person’s licenses, certificates and permits; request for hearing; good faith effort to resolve matter required. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 425.540 Dissemination and contents of court order approving recommendation of master determining that person has failed to pay support or comply with certain subpoenas or warrants; notification of person subject to order. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.540 Dissemination and contents of court order approving recommendation of master determining that person has failed to pay support or comply with certain subpoenas or warrants; notification of person subject to order. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 425.560 Determination that person is in arrears in payments for support; satisfaction of arrearage. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 425.560 Determination that person is in arrears in payments for support; satisfaction of arrearage. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

GUIDELINES FOR SUPPORT OF CHILDREN

NRS 425.600 “Committee” defined.

NRS 425.610 Committee to Review Child Support Guidelines: Creation; membership; term; Chair; meetings; quorum.

NRS 425.620 Review of guidelines for support of children; recommendations of Committee; regulations of Administrator.

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GENERAL PROVISIONS

NRS 425.260 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 425.270 to 425.335, inclusive, have the meanings ascribed to them in those sections.

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

NRS 425.270 “Administrator” defined. “Administrator” means the Administrator of the Division, or a representative of the Administrator.

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

NRS 425.280 “Assistance” and “public assistance” defined. “Assistance” and “public assistance” mean any payment made by the Division to or on behalf of a child pursuant to the provisions of this title.

(Added to NRS by 1977, 720)

NRS 425.285 “Chief” defined. “Chief” means the Chief of the Program or a person designated by the Chief.

(Added to NRS by 1989, 1634)

NRS 425.289 “Court” defined. “Court” means the district court or any judicial or administrative procedure established in this or any other state to facilitate the collection of an obligation for the support of a child.

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

NRS 425.290 “Court order” defined. “Court order” means any judgment, decree or order of a court of this or any state having jurisdiction that orders the payment of a set or determinable amount of support money.

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

NRS 425.295 “Debt” defined. “Debt” means the amount of money owed as support for a dependent child pursuant to:

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

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

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

NRS 425.300 “Dependent child” defined. “Dependent child” means any person, who is not otherwise emancipated, self-supporting or a member of the Armed Forces of the United States, who is:

1. Under the age of 18 years; or

2. Under 19 years of age and who is a student in high school.

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

NRS 425.310 “Division” defined. “Division” means the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(Added to NRS by 1977, 720)

NRS 425.312 “Enforcing authority” defined. “Enforcing authority” means the Division, its designated representative or the prosecuting attorney.

(Added to NRS by 1997, 2240)

NRS 425.315 “Office” defined. “Office” means the office of the Program.

(Added to NRS by 1989, 1634)

NRS 425.318 “Program” defined. “Program” means the Program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act (42 U.S.C. §§ 651 et seq.) and other provisions of that Act relating to the enforcement of child support.

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

NRS 425.320 “Prosecuting attorney” defined. “Prosecuting attorney” means the district attorney of any county or of Carson City, or the Attorney General when acting pursuant to NRS 425.380.

(Added to NRS by 1977, 720)

NRS 425.330 “Responsible parent” defined. “Responsible parent” means the natural or adoptive parent of a dependent child, or any person who is responsible for the support of a dependent child by law, contract or order of a court of competent jurisdiction.

(Added to NRS by 1977, 720)

NRS 425.335 “State” defined. “State” has the meaning ascribed to it in NRS 130.10179.

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

NRS 425.340 Purpose of chapter; remedies cumulative. It is the purpose of this chapter that children be promptly maintained insofar as possible from the resources of responsible parents. The remedies provided in this chapter are cumulative and in addition to any other remedy provided by law.

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

NRS 425.345 Applicability of chapters 31A, 125B and 126 of NRS. To the extent they are not inconsistent with the provisions of this chapter, the provisions of chapters 31A, 125B and 126 of NRS apply to any action taken pursuant to the provisions of this chapter.

(Added to NRS by 1989, 1634; A 1997, 2245; 2007, 1527)

NRS 425.346 Applicability of and compliance with chapter 130 of NRS. To the extent that any provision of this chapter is inconsistent with the provisions of chapter 130 of NRS regarding the effect, enforcement or modification of an order relating to the support of a child issued by a court other than a court of this State, the provision of this chapter does not apply to the order. The enforcement and any modification of such an order must comply with the provisions of chapter 130 of NRS.

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

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

2. If a court order specifically provides that no support for a child is due, the order applies only to those facts upon which the decision was based.

3. By accepting assistance in his or her own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the Division of all rights to support from any other person which the applicant or recipient may have in his or her own behalf or in behalf of any other member of the family for whom the applicant or recipient is applying for or receiving assistance. Except as otherwise required by federal law or as a condition to the receipt of federal money, rights to support include, but are not limited to, accrued but unpaid payments for support and payments for support to accrue during the period for which assistance is provided. The amount of the assigned rights to support must not exceed the amount of public assistance provided or to be provided. If a court order exists for the support of a child on whose behalf public assistance is received, the Division shall attempt to notify a located responsible parent as soon as possible after assistance begins that the child is receiving public assistance. If there is no court order for support, the Division shall with service of process serve notice on the responsible parent in the manner prescribed in subsection 2 of NRS 425.3822 within 90 days after the date on which the responsible parent is located.

4. The recipient shall be deemed, without the necessity of signing any document, to have appointed the Administrator as the attorney-in-fact of the recipient with power of substitution to act in the name of the recipient and to endorse all drafts, checks, money orders or other negotiable instruments representing payments for support which are received as reimbursement for the public assistance previously paid to or on behalf of each recipient.

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

6. The assignment provided for in subsection 3 is binding upon the responsible parent upon service of notice of the assignment. After notification, payments by the responsible parent to anyone other than the Division must not be credited toward the satisfaction of the debt for support. Service of notice is complete upon:

(a) The mailing, by first-class mail, of the notice to the responsible parent at the last known address of the responsible parent;

(b) Service of the notice in the manner provided for service of civil process; or

(Added to NRS by 1977, 720; A 1981, 352; 1985, 1431; 1995, 2424; 1997, 2246)

NRS 425.355 Debt for support not to be incurred by recipient of certain public assistance; certain debts owed by recipient to be held in abeyance.

1. Notwithstanding the provisions of chapters 31A, 125B and 126 of NRS, debts for support of a child owed to any person may not be incurred by a parent or any other person who is the recipient of Temporary Assistance for Needy Families pursuant to the provisions of chapter 422A of NRS for the benefit of a dependent child for the period when the parent or other person is a recipient, unless a court finds that the parent or other person has remained purposefully unemployed.

2. Any debts for support of a child owed to any person incurred by a parent or other person before becoming a recipient of Temporary Assistance for Needy Families as described in subsection 1 must be held in abeyance while the parent or other person is receiving such benefit.

3. As used in this section, “Temporary Assistance for Needy Families” has the meaning ascribed to it in NRS 422A.080.

(Added to NRS by 2017, 385)

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

2. The Division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support, to the extent of the assignment of those rights to support pursuant to NRS 425.350, and may prosecute or maintain any action for support or execute any administrative remedy existing under the laws of this State to obtain reimbursement of money expended for public assistance from any liable third party, including an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1167(1), service benefit plan, self-insured plan or health maintenance organization. If a court enters judgment for an amount of support to be paid by a responsible parent, the Division is entitled to the amount of the debt created by that judgment to the extent of the assignment of rights to support pursuant to NRS 425.350, and the judgment awarded shall be deemed to be in favor of the Division to that extent. This entitlement applies to, but is not limited to, a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the Division in public assistance to or for the benefit of a dependent child. The Division may petition the appropriate court for modification of its order on the same grounds as a party to the action.

3. If there is no court order for support, or if the order provides that no support is due but the facts on which the order was based have changed, the amount due is the amount computed pursuant to the guidelines established by the Administrator pursuant to NRS 425.620, using the Nevada average wage, determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation, if the gross income of the responsible parent cannot be otherwise ascertained.

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

5. If a state agency is assigned any rights of a dependent child or a person having the care, custody and control of a dependent child who is eligible for medical assistance under Medicaid, the person having the care, custody and control of the dependent child shall, upon request of the state agency, provide to the state agency information regarding the dependent child or a person having the care, custody and control of a dependent child to determine:

(a) Any period during which the dependent child or a person having the care, custody and control of a dependent child may be or may have been covered by an insurer; and

(b) The nature of any coverage that is or was provided by the insurer, including, without limitation, the name and address of the insured dependent child or a person having the care, custody and control of a dependent child and the identifying number of the policy, evidence of coverage or contract.

(Added to NRS by 1977, 721; A 1981, 353; 1985, 1433; 1987, 2254; 1995, 2425; 1997, 2247; 2007, 2394; 2017, 2289)

NRS 425.363 State Child Support Disbursement Fund: Creation; deposits in Fund; use of money in Fund.

1. The State Child Support Disbursement Fund is hereby created as an agency fund, to be administered by the Chief. All money collected or otherwise received by the enforcing authority to carry out the provisions of 42 U.S.C. § 654b must be deposited in the Fund. The Fund is a continuing fund without reversion. Any interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund.

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

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

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

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

(Added to NRS by 1999, 823)

NRS 425.364 Insurers to exchange certain information with Program; duties of insurers.

1. Except as otherwise provided in subsections 7 and 8, each insurer shall, not later than 5 days after opening a tort liability claim for bodily injury or wrongful death, a workers’ compensation claim or a claim under a policy of life insurance, exchange information with the Program in the manner prescribed by the Division to verify whether the claimant owes debt for the support of one or more children to the Division or to a person receiving services from the Program. To the extent feasible, the Division shall facilitate a secure electronic process to exchange information with insurers pursuant to this subsection. The obligation of an insurer to exchange information with the Program is discharged upon complying with the requirements of this subsection.

2. Except as otherwise provided in subsections 4 and 6, if an insurer is notified by the Program that a claimant owes debt for the support of one or more children to the Division or to a person receiving services from the Program, the insurer shall, upon receipt of a notice issued by the enforcing authority identifying the amount of debt owed pursuant to chapter 31A of NRS:

(a) Not later than 5 days after receiving notice from the enforcing authority, notify the claimant and his or her attorney, if known to the insurer, of the debt owed;

(b) Withhold from payment on the claim the amount specified in the notice; and

3. If an insurer withholds any money from payment on a claim and remits the money to the enforcing authority pursuant to subsection 2, the insurer shall notify the claimant and his or her attorney, if known to the insurer, of that fact.

4. The enforcing authority shall give any lien, claim or demand for attorney’s fees or costs, medical expenses or property damage, including, without limitation, a demand for attorney’s fees or costs incurred in connection with compensation that is subject to the provisions of NRS 616C.205, priority over any withholding of payment pursuant to subsection 2.

5. Any information obtained pursuant to this section must be used only for the purpose of carrying out the provisions of this section. Notwithstanding the provisions of this subsection, an insurer or an insurance claim data collection organization approved by the Division or other entity that performs the functions described in subsection 8 may not be held liable in any civil or criminal action for any act made in good faith pursuant to this section, including, without limitation:

(a) Any disclosure of information to the Division or to the Program; or

(b) The withholding of any money from payment on a claim or the remittance of such money to the enforcing authority.

6. An insurer shall not delay the disbursement of a payment on a claim to comply with the requirements of this section. An insurer is not required to comply with subsection 2 if the notice issued by the enforcing authority is received by the insurer after the insurer has disbursed the payment on the claim. In the case of a claim that will be paid through periodic payments, the insurer:

(a) Is not required to comply with the provisions of subsection 2 with regard to any payments on the claim disbursed to the claimant before the notice was received by the insurer; and

(b) Must comply with the provisions of subsection 2 with regard to any payments on the claim scheduled to be made after the receipt of the notice.

7. If periodic payments will be made to a claimant, an insurer is only required to engage in the exchange of information pursuant to subsection 1 before issuing the initial payment.

8. Except as otherwise provided in this subsection, if an insurer reports information concerning claimants to an insurance claim data collection organization approved by the Division, the insurer may comply with the requirements of this section by authorizing the insurance claim data collection organization to provide claimant information to the federal Office of Child Support Enforcement of the Administration for Children and Families of the United States Department of Health and Human Services, the Program or a designee identified by the Program for the sole purpose of complying with this section. If no insurance claim data collection organization is approved by the Division, an insurer may comply with the requirements of this section by authorizing an entity determined by the Division to perform the same function as an insurance claim data collection organization to provide claimant information to the federal Office of Child Support Enforcement, the Program or a designee identified by the Program for the sole purpose of complying with this section.

9. As used in this section:

(a) “Claimant” means any person who:

(1) Brings a tort liability claim for bodily injury or wrongful death against an insured under a casualty insurance policy, as defined in NRS 681A.020, or a property insurance policy, as defined in NRS 681A.060;

(2) Is a beneficiary under a life insurance policy; or

(3) Is receiving workers’ compensation benefits.

(b) “Claim for bodily injury” does not include a claim for uninsured or underinsured vehicle coverage or medical payments coverage under a motor vehicle liability policy.

(c) “Insurance claim data collection organization” means an organization that maintains a centralized database of information concerning insurance claims to assist insurers that subscribe to the database in processing claims and detecting and preventing fraud.

(d) “Insurer” means:

(1) A person who holds a certificate of authority to transact insurance in this State pursuant to NRS 680A.060.

(2) A nonadmitted insurer, as defined in NRS 685A.0375, with whom nonadmitted insurance, as defined in NRS 685A.037, is placed.

(3) The Nevada Insurance Guaranty Association created by NRS 687A.040.

(Added to NRS by 2019, 1495)

NRS 425.365 Authority of Administrator to adopt regulations and carry out chapter.

1. The Administrator or the designee of the Administrator is responsible for and shall supervise the Program, subject to administrative supervision by the Director of the Department of Health and Human Services.

2. The Administrator may adopt such regulations and take such actions as are necessary to carry out the provisions of this chapter.

(Added to NRS by 1997, 2240; A 2009, 944)

NRS 425.370 Duty of Division and prosecuting attorney to carry out Program. Subject to administrative supervision by the Director of the Department of Health and Human Services pursuant to NRS 425.365:

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

2. As to any other child, the Division and the prosecuting attorney shall, when such action is required by the Social Security Act, 42 U.S.C. §§ 301 et seq., take appropriate action to carry out the Program.

(Added to NRS by 1977, 721; A 1997, 2247; 2009, 944)

NRS 425.375 Participation in Program by counties; participating county required to pay cost of Program; withdrawal from Program by county.

1. Each county may participate in the Program. If a county participates in the Program, the county shall pay the cost of the Program in that county. Any services provided by the county under the Program must be provided in accordance with:

(a) Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any regulations adopted pursuant thereto;

(b) Any regulations adopted pursuant to NRS 425.365; and

2. If a county participates in the Program pursuant to subsection 1, the county may, on or before September 1 of each even-numbered year, elect to withdraw from the Program by submitting a notice of withdrawal to the Division. If a county submits a notice of withdrawal pursuant to this subsection, the withdrawal becomes effective on July 1 of the next following year.

(Added to NRS by 2009, 944)

NRS 425.380 Establishment of paternity and enforcement of support: Duty of district attorney; authority of Attorney General.

1. The district attorney is responsible for establishing paternity and securing support pursuant to this chapter in cases referred by the Division.

2. The Attorney General may assist any district attorney upon request.

3. If a district attorney fails or refuses to perform this duty in a particular case in which assistance is granted, or in which the establishment of paternity or enforcement of support is required, the Attorney General may undertake to perform this duty and may exercise in connection therewith all powers of the district attorney provided by law.

(Added to NRS by 1977, 722; A 1997, 2248)

PROCEDURE FOR JUDICIAL ENFORCEMENT

NRS 425.381 Master: Appointment; qualifications.

1. A master must be appointed as set forth in this section.

2. The district judges of:

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

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

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

4. A master serves at the pleasure of the district judges who appointed the master.

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

NRS 425.382 Authority of Chief and master.

1. Except as otherwise provided in NRS 425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, after:

(a) Payment of public assistance by the Division; or

(b) Receipt of a request for services to carry out the Program.

2. Subject to approval by the district court pursuant to NRS 425.3844, a master may:

(a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of NRS 130.305.

(b) Except as otherwise provided in chapter 130 of NRS and NRS 425.346:

(1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

(2) Require coverage for health care of a dependent child;

(3) Establish paternity;

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

(5) Order the withholding of income;

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

(7) Enforce orders by civil or criminal contempt, or both;

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

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

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

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

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

(13) Order the responsible parent to participate in a program intended to resolve issues that prevent the responsible parent from obtaining employment, including, without limitation, a program for the treatment of substance use disorders or a program to address mental health issues;

(14) Upon the request of the Division, require a responsible parent to:

(I) Pay any support owed in accordance with a plan approved by the Division; or

(II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the Division deems appropriate;

(15) Award reasonable attorney’s fees and other fees and costs; and

(16) Grant any other available remedy.

(Added to NRS by 1989, 1641; A 1991, 1031; 1993, 487, 2067; 1997, 2248, 2249; 2007, 256, 1229; 2009, 945)

NRS 425.3822 Notice and finding of financial responsibility: Issuance; service.

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

(a) Makes a payment of public assistance; or

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

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

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

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

1. The notice and finding of financial responsibility issued pursuant to NRS 425.3822 must include:

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

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

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

(e) A statement of any requirements the Division will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

(f) A statement that if the parent desires to discuss the amount of support or coverage for health care that the parent should be required to pay or provide, the parent may contact the office that sent the notice within 20 days after the date of receipt of service and request a conference for negotiation.

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

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

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

(j) A reference to NRS 425.382 to 425.3852, inclusive.

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

(l) A statement that if the parent has any questions, the parent may contact the office or consult an attorney.

(m) Such other information as the Chief finds appropriate.

2. The statement of the monthly support required pursuant to paragraph (b) of subsection 1 must be computed in accordance with the guidelines established by the Administrator pursuant to NRS 425.620.

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

(Added to NRS by 1989, 1634; A 1991, 1032; 1993, 487; 1997, 2250, 2251; 2007, 256; 2017, 2290)

NRS 425.3826 Notice and finding of financial responsibility: Additional requirements when paternity has not been legally established. If the paternity of the dependent child has not been legally established and a notice and finding of financial responsibility is to be served on the alleged parent, the notice must include:

1. The information required by NRS 425.3824.

2. An allegation that the person is the parent of the dependent child.

3. The name of the other parent of the child.

4. The date of birth of the child.

5. The probable period during which conception took place.

6. A statement that if the alleged parent does not send to the office issuing the notice and finding of financial responsibility a written response that denies paternity and requests a hearing, within the specified period, the master, without further notice to the alleged parent, may enter a recommendation that declares and establishes the person as the legal parent of the child.

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

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

1. If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

2. If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall:

(a) Include in that recommendation:

(1) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

(2) The amount of monthly support to be paid, including directions concerning the manner of payment.

(3) The amount of arrearages owed.

(4) Whether coverage for health care must be provided for the dependent child.

(5) Any requirements to be imposed pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

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

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

(8) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

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

(b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are provided to the enforcing authority.

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

4. The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

5. If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

(Added to NRS by 1989, 1636; A 1991, 1033; 1993, 487; 1997, 2252, 2253; 1999, 2682; 2007, 257, 2103; 2009, 945)

NRS 425.383 Modification or adjustment of order for support.

1. After the entry of a recommendation for the support of a dependent child by the master that has been approved by the district court pursuant to NRS 425.3844, or after entry of an order for the support of a dependent child by a district court regarding which the Chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, the responsible parent, the person entitled to support or the enforcing authority may move for the amount of the child support being enforced to be modified or adjusted in accordance with NRS 125B.145.

2. The motion must:

(a) Be in writing.

(b) Set out the reasons for the modification or adjustment.

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

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

4. The Chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The Chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by first-class mail to the last known address of those persons.

5. A motion for modification or adjustment requested pursuant to this section does not prohibit the Chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.

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

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

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

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

(Added to NRS by 1989, 1636; A 1991, 1034; 1993, 487; 1997, 2254, 2255; 2009, 946)

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

1. Except as otherwise provided in this chapter, a hearing conducted pursuant to NRS 425.382 to 425.3852, inclusive, must be conducted in accordance with the provisions of this section by a qualified master appointed pursuant to NRS 425.381.

2. Subpoenas may be issued by:

(a) The master.

(b) The attorney of record for the office.

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

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

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

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

6. A verified petition, an affidavit, a document substantially complying with federally mandated forms and a document incorporated by reference in any of them, not excluded under NRS 51.065 if given in person, is admissible in evidence if given under oath by a party or witness residing outside of the judicial district.

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

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

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

10. The master may:

(a) Conduct a hearing by telephone, audiovisual means or other electronic means outside of the judicial district in which the master is appointed.

(b) Permit a party or witness residing outside of the judicial district to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location outside of the judicial district.

Ê The master shall cooperate with courts outside of the judicial district in designating an appropriate location for the hearing, deposition or testimony.

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

12. A privilege against the disclosure of communications between a married couple does not apply.

13. The defense of immunity based on the relationship of a married couple or parent and child does not apply.

(Added to NRS by 1989, 1637; A 1991, 1034; 1993, 487; 1997, 2256; 2009, 947; 2017, 789)

NRS 425.3834 Enforcement of order approving recommendation for support; judicial review; effect of recommendation during judicial review.

1. Upon issuance by a district court of an order approving a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, the Chief shall enforce and collect upon the order, including arrearages.

2. A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, is final upon approval by the district court pursuant to NRS 425.3844. Upon such approval, the recommendation is in full force and effect while any judicial review is pending unless the recommendation is stayed by the district court.

3. The district court may review a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive. If a review is conducted, the district court:

(a) Shall, except as otherwise provided in paragraph (b), review the recommendation on the record of the case before the master.

(b) May, in extraordinary circumstances as determined by the district court, grant a trial de novo.

(Added to NRS by 1989, 1637; A 1991, 1035; 1993, 483, 487; 1997, 2257; 2009, 948)

NRS 425.3835 Court prohibited from staying proceeding or refusing hearing in certain circumstances; court required to hold hearing; court authorized to issue support order pendente lite. Except as otherwise required by the provisions of this chapter, a court of this state:

1. Shall not stay a proceeding or refuse a hearing pursuant to NRS 425.382 to 425.3852, inclusive, because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption or custody in this or any other state.

2. Shall hold a hearing pursuant to NRS 425.382 to 425.3852, inclusive, and may issue a support order pendente lite and, in aid thereof, require the obligor to give a bond for the prompt prosecution of the pending proceeding.

(Added to NRS by 1999, 169)

NRS 425.3836 Notice of intent to enforce court order for support; hearing; issuance of recommendation for support; effect of approval of recommendation; effect of noncompliance with order.

1. After the issuance of an order for the support of a dependent child by a court, the Chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent by certified mail, restricted delivery, with return receipt requested.

2. The notice must include:

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

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

(d) A demand that the responsible parent make full payment to the enforcing authority within 14 days after the receipt or service of the notice.

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

(f) A statement of any requirements the Division will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of support by the responsible parent or the participation of the responsible parent in work activities.

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

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

(i) A reference to NRS 425.382 to 425.3852, inclusive.

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

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

(l) Such other information as the Chief finds appropriate.

3. If a written response setting forth objections and requesting a hearing is received within the specified period by the office issuing the notice of intent to enforce the order, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the responsible parent by regular mail. If a written response and request for hearing is not received within the specified period by the office issuing the notice, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

(a) The amount of monthly support to be enforced, including directions concerning the manner of payment.

(b) The amount of arrearages owed and the manner of payment.

(d) Any requirements to be imposed pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

(e) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.

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

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

6. The master may hold a hearing to enforce a recommendation for the support of a dependent child after the recommendation has been entered and approved by the district court pursuant to NRS 425.3844. The master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding and recommendation is effective upon review and approval of the district court.

(Added to NRS by 1989, 1638; A 1991, 1035; 1993, 487; 1997, 2257, 2259; 2007, 258; 2009, 949)

NRS 425.3838 Establishment of paternity: Procedure when paternity not disputed.

1. The master may enter a recommendation establishing the paternity of a child during a proceeding concerning the support of a dependent child pursuant to NRS 425.382 to 425.3852, inclusive, if both parents sign affidavits or other sworn statements that paternity has not been legally established and that the male parent is the father of the child.

2. If there is only one alleged father and he does not file a response that denies paternity and requests a hearing within the period allowed in paragraph (g) of subsection 1 of NRS 425.3824, the master, without further notice to the alleged father, may enter a recommendation in accordance with NRS 425.3828 that declares and establishes the alleged father as the legal father of the child.

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

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

NRS 425.384 Establishment of paternity: Procedure when paternity is disputed.

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

(a) Paternity is alleged pursuant to NRS 425.3826 and a written response denying paternity and requesting a hearing is received by the Chief within the period allowed in paragraph (g) of subsection 1 of NRS 425.3824;

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

Ê The Division shall pay the costs of any tests conducted pursuant to this section. If the district court approves a recommendation establishing the paternity of a child pursuant to NRS 425.3844, the father shall reimburse the Division for the costs of those tests.

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

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

NRS 425.3841 Establishment of paternity: Recommendation for temporary support pending resolution of proceedings. Upon the motion of a party in a proceeding to establish paternity, the master shall issue a recommendation for the temporary support of the dependent child pending the resolution of the proceedings if the master determines that there is clear and convincing evidence that the person to whom the recommendation is issued is the father of the child.

(Added to NRS by 1997, 2240)

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

1. A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, must be furnished to each party or the attorney of the party at the conclusion of the proceedings or as soon thereafter as possible.

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

(a) A copy of the master’s recommendation;

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

(c) A concise statement setting forth the reasons that the party disagrees with the master’s recommendation, including any affirmative defenses that must be pleaded pursuant to the Nevada Rules of Civil Procedure;

(d) A statement of the relief requested;

(e) The notice and finding of financial responsibility if the Chief issued such a notice and finding; and

(f) Any other relevant documents.

3. If, within 10 days after receipt of the recommendation, a notice of objection is:

(a) Not filed, the recommendation entered by the master shall be deemed approved by the district court, and the clerk of the district court may file the recommendation pursuant to subsection 7 and judgment may be entered thereon; or

(b) Filed, the district court shall review the matter pursuant to NRS 425.3834.

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

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

6. If a recommendation entered by a master, including a recommendation establishing paternity, is deemed approved by the district court pursuant to paragraph (a) of subsection 3 and the recommendation modifies or adjusts a previous order for support issued by any district court in this State, that district court must be notified of the recommendation by the master.

7. Upon approval by the district court of a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, a copy of the recommendation, with the approval of the court endorsed thereon, must be filed:

(a) In the office of the clerk of the district court;

(b) If the order of the district court approving the recommendation of the master modifies or adjusts a previous order issued by any district court in this State, with the original order in the office of the clerk of that district court; and

8. A district court that approves a recommendation pursuant to this section shall ensure that, before the recommendation is filed pursuant to subsection 7, the social security numbers of the parents or legal guardians of the child are provided to the enforcing authority.

9. Upon the approval and filing of the recommendation as provided in subsection 7, the recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

(Added to NRS by 1989, 1640; A 1991, 1038; 1993, 484, 487; 1997, 2262; 1999, 2683; 2007, 2104; 2009, 950)

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

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

1. The Chief shall retain an annual fee of up to $35 in each case for which the Chief provides services from any amount collected in the case during the year in excess of $550, but only if the child for whom the collection is made and the person who has physical custody of the child in the case are not and have never been a recipient of Temporary Assistance for Needy Families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq.

2. Any fee collected pursuant to subsection 1 must be used to carry out the Program.

(Added to NRS by 2007, 1229; A 2019, 3722)

NRS 425.3848 Disposal of property by parent: Temporary restraining order; bond; notice of lis pendens.

1. If at any time after service, receipt or refusal of a notice pursuant to NRS 425.3824 and before the filing of an order for support of a dependent child, the Chief reasonably believes that the parent is about to transfer, encumber, convey, sell, remove, secrete, waste or otherwise dispose of property that could be made subject to an action for collection to satisfy the debt, the Chief may:

(a) Certify the matter to the district court; and

(b) Request a temporary restraining order which directs that the property not be disposed of pending entry of an order for support of a dependent child by the district court.

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

(a) States the reasons the Chief believes the parent is about to dispose of the property; and

(b) Includes a legal description of the property.

3. If the parent furnishes a good and sufficient bond that is satisfactory to the court, the temporary restraining order must be vacated.

4. A certified copy of an order entered pursuant to this section may be recorded in the same manner as a notice of lis pendens pursuant to paragraph (h) of subsection 1 of NRS 247.120.

(Added to NRS by 1989, 1640)

NRS 425.385 Certification of complex issues to district court; temporary support. Notwithstanding any other provision of this chapter, the master may certify a proceeding to establish an order for support of a dependent child or arrearages to the district court if the issues are complex or beyond the competence of the master. The master shall enter a temporary recommendation for support in such cases. The temporary support must be paid to the enforcing authority and held until final resolution of the case.

(Added to NRS by 1989, 1641; A 1991, 1038; 1993, 484, 487; 1997, 2263)

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

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

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

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

NRS 425.3855 Social security numbers of parents or legal guardians to be provided to enforcing authority. A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, or an order approving a recommendation for the support of a dependent child made by a master shall ensure that the social security numbers of the parents or legal guardians of the child are provided to the enforcing authority.

(Added to NRS by 1997, 2244; A 1999, 169, 2684, 2685; 2001, 195; 2007, 2105; 2009, 951)

COLLECTION, DISSEMINATION AND USE OF INFORMATION

NRS 425.390 Statement of responsible parent concerning ability to support child: Contents; additional statements; penalties.

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

(a) The current monthly income and total income of the responsible parent over the past 12 months;

(b) The number of dependents for whom the responsible parent is providing support;

(c) The amount which the responsible parent is contributing regularly toward the support of any child for whom assistance is granted;

(d) The current monthly living expenses of the responsible parent; and

(e) Such other information as is pertinent to determining the ability of the responsible parent to support his or her children.

2. The statement must be provided upon demand made by the Division, any agent of the state who enforces an order for the support of a child or a prosecuting attorney. Additional statements must be filed whenever there is a material change in the information given in the statement required under this section.

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

4. Any responsible parent who swears falsely to a material fact in any written statement required by this section is guilty of perjury.

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

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

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

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

(1) The State Registrar of Vital Statistics;

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

(3) Agencies responsible for keeping records concerning real property and personal property for which a title must be obtained;

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

(5) The Secretary of State;

(6) The Employment Security Division of the Department of Employment, Training and Rehabilitation;

(7) Agencies that administer public assistance;

(8) The Department of Motor Vehicles;

(9) The Department of Public Safety;

(10) The Department of Corrections; and

(11) Law enforcement agencies and any other agencies that maintain records of criminal history.

(b) The names and addresses of:

(1) The customers of public utilities and video service providers; and

(2) The employers of the customers described in subparagraph (1).

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

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

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

3. A disclosure made in good faith pursuant to subsection 1 does not give rise to any action for damages for the disclosure.

(Added to NRS by 1997, 2243; A 1999, 547; 2001, 2608; 2001 Special Session, 239; 2003, 289; 2007, 1391)

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

2. A board or commission which issues occupational or professional licenses, certificates or permits pursuant to title 54 of NRS shall, upon request of the Division, submit to the Division information regarding the name, address and social security number of each person who holds such a license, certificate or permit and any pertinent changes in that information.

3. The Division shall periodically provide the information obtained pursuant to this section and NRS 488.078, 502.063, 503.5833, 504.393 and 505.025 to the district attorneys and other public agencies in this state collecting support for children.

(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520)

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

(Added to NRS by 1993, 1031; A 1997, 2028, 2245; 1999, 520, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

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

1. Each district attorney or other public agency in this State collecting support for children shall compare the information received pursuant to NRS 425.395 against its cases to identify any person who is in arrears and holds such a license, certificate or permit.

2. The district attorney or other public agency shall notify each person so identified, by first-class mail, to give the person an opportunity to satisfy the claim before notice is given to the issuer of the license, certificate or permit of the arrearage.

3. If the person does not satisfy the arrearage, the district attorney or other public agency shall report the fact of the arrearage to the issuer of the license, certificate or permit. The Division shall similarly notify the issuer of the license, certificate or permit when the person thereafter pays the arrearage or otherwise satisfies the claim.

(Added to NRS by 1993, 1031; A 1997, 2245)

NRS 425.400 Registry of information concerning responsible parents: Establishment; requests for information and assistance; failure to comply with request; disclosure of information.

1. The Division may establish a central unit to serve as a registry for the receipt of information, for answering inquiries concerning responsible parents, to coordinate and supervise departmental activities in relation to responsible parents and to ensure effective cooperation with law enforcement agencies.

2. To effectuate the purposes of this section, the Administrator or a prosecuting attorney may, in addition to the information the Chief is authorized to request pursuant to NRS 425.393, request all information and assistance as authorized by this chapter from the following persons and entities:

(a) State, county and local agencies;

(b) Public and private employers;

(d) Financial institutions and entities which are in the business of providing credit reports; and

(e) Public utilities.

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

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

(b) Upon the request of the Division or the prosecuting attorney, provide all information on hand relative to the location, income and property of such a parent.

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

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

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

(a) The Attorney General;

(b) A district attorney;

(d) The resident parent, legal guardian, attorney or agent of a child who is not receiving Temporary Assistance for Needy Families pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.); or

(e) An agency of the Federal Government or of this or any other state as authorized by regulations of the Division adopted in accordance with the provisions of the Social Security Act.

(Added to NRS by 1977, 722; A 1981, 353; 1993, 485, 2788; 1997, 2263, 2264)

NRS 425.405 Adoption and enforcement of regulations for protection of privacy.

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

(a) Protect the privacy of persons involved in any action or proceeding for the establishment of paternity or the establishment or enforcement of an obligation for the support of a child; and

(b) Place appropriate restrictions on the custody, preservation, use and disclosure of any confidential information obtained by the enforcing authority in the course of such an action or proceeding or otherwise pursuant to this chapter.

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

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

(b) Prohibitions against the release of information regarding the location of a party to such an action or proceeding to another party:

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

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

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

(Added to NRS by 1997, 2240)

ADMINISTRATIVE PROCEDURES FOR ENFORCEMENT

NRS 425.410 Payment of support through enforcing authority; collection and use of damages for dishonored check, draft or extension of credit.

1. Whenever, as a result of any assignment or action, money for the support of a dependent child is paid, such payment must be paid to the enforcing authority upon written notice by the enforcing authority to the responsible parent and the person who cares for and has custody and control of the dependent child for whom a support obligation exists that the child is receiving public assistance, or that the enforcing authority has undertaken to secure support for the child for whom a support obligation exists.

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

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

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

NRS 425.420 Deposit of certain receipts in State General Fund. Except as otherwise required to carry out the provisions of 42 U.S.C. § 654b, all money collected in fees, costs, attorney’s fees, interest payments, incentive payments or other payments received by the Administrator which cannot be identified as to the support account to which it should be credited, must be deposited in the State General Fund.

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

NRS 425.430 Distribution of money recovered by enforcing authority. Except as otherwise provided in subsection 3 of NRS 425.410, any money recovered by the enforcing authority under this chapter must be distributed pursuant to regulations adopted by the Division which must not disqualify this state for federal grants under Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.).

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

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

(Added to NRS by 1977, 722)

NRS 425.450 Adjustment of orders for support.

1. The Division shall adopt regulations establishing a formula for:

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

(b) The times at which such an adjustment is appropriate.

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

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

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

(b) Notify the responsible parent, by first-class mail to the last known address of the responsible parent, of the amount of the additional payments and that the additional payments must be made within 30 days after the mailing of the notice to the parent unless a request for a review of the court order is filed pursuant to NRS 125B.145 within that time.

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

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

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

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

6. As used in this section, “court order” means an order that a court of this state has jurisdiction to modify pursuant to chapter 130 of NRS.

(Added to NRS by 1997, 2241; A 1997, 2347; 2017, 2291)

1. The Administrator shall enter into agreements with financial institutions doing business in this state to coordinate the development and operation of a system for matching data, using automated exchanges of data to the maximum extent feasible.

2. A financial institution doing business in this state shall:

(a) Cooperate with the Administrator in carrying out subsection 1.

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

(c) In response to the receipt from the Division or an agency for the enforcement of child support located in another state of:

(1) Notification of a lien against a responsible parent which:

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

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

Ê encumber all assets held by the financial institution on behalf of the responsible parent and surrender those assets upon the enforcement of the lien pursuant to those sections.

(2) A notice of attachment pursuant to subsection 2 of NRS 425.470, surrender to the Chief such assets held by the financial institution on behalf of the responsible parent as may be required by the Chief.

(d) Except as otherwise provided in paragraph (c), in response to the receipt of notice of a lien which is entitled to full faith and credit pursuant to NRS 125B.144 or notice of a levy on such a lien, encumber or surrender, as the case may be, such assets held by the financial institution on behalf of the responsible parent as may be required to enforce the lien.

Ê A financial institution doing business in this State which receives from the Division or an agency for the enforcement of child support located in another state a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien.

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

(a) Any disclosure of information to the Division or an agency for the enforcement of child support located in another state pursuant to this section.

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

4. If a court issues an order to return to a responsible parent any assets surrendered by a financial institution pursuant to subsection 2, the Division or an agency for the enforcement of child support located in another state is not liable to the responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for the payment of support.

(Added to NRS by 1997, 2241; A 2009, 952)

NRS 425.470 Collection of arrearages in payments of support; notice to responsible parent; request for hearing; good faith effort to resolve matter required before hearing.

1. The Chief shall send a notice by first-class mail to each responsible parent who is in arrears in any payment for the support of one or more children required pursuant to an order enforced by a court in this State. The notice must include a statement of the amount of the arrearage and the information prescribed in subsection 2.

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

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

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

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

4. The Chief shall determine the amount of any additional payment required pursuant to paragraph (a) of subsection 2 based upon the amount of the arrearage owed by the responsible parent and the ability of the responsible parent to pay.

5. A responsible parent against whom the Division proceeds pursuant to subsection 2 may, within 20 days after the responsible parent receives the notice required pursuant to subsection 3, submit to the Chief a request for a hearing. Before a hearing may be held, the responsible parent and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

6. If a hearing is requested within the period prescribed in subsection 5 and the responsible parent and the enforcing authority meet as required pursuant to subsection 5, the hearing must be held pursuant to NRS 425.3832 within 20 days after the Chief receives the request. The master shall notify the responsible parent of the recommendation or decision of the master at the conclusion of the hearing or as soon thereafter as is practicable.

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

(Added to NRS by 1997, 2242; A 2007, 260)

NRS 425.480 Fraudulent transfer of property by responsible parent: Duties of Division.

1. If the Division determines that a responsible parent has made a fraudulent transfer of property for which an action for relief may be brought pursuant to chapter 112 of NRS, the Division shall:

(a) Seek to avoid the transfer pursuant to NRS 112.210 or 112.220; or

(b) Obtain any other relief available pursuant to NRS 112.210 that is in the best interests of the child for whom the support is owed.

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

(Added to NRS by 1997, 2243)

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

1. After paternity is alleged pursuant to NRS 425.3826, and a written response denying paternity and requesting a hearing is received by the Chief pursuant to paragraph (g) of subsection 1 of NRS 425.3824, the Chief shall order blood tests or tests for the genetic identification of the child, mother and alleged father if the child, mother or alleged father submits to the Chief a written statement signed under oath which:

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

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

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

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

(Added to NRS by 1997, 2244)

SUSPENSION OF LICENSES, CERTIFICATES AND PERMITS FOR NONCOMPLIANCE WITH CERTAIN REQUIREMENTS

NRS 425.500 “Agency that issues a professional, occupational or recreational license, certificate or permit” defined. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] As used in NRS 425.500 to 425.560, inclusive, unless the context otherwise requires, “agency that issues a professional, occupational or recreational license, certificate or permit” means the Department of Wildlife and any officer, agency, board or commission of this State which is prohibited by specific statute from issuing or renewing a license, certificate or permit unless the applicant for the issuance or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the Division pursuant to NRS 425.520.

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

NRS 425.500 “Agency that issues a professional or occupational license, certificate or permit pursuant to title 54 of NRS” defined. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.] As used in NRS 425.500 to 425.560, inclusive, unless the context otherwise requires, “agency that issues a professional or occupational license, certificate or permit pursuant to title 54 of NRS” means any officer, agency, board or commission of this State which has the authority to regulate a profession or occupation pursuant to title 54 of NRS and which is prohibited by specific statute from issuing or renewing a license, certificate or permit unless the applicant for the issuance or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the Division pursuant to NRS 425.520.

(Added to NRS by 1997, 2025; A 2003, 1562; 2005, 2804, 2807, 2815; 2021, 1617, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

1. Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who:

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

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

Ê The notice must include the information set forth in subsection 2 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

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

(a) Comply with the subpoena or warrant;

(b) Satisfy the arrearage pursuant to NRS 425.560; or

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles and to the Department of Wildlife.

3. Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

4. If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child, the master shall include in the notice the information set forth in subsection 5. If the master determines that the person is in arrears in the payment for the support of one or more children, the master shall include in the notice the information set forth in subsection 6.

5. If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles and to the Department of Wildlife.

6. If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if the person does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, the driver’s license and motorcycle driver’s license of the person and any license or permit to hunt, fish or trap issued by the Department of Wildlife to the person pursuant to chapters 502 and 503 of NRS, may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles and to the Department of Wildlife.

7. The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, notify the Department of Motor Vehicles and the Department of Wildlife that the person has complied with the subpoena or warrant or has satisfied the arrearage.

8. For the purposes of this section, a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at the last known address of the person.

(Added to NRS by 1995, 949; A 1997, 2028; 1999, 520; 2001, 2609; 2007, 261; 2019, 387)

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

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

(a) Satisfy the arrearage pursuant to subsection 7; or

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

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

5. If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if the person does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, the driver’s license and motorcycle driver’s license of the person may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles.

6. The district attorney or other public agency shall, within 5 days after the person who is in arrears in the payment for the support of one or more children satisfies the arrearage pursuant to subsection 7, notify the Department of Motor Vehicles that the person has satisfied the arrearage.

7. For the purposes of this section:

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

(1) The person:

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

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

(2) The person has failed to provide medical insurance for a child as required by a court order.

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

(1) Paying all of the past due payments;

(2) If the person is unable to pay all past due payments:

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

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

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

(c) A person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at the last known address of the person.

(Added to NRS by 1995, 949; A 1997, 2028, 2030; 1999, 520; 2001, 2609; 2007, 261, 262, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

1. The Division shall prescribe, by regulation, a statement which must be submitted to an agency that issues a professional, occupational or recreational license, certificate or permit, other than the Department of Wildlife, by an applicant for the issuance or renewal of such a license, certificate or permit.

2. The statement prescribed pursuant to subsection 1 must:

(a) Provide the applicant with an opportunity to indicate that:

(1) The applicant is not subject to a court order for the support of a child;

(2) The applicant is subject to a court order for the support of one or more children and is in compliance with the order or is in compliance with a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order; or

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

(b) Include a statement that the application for the issuance or renewal of the license, certificate or permit will be denied if the applicant does not indicate on the statement which of the provisions of paragraph (a) applies to the applicant; and

(Added to NRS by 1997, 2025; A 1999, 169; 2003, 1563; 2005, 2807, 2808, 2815)

1. The Division shall prescribe, by regulation, a statement which must be submitted to an agency that issues a professional or occupational license, certificate or permit pursuant to title 54 of NRS by an applicant for the issuance or renewal of such a license, certificate or permit.

2. The statement prescribed pursuant to subsection 1 must:

(a) Provide the applicant with an opportunity to indicate that:

(1) The applicant is not subject to a court order for the support of a child;

(Added to NRS by 1997, 2025; A 1999, 169; 2003, 1563; 2005, 2804, 2807, 2808, 2815, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

1. Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

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

Ê The notice must include the information set forth in subsections 2 and 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

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

(a) Comply with the subpoena or warrant;

(b) Satisfy the arrearage pursuant to NRS 425.560; or

Ê the district attorney or other public agency shall request in writing that the master suspend all professional, occupational and recreational licenses, certificates and permits issued to that person, and any state business license issued to that person if he or she is conducting business in this State as a sole proprietor.

4. If the master receives from a district attorney or other public agency a request to suspend the professional, occupational and recreational licenses, certificates and permits issued to a person, and any state business license issued to that person if he or she is conducting business in this State as a sole proprietor, the master shall enter a recommendation determining whether the person:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

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

Ê As soon as practicable after the master enters a recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

5. If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable.

6. As used in this section, “professional, occupational and recreational licenses, certificates and permits” does not include licenses and permits to hunt, fish or trap issued by the Department of Wildlife pursuant to chapters 502 and 503 of NRS.

(Added to NRS by 1997, 2026; A 2005, 2807; 2007, 263; 2015, 2671; 2019, 389)

NRS 425.530 Notice to person who failed to pay support or comply with certain subpoenas or warrants; request for suspension of person’s licenses, certificates and permits; request for hearing; good faith effort to resolve matter required. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

1. Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS and:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

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

Ê The notice must include the information set forth in subsections 2 and 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

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

(a) Comply with the subpoena or warrant;

(b) Satisfy the arrearage pursuant to NRS 425.560; or

Ê the district attorney or other public agency shall request in writing that the master suspend any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to that person.

4. If the master receives from a district attorney or other public agency a request to suspend any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to a person, the master shall enter a recommendation determining whether the person:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

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

Ê As soon as practicable after the master enters a recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

(Added to NRS by 1997, 2026; A 2005, 2805, 2807; 2007, 263, 264; 2015, 2671; 2021, 1617, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

1. If a master enters a recommendation determining that a person:

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

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

Ê and the district court issues an order approving the recommendation of the master pursuant to NRS 425.3844, the court shall provide a copy of the order to the Secretary of State and all agencies that issue professional, occupational or recreational licenses, certificates or permits.

2. A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional, occupational or recreational license, certificate or permit to that person, and to the Secretary of State if he or she conducts business in this State as a sole proprietor, a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, the professional, occupational or recreational licenses issued to the person by that agency, or the state business license issued to the person to conduct business in this State as a sole proprietor by the Secretary of State, will be automatically suspended. Such an order must not apply to a license, certificate or permit issued by the State Land Registrar if that license, certificate or permit expires less than 6 months after it is issued.

3. If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

(a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

(b) If the person is in arrears in the payment for the support of one or more children:

(1) A copy of the court order;

(2) A statement of the amount of the arrearage; and

(3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

4. As used in this section, “professional, occupational and recreational licenses, certificates and permits” does not include licenses and permits to hunt, fish or trap issued by the Department of Wildlife pursuant to chapters 502 and 503 of NRS.

(Added to NRS by 1997, 2026; A 2003, 1563; 2005, 2807, 2815; 2009, 953; 2015, 2672; 2019, 390)

NRS 425.540 Dissemination and contents of court order approving recommendation of master determining that person has failed to pay support or comply with certain subpoenas or warrants; notification of person subject to order. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

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

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

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

Ê and the district court issues an order approving the recommendation of the master pursuant to NRS 425.3844, the court shall provide a copy of the order to all agencies that issue professional or occupational licenses, certificates or permits pursuant to title 54 of NRS.

2. A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to the person by that agency will be automatically suspended.

(a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

(b) If the person is in arrears in the payment for the support of one or more children:

(1) A copy of the court order;

(2) A statement of the amount of the arrearage; and

(3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2026; A 2003, 1563; 2005, 2806, 2807, 2815; 2009, 953; 2015, 2672; 2021, 1618, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 425.550 Issuance and dissemination of letter stating that person has complied with subpoena or warrant or satisfied arrearage. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] The district attorney or other public agency shall, within 5 days after a person who is subject to a court order issued pursuant to NRS 425.540 complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, provide to the person who is subject to the order a letter stating that the person has complied with the subpoena or warrant or has satisfied the arrearage. The district attorney or other public agency shall also mail a copy of that letter to all of the agencies to which a copy of the order was provided pursuant to NRS 425.540.

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

NRS 425.550 Issuance and dissemination of letter stating that person has complied with subpoena or warrant or satisfied arrearage. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.] The district attorney or other public agency shall, within 5 days after a person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS and is subject to a court order issued pursuant to NRS 425.540 complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, provide to the person who is subject to the order a letter stating that the person has complied with the subpoena or warrant or has satisfied the arrearage. The district attorney or other public agency shall also mail a copy of that letter to all of the agencies to which a copy of the order was provided pursuant to NRS 425.540.

(Added to NRS by 1997, 2027; A 2005, 2806, 2807, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

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

(a) The person:

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

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

(b) The person has failed to provide medical insurance for a child as required by a court order.

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

(a) Paying all of the past due payments;

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

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

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

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

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

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

(a) The person:

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

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

(b) The person has failed to provide medical insurance for a child as required by a court order.

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

(a) Paying all of the past due payments;

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

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

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

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

(Added to NRS by 1997, 2027; A 2005, 2807; 2021, 1619, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

GUIDELINES FOR SUPPORT OF CHILDREN

NRS 425.600 “Committee” defined. As used in this section and NRS 425.610 and 425.620, unless the context otherwise requires, “Committee” means the Committee to Review Child Support Guidelines created by NRS 425.610.

(Added to NRS by 2017, 2287)

NRS 425.610 Committee to Review Child Support Guidelines: Creation; membership; term; Chair; meetings; quorum.

1. The Committee to Review Child Support Guidelines is hereby created. The Committee consists of:

(a) The presiding judge of the Family Division of the Second Judicial District Court or his or her designee;

(b) The presiding judge of the Family Division of the Eighth Judicial District Court or his or her designee;

(c) One member who is a district court judge or master from a judicial district other than the Second or Eighth Judicial District, appointed by the Chief Justice of the Supreme Court;

(d) One member who is a justice or retired justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(e) One member who is a district attorney in Clark County, appointed by the governing body of the Nevada District Attorneys Association, or his or her designee;

(f) One member who is a district attorney in Washoe County, appointed by the governing body of the Nevada District Attorneys Association, or his or her designee;

(g) One member who is a district attorney in a county other than Clark or Washoe County, appointed by the governing body of the Nevada District Attorneys Association, or his or her designee;

(h) Two members who are members of the Family Law Section of the State Bar of Nevada, appointed by the Executive Council of the Family Law Section;

(i) One member who is an employee of the Division, appointed by the Administrator;

(j) One member who has expertise in economics and child support, appointed by the Administrator;

(k) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and

(l) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.

Ê If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the Governor.

2. Each appointed member serves a term of 4 years. Members may be reappointed for additional terms of 4 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

3. At the first regular meeting every 4 years, the members of the Committee shall elect a Chair by majority vote who shall serve until the next Chair is elected.

4. The Committee shall convene on or before September 1, 2017, and shall meet at least once every 4 years thereafter. The Committee may also meet at such further times as deemed necessary by the Chair.

5. A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Committee.

(Added to NRS by 2017, 2287)

NRS 425.620 Review of guidelines for support of children; recommendations of Committee; regulations of Administrator.

1. On or before July 1, 2018, the Committee shall review the existing guidelines established in this State for the support of one or more children and provide any recommendations for revisions to the Administrator.

2. The Administrator shall review and consider any recommendations of the Committee to revise the guidelines. After reviewing and considering such recommendations, the Administrator shall adopt regulations establishing the guidelines in this State for the support of one or more children in accordance with the requirements set forth in 42 U.S.C. § 667 and 45 C.F.R. § 302.56.

3. In accordance with the provisions of 42 U.S.C. § 667(a) and 45 C.F.R. § 302.56(e), the Committee shall review the guidelines established by regulation pursuant to subsection 2 at least once every 4 years to ensure the maintenance of effective, efficient and appropriate guidelines that best serve the interests of the children of this State and that comply with any requirements set forth in federal law.

4. After each review of the guidelines by the Committee pursuant to subsection 3, the Committee shall provide any recommendations for revisions to the Administrator. The Administrator shall review and consider any such recommendations and may revise or adopt any regulations that the Administrator deems appropriate.

5. The Administrator shall ensure that any recommendations for revisions to the guidelines received from the Committee pursuant to this section are made available to the public.

6. The regulations adopted pursuant to this section must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.

(Added to NRS by 2017, 2288)