Assembly Bill No. 278

Assembly Bill No. 278-Committee on Judiciary

March 17, 1997
____________

Referred to Committee on Judiciary

SUMMARY--Revises provisions governing alimony and child support. (BDR 11-928)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to domestic relations; providing a formula for determining the amount and duration of alimony under certain circumstances; making various other changes to provisions governing alimony; authorizing a court to order the parents of a minor parent to pay child support for the child of the minor parent; increasing the amount of money that a parent may be obligated to pay for the support of his child; providing for the allocation of expenses for health care and child care of a child; prohibiting the reduction in the amount of support ordered for the support of a child solely because of the birth of another child to the parent; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 125 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2 Unless the action is contrary to a premarital agreement between the parties that is enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court may:
(a) Award such alimony to either spouse, as appears just and equitable, in the manner provided pursuant to sections 3 to 8, inclusive, of this act; and
(b) Set apart a portion of the separate property of the husband for the support of the wife, the separate property of the wife for the support of the husband or the separate property of either spouse for the support of their children as the court deems just and equitable.
2. In the event of the death of either party to a divorce or the subsequent remarriage of the party to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless otherwise ordered by the court.
3. If a decree of divorce, or an agreement between the parties that was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, that have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the federal income tax return of the spouse for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.
Sec. 3 Except as otherwise provided in section 7 of this act, in determining the amount of alimony, if any, to award pursuant to paragraph (a) of subsection 1 of section 2 of this act, if the length of the marriage is at least 7 years, the court shall determine the amount and duration of alimony according to the formulas set forth in sections 4, 5 and 6 of this act.
Sec. 4 1. In determining alimony, the court shall:
(a) Compute the gross monthly income of each spouse by:
(1) Determining the total amount of expected and reasonably foreseeable potential annual income which will be obtained from any source after the divorce;
(2) Deducting from that amount all ordinary and necessary business expenses, except for personal income tax, contributions made for retirement benefits and contributions to a pension; and
(3) Dividing that amount by 12.
(b) Compute the monthly tax burden of each spouse that is based on income by:
(1) Determining the total annual amount of any expected and reasonably foreseeable federal and state taxes which will be owed by each spouse after the divorce that are calculated based on the income of the spouse; and
(2) Dividing that amount by 12.
(c) Compute the net monthly income after taxes for each spouse by subtracting from the gross monthly income of each spouse determined pursuant to paragraph (a):
(1) The monthly tax burden of the spouse determined pursuant to paragraph (b); and
(2) The monthly obligation for child support, if any, which the spouse has been ordered to pay.
2. After performing the calculations set forth in subsection 1, the spouse with the lesser monthly income after taxes shall be deemed the obligee. The other spouse shall be deemed the obligor.
3. The court shall determine the difference in the incomes of the spouses by subtracting the net monthly income after taxes of the obligee determined pursuant to paragraph (c) of subsection 1 from the net monthly income after taxes of the obligor determined pursuant to paragraph (c) of subsection 1.
Sec. 5 1. After determining the difference in the incomes of the spouses pursuant to section 4 of this act, the court shall:
(a) Multiply the number of years of the marriage beyond 5 years by 1.25 percent.
(b) Multiply the number of years of age of the obligee beyond 30 years by 0.5 percent.
(c) Assign the appropriate percentage for the education of the obligee as follows:
(1) Seven and one-half percent if the obligee has not attended a postsecondary educational institution;
(2) Five percent if the obligee has attended a postsecondary educational institution but does not have a baccalaureate degree from an accredited college or university;
(3) Two and one-half percent if the obligee has a baccalaureate degree from an accredited college or university; or
(4) Zero if the obligee has a professional or post-baccalaureate degree.
(d) Assign the appropriate percentage for any disability of the obligee as follows:
(1) Eight percent if the court finds that the obligee suffers from a permanent total disability;
(2) Six percent if the court finds that the obligee suffers from a permanent partial disability;
(3) Four percent if the court finds that the obligee suffers from a temporary total disability;
(4) Two percent if the court finds that the obligee suffers from a temporary partial disability; or
(5) Zero if the court finds that the obligee does not suffer from a disability.
2. The court shall add the percentages determined pursuant to paragraphs (a) to (d), inclusive, of subsection 1. If the sum of the percentages is 50 percent or less, that sum is the factor to be applied for determining the amount of alimony. If the sum of the percentages exceeds 50 percent, the factor to be applied for determining the amount of alimony is 50 percent. If the sum of the percentages is less than 15 percent, the court may decline to award any alimony.
3. To determine the monthly amount of alimony that the obligee may receive, the court shall multiply the difference in the incomes of the spouses determined pursuant to subsection 3 of section 4 of this act by the factor determined pursuant to subsection 2. The product is the monthly amount of alimony that the obligee is entitled to receive.
Sec. 6 To determine the number of years that monthly payments of alimony must be made, the court shall:
1. Multiply the number of years of the marriage beyond 5 years by 0.375.
2. Multiply the number of years of age of the obligee beyond 30 years by 0.1.
3. Assign the appropriate number of years to grant for the education of the obligee as follows:
(a) One and one-half years if the obligee has not attended a postsecondary educational institution;
(b) One year if the obligee has attended a postsecondary educational institution but does not have a baccalaureate degree from an accredited college or university;
(c) One-half of one year if the obligee has a baccalaureate degree from an accredited college or university; or
(d) Zero if the obligee has a professional or post-baccalaureate degree.
4. Assign the appropriate number of years for any disability of the obligee as follows:
(a) Six years if the court finds that the obligee suffers from a permanent total disability;
(b) Four and one-half years if the court finds that the obligee suffers from a permanent partial disability;
(c) Three years if the court finds that the obligee suffers from a temporary total disability;
(d) One and one-half years if the court finds that the obligee suffers from a temporary partial disability; or
(e) Zero if the court finds that the obligee does not suffer from a disability.
5. Add the number of years determined pursuant to subsections 1 to 4, inclusive. The sum is the number of years that the monthly payments of alimony determined pursuant to section 5 of this act must be made.
Sec. 7 In granting a divorce, if the court makes a finding that there is good cause, or if the length of the marriage is less than 7 years, the court may deviate from the amount or duration of alimony determined pursuant to the formulas set forth in sections 4, 5 and 6 of this act. In determining whether good cause exists, the court may consider any relevant factor, including, without limitation:
1. The length of the marriage;
2. The age and the life expectancy of each spouse;
3. The physical and mental health of each spouse;
4. The contribution during the marriage by one spouse to the education, training or earning capacity of the other spouse and any increase in the level of education of a spouse obtained during the marriage;
5. The extent to which the present and future earning capacity of one spouse is impaired because that spouse has not worked for an extended period;
6. The extent to which acceptable opportunities for employment are unavailable to a spouse because of his age;
7. The length of time reasonably necessary for a spouse to obtain training or to update his skills;
8. The extent to which a party has achieved a substantially advantageous economic position during the marriage through the combined effort of the spouses;
9. The standard of living established during the marriage;
10. The number of dependents of each spouse and the age, health and any other condition of such dependents;
11. The provisions of an order relating to the custody of any dependents, including, without limitation, the length of time that any obligations for the support of a child will be effective and the impact of the custody provisions of the order on the ability of a spouse to work;
12. The tax liabilities and benefits to each spouse as a result of the divorce, including, without limitation, the tax effect of alimony pursuant to sections 71 and 215 of the Internal Revenue Code (26 U.S.C. §§ 71 and 215), and future amendments to those sections and corresponding provisions of future internal revenue laws;
13. The amount of monthly income after taxes of each spouse after considering the overall financial situation of that spouse, including, without limitation, any outstanding mortgages or legal fees and costs;
14. The anticipated cost of health care for each spouse;
15. The amount and characterization of property that each spouse will receive pursuant to NRS 125.150, including, without limitation, separate property;
16. The amount of any future retirement income that each spouse will receive;
17. The length of time of physical separation of the spouses before the divorce;
18. Whether it would be more just and equitable to grant a spouse a lump-sum award of alimony; and
19. The amount and duration of any alimony awarded pursuant to section 8 of this act.
Sec. 8 1. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
2. If the court determines that alimony should be awarded for the purpose of obtaining training or education pursuant to the provisions of subsection 1:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the skills of the recipient relating to a job, career or profession;
(2) Evaluation of the abilities and goals of the recipient relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of the costs of an employer incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses that are directly applicable to the goals of the recipient for his career; or
(III) Courses of training in skills desirable for employment.
Sec. 9 NRS 125.150 is hereby amended to read as follows:
125.150Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court [:
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and
(b) Shall,] shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
2. Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
(a) The intention of the parties in placing the property in joint tenancy;
(b) The length of the marriage; and
(c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.
As used in this subsection, "contribution" includes , without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
3. Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney's fee to either party to an action for divorce if those fees are in issue under the pleadings.
4. [In granting a divorce, the court may also set apart such portion of the husband's separate property for the wife's support, the wife's separate property for the husband's support or the separate property of either spouse for the support of their children as is deemed just and equitable.
5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6.] If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
[7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse's federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony he has been ordered to pay.
8. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
9. If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipient's skills relating to a job, career or profession;
(2) Evaluation of the recipient's abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employer's costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipient's goals for his career; or
(III) Courses of training in skills desirable for employment.]
Sec. 10 NRS 125.510 is hereby amended to read as follows:
125.5101. In determining the custody of a minor child in an action brought [under] pursuant to this chapter, the court may:
(a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.
The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court's own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.
4. A party may proceed pursuant to this section without counsel.
5. Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, "sufficient particularity" means a statement of the rights in absolute terms and not by the use of the term "reasonable" or other similar term which is susceptible to different interpretations by the parties.
6. All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:

PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

7. In addition to the language required pursuant to subsection 6, all orders authorized by this section must specify that the terms of the Hague Convention of October 25, 1980, adopted by the 14th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign country.
8. If a parent of the child lives in a foreign country or has significant commitments in a foreign country:
(a) The parties may agree, and the court shall include in the order for custody of the child, that the United States is the country of habitual residence of the child for the purposes of applying the terms of the Hague Convention as set forth in subsection 7.
(b) Upon motion of one of the parties, the court may order the parent to post a bond if the court determines that the parent poses an imminent risk of wrongfully removing or concealing the child outside the country of habitual residence. The bond must be in an amount determined by the court and may be used only to pay for the cost of locating the child and returning him to his habitual residence if the child is wrongfully removed from or concealed outside the country of habitual residence. The fact that a parent has significant commitments in a foreign country does not create a presumption that the parent poses an imminent risk of wrongfully removing or concealing the child.
9. Except as otherwise provided in chapter 125B of NRS or except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age [if he is no longer enrolled in] or graduates from high school, [otherwise, when he] whichever occurs later, except that the obligation ceases whenever the child reaches 19 years of age [.] , regardless of whether he has graduated from high school.
10. As used in this section, a parent has "significant commitments in a foreign country" if he:
(a) Is a citizen of a foreign country;
(b) Possesses a passport in his name from a foreign country;
(c) Became a citizen of the United States after marrying the other parent of the child; or
(d) Frequently travels to a foreign country.
Sec. 11 NRS 125B.020 is hereby amended to read as follows:
125B.0201. The parents of a child (in this chapter referred to as "the child") have a duty to provide the child necessary maintenance, health care, education and support.
2. They are also liable, in the event of the [child's death, for its] death of the child, for his funeral expenses.
3. The father is also liable to pay the expenses of the [mother's] pregnancy and confinement [.] of the mother.
4. The obligation of the parent to support the child under the laws for the support of poor relatives applies to children born out of wedlock.
5. If a parent with an obligation of support pursuant to this chapter is less than 18 years of age, the court may order that the parents of the minor parent are jointly liable for such support. The obligation for support must be determined based on the actual gross monthly income or the actual earning capacity of the minor parent, and not on the gross monthly income of the parents of the minor parent.
Sec. 12 NRS 125B.070 is hereby amended to read as follows:
125B.0701. As used in this section and NRS 125B.080, unless the context otherwise requires:
(a) "Gross monthly income" means the total amount of income from any source of a wage-earning employee or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses [,] and deduction of any amount paid pursuant to an obligation for support of another child that was established at an earlier date, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses. The term does not include the share of the income that a person is entitled to from his spouse through community property.
(b) "Obligation for support" means the amount determined according to the following schedule:
(1) For one child, 18 percent;
(2) For two children, 25 percent;
(3) For three children, 29 percent;
(4) For four children, 31 percent; and
(5) For each additional child, an additional 2 percent,
of [a parent's] the gross monthly income [, but not more than $500 per month per child for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.
2. On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section] of a parent up to $10,000, unless the court awards a different amount of support pursuant to NRS 125B.080. For the portion of the gross monthly income of a parent that exceeds $10,000, the court may impose an additional obligation of support if the court sets forth findings of fact regarding the basis for the additional award of support.
2. The legislative commission shall appoint an independent committee of experts in the field of support of children every 4 years to review the laws for the support of children to determine whether any legislative modifications are advisable . [and] The State Bar of Nevada may recommend to the legislative commission persons qualified to serve on the committee. On or before the third Monday in January of the next odd-numbered year following the appointment of the committee, the committee shall provide a written report to the [legislature their] legislative commission regarding its findings and any proposed amendments.
Sec. 13 NRS 125B.080 is hereby amended to read as follows:
125B.0801. A court shall apply the appropriate formula set forth in paragraph (b) of subsection 1 of NRS 125B.070 to:
(a) Determine the required support in any case involving the support of children.
(b) Any request filed after July 1, 1987, to change the amount of the required support of children.
2. If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in paragraph (b) of subsection 1 of NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection [9] 12 which justify the deviation to the court, and the court shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.
3. If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including , without limitation, income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in paragraph (b) of subsection 1 of NRS 125B.070, any subsequent modification or adjustment of that support must be based upon changed circumstances or as a result of a review conducted pursuant to NRS 125B.145.
4. Notwithstanding the formulas set forth in paragraph (b) of subsection 1 of NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
5. It is presumed that the basic needs of a child are met by the formulas set forth in paragraph (b) of subsection 1 of NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.
6. If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall:
(a) Set forth findings of fact as to the basis for the deviation from the formula; and
(b) Provide in the findings of fact the amount of support that would have been established under the applicable formula.
7. [Expenses] In determining the required support in any case involving the support of a child pursuant to this chapter, the court shall seek to ensure that the child benefits from the income of his noncustodial parent to the same extent that he would if his noncustodial parent and his custodial parent were married.
8. Except if extraordinary circumstances exist, expenses for health care which are not reimbursed, including , without limitation, expenses for medical, surgical, dental, orthodontic and optical expenses [,] and medical or dental insurance, must be [borne equally by] allocated between both parents in [the absence of extraordinary circumstances.
8.] proportion to their gross monthly incomes, as adjusted to reflect the amount of support received or paid by each parent for the child.
9. Except if extraordinary circumstances exist, expenses for the care of a child incurred to allow the custodial parent to work must be allocated between both parents in proportion to their gross monthly incomes, as adjusted to reflect the amount of support received or paid by each parent for the child.
10. If a parent who has an obligation for support is willfully underemployed or unemployed, [to avoid an obligation for support of a child,] that obligation must be based upon the [parent's] true potential earning capacity [.
9.] of the parent.
11. If one parent is awarded physical custody of a child and the other parent is awarded physical custody of another child of the couple, the court shall determine the amount of the obligation for support of each parent pursuant to the provisions of this chapter and shall directly offset the amount of the obligations for support against each other.
12. The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
(a) [The cost of health insurance;
(b) The cost of child care;
(c)] Any special educational needs of the child;
[(d)] (b) The age of the child;
[(e) The responsibility of the parents for the support of others;
(f)] (c) The value of services contributed by either parent;
[(g)] (d) Any public assistance paid to support the child;
[(h)] (e) Any expenses reasonably related to the [mother's] pregnancy and confinement [;
(i)] of the mother;
(f) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;
[(j)] (g) The amount of time the child spends with each parent; and
[(k)] (h) Any other necessary expenses for the benefit of the child . [; and
(l) The relative income of both parents.]
Sec. 14 NRS 125B.145 is hereby amended to read as follows:
125B.1451. An order issued by any court or expedited process for the support of a child that is being enforced in this state must be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified or adjusted. [If] Except as otherwise provided in subsection 3, if the court determines that modification or adjustment of the order is appropriate, the court shall enter an order modifying or adjusting the previous order for support. Any review of an order for the support of a child must [utilize] use the formula required by NRS 125B.070. The review must be conducted by the court upon the filing of a request for review by:
(a) The welfare division of the department of human resources or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or
(b) A parent or legal guardian of the child.
2. An order for the support of a child may be reviewed at any time on the basis of changed circumstances.
3. The amount of support provided in an order for the support of a child must not be reduced because of:
(a) The birth of another child to the parent who has the obligation for support; or
(b) The establishment of another order for support of any such child,
regardless of whether the gross monthly income of the parent decreases.
4. Except as otherwise provided in subsection 3, the court may enter an order modifying or adjusting an order for support based on a modification or adjustment to a previously existing order for support.
5. As used in this section, "expedited process" has the meaning ascribed to it in NRS 125B.140.
Sec. 15 NRS 31A.025 is hereby amended to read as follows:
31A.0251. Except as otherwise provided in subsection 2, [whenever] an order requiring a parent to make payments for the support of a child [includes] must include an order directing the withholding of wages and commissions for the payment of the support . [, the] The procedure provided by this chapter for the withholding of income must be initiated immediately unless:
(a) All parties agree in writing that there should be no immediate withholding; or
(b) The court finds good cause for the postponement of withholding. Except as otherwise provided in this paragraph, a finding of good cause must be based on a written finding by the court that the immediate withholding of income would not be in the best interests of the child. In an action for modification or adjustment of a previous order for the support of a child, a finding of good cause may be based on evidence of timely payment by the parent under the previous order for support.
2. In the case of any order requiring a parent to make payments for the support of a child:
(a) That does not include an order directing the withholding of wages and commissions for the payment of the support; or
(b) In connection with which:
(1) Good cause has been found by a court for the postponement of withholding; or
(2) All parties have agreed in writing that there should be no immediate withholding,
the procedure for the withholding of income must be initiated at the time the responsible parent becomes delinquent in paying the support of a child in an amount equal to the amount he has been ordered to pay for a 30-day period.
Sec. 16 The legislative commission shall appoint the first committee pursuant to the amendatory provisions of subsection 2 of NRS 125B.070 as soon as practicable after final adjournment of the 70th session of the legislature.