Senate Bill No. 186–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to child support; imposing a fee upon an obligor of child support who is subject to withholding of income by his employer; providing for the collection and administration of that fee; 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 31A of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  The State Treasurer shall charge an obligor a fee of $2 for

each withholding of income for the payment of support made by

an employer pursuant to this chapter, except that the fee must not

be charged to an obligor more than two times during any month.

    2.  All such fees received by the State Treasurer from

employers pursuant to NRS 31A.080 must be accounted for

separately in the State General Fund.

    3.  The account created pursuant to subsection 2 must be

administered by the State Welfare Administrator. The money in

the account must be distributed among each enforcing authority

pursuant to regulations adopted by the State Welfare

Administrator pursuant to NRS 425.365.

    Sec. 2.  NRS 31A.070 is hereby amended to read as follows:

    31A.070  1.  The enforcing authority shall mail, by first-class

mail, a notice to withhold income to an obligor’s employer:

    (a) If the provisions of subsection 2 of NRS 31A.025 apply,

immediately upon determining that the obligor is delinquent in the

payment of support; or

    (b) If the provisions of subsection 2 of NRS 31A.025 do not

apply, immediately upon the entry of the order of support.

    2.  If an employer of an obligor does not begin to withhold

income from the obligor after receiving the notice to withhold

income that was mailed pursuant to subsection 1, the enforcing

authority shall mail, by certified mail, return receipt requested,

another notice to withhold income to the employer.

    3.  A notice to withhold income may be issued electronically

andmust:

    (a) Contain the social security number of the obligor;

    (b) Specify the amount to be withheld from the income of the

obligor;

    (c) Specify the [amount of the fee] amounts of the fees

authorized in NRS 31A.090 [for the employer;] and required in

section 1 of this act;

    (d) Describe the limitation for withholding income prescribed in

NRS 31.295;

    (e) Describe the prohibition against terminating the employment

of an obligor because of withholding and the penalties for

wrongfully refusing to withhold pursuant to the notice to withhold

income;

    (f) Specify that, pursuant to NRS 31A.160, the withholding of

income to enforce an order of a court for child support has priority

over other proceedings against the same money; and

    (g) Explain the duties of an employer upon the receipt of the

notice to withhold income.

    Sec. 3.  NRS 31A.080 is hereby amended to read as follows:

    31A.080  An employer who receives a notice to withhold

income shall:

    1.  Withhold the amount stated in the notice from the income

due the obligor beginning with the first pay period that occurs

within 14 days after the date the notice was mailed to the employer

and continuing until the enforcing authority notifies him to

discontinue the withholding;

    2.  Deliver the money withheld to the enforcing authority within

7 days after the date of each payment of the regularly scheduled

payroll of the employer; [and]

    3.  Deduct from the income due the obligor after the

withholding pursuant to subsection 1, the fee set forth in section 1

of this act;

    4.  Deliver to the State Treasurer, at least quarterly, all money

deducted as fees pursuant to subsection 3; and

    5.  Notify the enforcing authority and the State Treasurer when

the obligor subject to withholding terminates his employment, and

provide the last known address of the obligor and the name of any

new employer of the obligor, if known.

    Sec. 4.  NRS 31A.090 is hereby amended to read as follows:

    31A.090  1.  A notice to withhold income is binding upon any

employer of an obligor to whom it is mailed. To reimburse the

employer for his costs in making the withholding, he may deduct $3

from the amount paid the obligor each time he makes a withholding.

    2.  If an employer receives notices to withhold income for more

than one employee, he may [pay the] consolidate the amounts of

money that are payable to:

    (a) The enforcing authority [the amounts withheld] and pay

those amounts with one [check, but he] check; and

    (b) The State Treasurer and pay those amounts with one

check,

but the employer shall attach to [the] each check a statement

identifying by name and social security number each obligor for

whom payment is made and the amount transmitted for that obligor.

    3.  An employer shall cooperate with and provide relevant

information to an enforcing authority as necessary to enable it to

enforce an obligation of support. A disclosure made in good faith

pursuant to this subsection does not give rise to any action for

damages resulting from the disclosure.

    Sec. 5.  The amendatory provisions of this act apply to a

withholding of income for the payment of support for a child that is

withheld on or after July 1, 2003.

    Sec. 6.  This act becomes effective on July 1, 2003.

 

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