NRS: CHAPTER 31A - ENFORCEMENT OF OBLIGATIONS FOR SUPPORT OF CHILDREN

[Rev. 6/29/2024 2:48:24 PM--2023]

CHAPTER 31A - ENFORCEMENT OF OBLIGATIONS FOR SUPPORT OF CHILDREN

GENERAL PROVISIONS

NRS 31A.010 Definitions.

NRS 31A.012 “Court” defined.

NRS 31A.0125 “Disposable earnings” defined.

NRS 31A.013 “Division of Welfare and Supportive Services” defined.

NRS 31A.0135 “Employer” defined.

NRS 31A.014 “Enforcing authority” defined.

NRS 31A.016 “Income” defined.

NRS 31A.0165 “Income payer” defined.

NRS 31A.017 “Lump sum payment” defined.

NRS 31A.018 “Notice to withhold income” defined.

NRS 31A.019 “Obligor” defined.

NRS 31A.021 “State” defined.

NRS 31A.022 “Written notice” defined.

APPLICABILITY OF CHAPTER

NRS 31A.024 Applicability of chapter to order issued by court of another state.

WITHHOLDING OF INCOME

NRS 31A.025 Initiation of procedure for withholding of income; exceptions.

NRS 31A.030 Calculation of amount to be withheld; allocation of amount available from withholding.

NRS 31A.040 Notice to obligor who is subject to withholding.

NRS 31A.050 Hearing to contest withholding; grounds; exceptions.

NRS 31A.060 Determination by court; assessment of costs and attorney’s fees; notice.

NRS 31A.070 Notice to income payer to withhold income; contents; notice may be issued electronically.

NRS 31A.072 Withholding of certain lump sum payments.

NRS 31A.075 Fee to be imposed for each withholding of income: Amount; separate accounting; distribution.

NRS 31A.080 Duties of income payer upon receipt of notice to withhold or written notice.

NRS 31A.090 Written notice or notice to withhold binding upon income payer; income payer may deduct amount for reimbursement of costs; electronic transfer of payments by income payer; duty of income payer to disclose information; immunity.

NRS 31A.095 Enforcement proceedings against income payer for refusal to withhold and other improper acts; remedies and penalties.

NRS 31A.100 Immunity for complying income payer; discharge of liability of income payer to obligor; immunity for enforcing authority.

NRS 31A.110 Collection of obligation for support of spouse or former spouse in conjunction with support for child.

NRS 31A.120 Prohibition against discharge, discipline or refusal to hire obligor because of withholding; liability of income payer for refusal to withhold and other improper acts.

NRS 31A.130 Regulations governing documentation and distribution of payments.

NRS 31A.140 Duty of person or entity for whom support is being collected to notify enforcing authority of change of address.

NRS 31A.150 Other sources of money from which support may be withheld; duty of public entity upon receipt of notice to withhold.

NRS 31A.160 Order to withhold income for support has priority over other claims against money; other remedies for collection of support not precluded.

NRS 31A.180 Modification of amount withheld.

NRS 31A.190 Voluntary request for withholding.

ASSIGNMENT OF INCOME

NRS 31A.250 Court may order assignment of income.

NRS 31A.270 Calculation of amount to be assigned.

NRS 31A.280 Effect of order for assignment; duty of income payer to cooperate; modification of amount assigned; reimbursement of income payer; refusal of income payer to honor assignment; discharge of liability of income payer to pay amount assigned.

NRS 31A.290 Prohibition against discharge or discipline of obligor as result of assignment.

NRS 31A.300 Payments to be made to enforcing authority; district attorney may enforce order; duty of enforcing authority to disburse payments.

NRS 31A.310 Duty of person or entity for whom support is being collected to notify court and income payer of obligor of change of address.

NRS 31A.320 Petition by obligor to terminate order of assignment.

NRS 31A.330 Other sources of money from which support may be withheld; duty of public entity upon receipt of order of assignment.

HEALTH INSURANCE

NRS 31A.350 Enrollment of child in plan of health insurance; notice to enroll; deduction of premiums from wages of parent; withholding of state tax refunds; liability for refusing to enroll child or misrepresenting information; immunity from liability for complying with notice; remedy not exclusive.

_________

GENERAL PROVISIONS

NRS 31A.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 31A.012 to 31A.022, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1985, 1425; A 1987, 2243; 1989, 673; 1993, 542; 1997, 2271; 2021, 2277)

NRS 31A.012 “Court” defined. “Court” means:

1. The district court; or

2. When the context requires, 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 1997, 2270)

NRS 31A.0125 “Disposable earnings” defined. “Disposable earnings” has the meaning ascribed to it in NRS 31.295.

(Added to NRS by 2021, 2276)

NRS 31A.013 “Division of Welfare and Supportive Services” defined. “Division of Welfare and Supportive Services” means the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(Added to NRS by 1997, 2271)—(Substituted in revision for NRS 31A.023)

NRS 31A.0135 “Employer” defined. “Employer” means a person or entity that employs an obligor as an employee or independent contractor.

(Added to NRS by 2021, 2276)

NRS 31A.014 “Enforcing authority” defined. “Enforcing authority” means the Division of Welfare and Supportive Services, its designated representative or the district attorney.

(Added to NRS by 1997, 2270)

NRS 31A.016 “Income” defined. “Income” includes, but is not limited to:

1. Wages, salaries, bonuses and commissions, regardless of the frequency of payment;

2. Any money from which support may be withheld pursuant to NRS 31A.150 or 31A.330;

3. Any other money due as a pension, unemployment compensation, a benefit because of disability or retirement, or as a return of contributions and interest;

4. Any lump sum payments; and

5. Any compensation of an independent contractor, including, without limitation, any compensation described in subsections 1 to 4, inclusive, as applicable.

(Added to NRS by 1997, 2270; A 2021, 2278)

NRS 31A.0165 “Income payer” defined. “Income payer” means any employer, person or other entity required to withhold and deliver income pursuant to NRS 31A.025 to 31A.190, inclusive.

(Added to NRS by 2021, 2277)

NRS 31A.017 “Lump sum payment” defined. “Lump sum payment” means:

1. A commission;

2. A discretionary or nondiscretionary bonus;

3. A productivity or performance bonus;

4. Profit sharing;

5. A referral or sign-on bonus;

6. An incentive payment for moving or relocation;

7. An attendance award;

8. A safety award;

9. A cash payment award;

10. Termination pay;

11. Severance pay; and

12. Any other one-time, unscheduled or irregular payment of compensation.

(Added to NRS by 2021, 2277)

NRS 31A.018 “Notice to withhold income” defined. “Notice to withhold income” means a notice issued pursuant to NRS 31A.070.

(Added to NRS by 1997, 2271)

NRS 31A.019 “Obligor” defined. “Obligor” means a person who is liable or alleged to be liable for the support of a child.

(Added to NRS by 1997, 2271)

NRS 31A.021 “State” defined. “State” has the meaning ascribed to it in NRS 130.10179.

(Added to NRS by 1997, 2271; A 1997, 2348)

NRS 31A.022 “Written notice” defined. “Written notice” means the notice issued pursuant to subsection 3 of NRS 31A.072.

(Added to NRS by 2021, 2277)

APPLICABILITY OF CHAPTER

NRS 31A.024 Applicability of chapter to order issued by court of another state. 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, 2271; A 1997, 2348)

WITHHOLDING OF INCOME

NRS 31A.025 Initiation of procedure for withholding of income; exceptions.

1. Except as otherwise provided in subsection 4, whenever a court order requiring an obligor to make payments for the support of a child includes an order directing the withholding of income for the payment of the support, the procedure provided by this chapter for the withholding of income must be carried out 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.

2. Except as otherwise provided in subsection 3, a finding of good cause pursuant to paragraph (b) of subsection 1 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. A finding that the immediate withholding of income would not be in the best interests of the child may be based on evidence that:

(a) The obligor has not been found to be in arrears for the payment of child support and is willing and able to pay the amount ordered by the court;

(b) The obligor was unaware that the obligor was the parent of the child for whom the obligor owes an obligation of support during any time in which an arrearage for the payment of child support accrued and is willing and able to pay the amount ordered by the court; or

(c) The obligor has provided full payment of the obligor’s obligation for support for each of the immediately preceding 12 months.

3. 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 payment in a timely manner by the obligor under the previous order for support.

4. In the case of any court order requiring an obligor to make payments for the support of a child:

(a) That does not include an order directing the withholding of income for the payment of the support; or

(b) In connection with which:

(1) Good cause has been found by the court for the postponement of withholding; or

(2) All parties have agreed in writing that there should be no immediate withholding,

Ê the procedure for the withholding of income must be carried out when the obligor becomes delinquent in paying the support of a child. The person entitled to the payment of support or the person’s legal representative shall notify the enforcing authority when the procedure for the withholding of income must be carried out pursuant to this subsection.

(Added to NRS by 1989, 672; A 1993, 485; 1997, 2272; 2003, 853)

NRS 31A.030 Calculation of amount to be withheld; allocation of amount available from withholding. Except as otherwise provided in NRS 31A.024:

1. Except as otherwise provided in subsection 2, the amount of income to be withheld pursuant to NRS 31A.025 to 31A.190, inclusive, must include:

(a) The amount of the current support due plus:

(1) An amount equal to 10 percent of the amount of the current periodic or other payment ordered for support, to be applied to satisfy arrearages, if any; or

(2) If the court has previously ordered the payment of arrearages in a specified manner, the amount so ordered;

(b) If the obligor is subject to a court order for the payment of current support which is not being collected pursuant to this chapter and the enforcing authority is entitled to collect any arrearages, an amount equal to 25 percent of the amount of the payment ordered for current support, to be applied to satisfy the arrearages; or

2. The amount of income withheld must be calculated in accordance with the percentages set forth in NRS 31.295, regardless of whether the income qualifies as disposable earnings.

3. If two or more court orders for the withholding of income are being enforced against the same obligor, the amount available from withholding must be allocated among those persons entitled to it pursuant to those orders:

(a) Giving priority to an obligation for current support; and

(b) Except as otherwise provided in paragraph (a), in the proportion that the amount owed any one person bears to the total amount owed to all persons entitled to withholding pursuant to those orders.

(Added to NRS by 1985, 1425; A 1987, 2243; 1997, 2272, 2273; 2021, 2278)

NRS 31A.040 Notice to obligor who is subject to withholding.

1. The enforcing authority shall notify an obligor who is subject to the withholding of income by first-class mail to the obligor’s last known address:

(a) That the obligor’s income is being withheld;

(b) Of the amount of any arrearages;

(c) Of the amount being withheld from the obligor’s income to pay current support and the amount being withheld to pay any arrearages;

(d) That a notice to withhold income applies to any current or subsequent income payer;

(e) That a notice to withhold income of the obligor has been mailed to the income payer of the obligor;

(f) Of the information provided to the income payer of the obligor pursuant to NRS 31A.070;

(g) That the obligor may contest the withholding; and

(h) Of the grounds and procedures for contesting the withholding.

2. The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.

(Added to NRS by 1985, 1425; A 1987, 2244; 1989, 673; 1997, 2274; 2003, 854; 2021, 2278)

NRS 31A.050 Hearing to contest withholding; grounds; exceptions.

1. Except as otherwise provided in subsection 2:

(a) If an obligor, within 15 days after a notice of withholding is mailed to the obligor pursuant to NRS 31A.040, requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court.

(b) The obligor may contest the withholding on the following grounds:

(1) The court which issued the order for support lacked personal jurisdiction over the obligor;

(2) There is a mistake of fact as to:

(I) Whether the obligor has been delinquent in the payment of support;

(II) The amount of the arrearages or support; or

(III) The custody of the child; or

(3) The order of support was obtained by fraud.

Ê No other issues or defenses may be presented to or determined by the court.

2. The provisions of subsection 1:

(a) Are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.

(b) Do not apply to an obligor who requests a hearing pursuant to NRS 130.606 to contest the enforcement, through the withholding of income, of an order for support that is registered pursuant to chapter 130 of NRS.

(Added to NRS by 1985, 1426; A 1987, 2244; 1989, 673; 1997, 2274, 2275; 2003, 855)

NRS 31A.060 Determination by court; assessment of costs and attorney’s fees; notice.

1. If the court, after conducting a hearing requested pursuant to NRS 31A.050, determines that:

(a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to stay the withholding.

(b) The order of support is valid and there is no fraud or mistake of fact, it shall issue an order confirming the withholding without modification.

2. The court shall make its decision within 45 days after the notice of the withholding is mailed to the obligor pursuant to NRS 31A.040.

3. If the court issues an order confirming the withholding, it may assess costs and attorney’s fees against the obligor.

4. The enforcing authority shall give written notice to the obligor of the decision of the court.

5. The provisions of this section are applicable only to an obligor against whom there is entered an order of a kind described in subsection 4 of NRS 31A.025.

(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2275; 2003, 855)

NRS 31A.070 Notice to income payer to withhold income; contents; notice may be issued electronically.

1. The enforcing authority shall mail, by first-class mail, a notice to withhold income to an income payer of an obligor:

(a) If the provisions of subsection 4 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 4 of NRS 31A.025 do not apply, immediately upon the entry of the order of support, unless an exception set forth in paragraph (a) or (b) of subsection 1 of NRS 31A.025 applies.

2. If an income payer 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 income payer.

3. A notice to withhold income may be issued electronically and must:

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

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

(d) Describe the limitation for withholding income prescribed in subsection 2 of NRS 31A.030;

(e) Describe the prohibition against terminating the employment of an obligor because of withholding, if applicable, 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 income payer upon the receipt of the notice to withhold income.

(Added to NRS by 1985, 1426; A 1987, 2245; 1989, 674; 1997, 2276; 1999, 905; 2003, 855, 1021; 2021, 2279)

NRS 31A.072 Withholding of certain lump sum payments.

1. An income payer who has received a notice to withhold income which includes a provision for the payment of arrears shall inform the enforcing authority before making a lump sum payment to the obligor that is $150 or more.

2. The information provided by the income payer pursuant to subsection 1 must be:

(a) On a form prescribed by the Division of Welfare and Supportive Services; and

(b) Submitted to the enforcing authority at least 10 days before the date that the income payer intends to release the lump sum payment to the obligor.

3. Within 10 days after receiving the form described in subsection 2, the enforcing authority shall provide the income payer with a written notice from the Division of Welfare and Supportive Services specifying the amount of the lump sum payment to be withheld and delivered to the enforcing authority.

4. The income payer shall not release the lump sum payment before:

(a) The date that the income payer intends to release the lump sum payment; or

(b) The 11th day after submitting the form described in subsection 2 or the date that the written notice is received by the income payer, whichever is earlier.

5. The written notice is binding on the income payer and must be sent by the enforcing authority to:

(a) The last known address of the obligor by first-class mail; and

(b) The income payer by first-class mail or electronically.

6. An obligor may contest a written notice in the same manner as described in NRS 31A.050.

(Added to NRS by 2021, 2277)

NRS 31A.075 Fee to be imposed for each withholding of income: Amount; separate accounting; distribution.

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 income payer 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 income payers 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 Administrator of the Division of Welfare and Supportive Services. The money in the account must be distributed among each enforcing authority pursuant to regulations adopted by the Administrator of the Division of Welfare and Supportive Services pursuant to NRS 425.365.

(Added to NRS by 2003, 1021; A 2021, 2279)

NRS 31A.080 Duties of income payer upon receipt of notice to withhold or written notice.

1. An income payer who receives a notice to withhold income shall:

(a) Withhold the amount stated in the notice from the income due the obligor beginning with the first payment that occurs within 14 days after the date the notice was sent to the income payer and continuing until the enforcing authority notifies the income payer to discontinue the withholding; and

(b) Deliver the money withheld to the enforcing authority within 7 days after the date of payment.

2. An income payer who receives a written notice or a notice to withhold income shall:

(a) Deduct from the income due the obligor after the withholding, the fee set forth in NRS 31A.075;

(b) Deliver to the State Treasurer, at least quarterly, all money deducted as fees pursuant to paragraph (a); and

(c) If applicable, notify the enforcing authority and the State Treasurer when the obligor subject to withholding terminates the obligor’s employment, and provide the last known address of the obligor and the name of any new employer of the obligor, if known.

(Added to NRS by 1985, 1426; A 1987, 2246; 1997, 2276; 2003, 1022; 2021, 2280)

1. A written notice or a notice to withhold income is binding upon any income payer of an obligor.

2. To reimburse the income payer for the costs of the income payer in making a withholding, the income payer may deduct $3 from the amount paid the obligor each time the income payer makes a withholding.

3. Except as otherwise provided in subsection 4, if an income payer receives written notices or notices to withhold income for more than one obligor, the income payer may consolidate the amounts of money that are payable to:

(a) The enforcing authority and pay those amounts with one check; and

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

Ê but the income payer shall attach to 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.

4. If the provisions of NRS 353.1467 apply, the income payer shall make payment to the enforcing authority or the State Treasurer, as applicable, by way of any method of electronic transfer of money allowed by the enforcing authority or the State Treasurer. If an income payer has 50 or more employees, the income payer shall make payment to the Division of Welfare and Supportive Services by way of any method of electronic transfer of money allowed by the Division. If an income payer makes payment by way of electronic transfer of money pursuant to this subsection, the income payer shall transmit separately the name and appropriate identification number, if any, of each obligor for whom payment is made and the amount transmitted for that obligor.

5. An income payer 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.

6. As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 353.1467.

(Added to NRS by 1985, 1427; A 1987, 2246; 1997, 2277; 2003, 1022; 2007, 3313; 2010, 26th Special Session, 2; 2021, 2280)

NRS 31A.095 Enforcement proceedings against income payer for refusal to withhold and other improper acts; remedies and penalties.

1. If an income payer:

(a) Wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070 or a written notice;

(b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.072 or 31A.080; or

Ê the enforcing authority may apply for and the court may issue an order directing the income payer to appear and show cause why the income payer should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

2. At the hearing on the order to show cause, the court, upon a finding that the income payer wrongfully refused to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of an obligor:

(a) May order the income payer to comply with the requirements of NRS 31A.025 to 31A.190, inclusive;

(b) May order the income payer to provide accurate information concerning the income of the obligor;

(d) Shall require the income payer to pay the amount the income payer failed or refused to withhold from the obligor’s income or refused or intentionally failed to deliver to the enforcing authority.

(Added to NRS by 1987, 2240; A 1997, 2277; 1999, 905; 2009, 954; 2021, 2281)

NRS 31A.100 Immunity for complying income payer; discharge of liability of income payer to obligor; immunity for enforcing authority.

1. An income payer who complies with a written notice or notice to withhold income that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

2. Compliance by an income payer with a written notice or notice to withhold income is a discharge of the liability of the income payer to the obligor as to that portion of the income affected.

3. If a court issues an order to stay a withholding of income, the enforcing authority may not be held liable in any civil action to the obligor for any money withheld before the stay becomes effective.

(Added to NRS by 1985, 1427; A 1997, 2278; 2021, 2281)

NRS 31A.110 Collection of obligation for support of spouse or former spouse in conjunction with support for child. The enforcing authority may, pursuant to NRS 31A.025 to 31A.190, inclusive, collect, by withholding, an obligation for the support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same obligor and the child resides with the spouse or former spouse for whom the obligation of support is being collected.

(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 675; 1997, 2278)

NRS 31A.120 Prohibition against discharge, discipline or refusal to hire obligor because of withholding; liability of income payer for refusal to withhold and other improper acts.

1. It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential obligor, discharging the obligor or taking disciplinary action against the obligor. Any employer who violates this section shall hire or reinstate the obligor with no loss of pay or benefits, is liable for any payments of support not withheld and shall be fined $1,000. If an obligor prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the costs and attorney’s fees incurred by the obligor in that action.

2. If an income payer:

(a) Wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive;

(b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.072 or 31A.080; or

Ê the income payer shall pay the amount the income payer refused to withhold or refused or intentionally failed to deliver to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each payment the income payer failed to withhold income as required, refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of the obligor.

(Added to NRS by 1985, 1427; A 1987, 2246; 1989, 957; 1997, 2278, 2279; 2009, 954; 2021, 2281)

NRS 31A.130 Regulations governing documentation and distribution of payments. The Division of Welfare and Supportive Services shall adopt regulations which establish procedures for all enforcing authorities for documenting payments for support and for the expeditious distribution of amounts withheld.

(Added to NRS by 1985, 1427)

NRS 31A.140 Duty of person or entity for whom support is being collected to notify enforcing authority of change of address.

1. A person or other entity for whom support is being collected pursuant to NRS 31A.025 to 31A.190, inclusive, shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be sent by first-class mail or electronically.

2. If payments are not deliverable for 3 consecutive months because of the failure of a person or other entity for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the obligor. The enforcing authority shall notify the income payer to discontinue withholding.

(Added to NRS by 1985, 1427; A 1997, 2279; 2021, 2282)

NRS 31A.150 Other sources of money from which support may be withheld; duty of public entity upon receipt of notice to withhold. Money may be withheld for the support of a child pursuant to NRS 31A.025 to 31A.190, inclusive, from any money:

1. Due to:

(a) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or any other benefit;

(b) The obligor as a return of contributions and interest; or

Ê from the State, a political subdivision of the State or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by any person or a statute of this or any other state, whether the money is payable periodically or in a lump sum regardless of the frequency of payment;

2. Due to the obligor as a lump sum payment; or

3. Due to the obligor as a judgment, a settlement, the prize from any contest or lottery or gambling winnings, from any person or other entity, regardless of the frequency of payment. As used in this subsection, “gambling winnings” means winnings at a licensed gaming establishment, as defined in NRS 463.0169, that are required to be reported to the Internal Revenue Service on Form W-2G.

(Added to NRS by 1985, 1427; A 1987, 2247; 1989, 675; 1993, 542; 1997, 2280; 2021, 381, 2282)

NRS 31A.160 Order to withhold income for support has priority over other claims against money; other remedies for collection of support not precluded. The withholding of income:

1. To enforce an order of a court for the support of a child has priority over any other proceeding against the same money.

2. To enforce an order of a court regarding an obligation for the current support of a child has priority over any other orders for the support of a child.

3. Is in addition to, and not a substitution for, any other remedy for the collection of an obligation for the support of a child.

(Added to NRS by 1985, 1428; A 1997, 2281)

NRS 31A.180 Modification of amount withheld. If an order for support on which a notice to withhold income is based is amended or modified, the enforcing authority shall, upon receipt of a certified copy of the amendment or modification, notify the income payer of the obligor to modify the amount to be withheld accordingly.

(Added to NRS by 1985, 1428; A 1997, 2281; 2021, 2283)

NRS 31A.190 Voluntary request for withholding. An obligor may voluntarily have the payment for support withheld from the obligor’s income by filing a request and a certified copy of the order for support with the enforcing authority. The enforcing authority shall send a notice to withhold income to the income payer of the obligor, and the income payer shall withhold and pay the amount as required in the notice.

(Added to NRS by 1985, 1428; A 1997, 2281; 2021, 2283)

ASSIGNMENT OF INCOME

NRS 31A.250 Court may order assignment of income. In any proceeding in which the court orders an obligor to pay any amount for the support of a child, the court may also order the obligor to assign to the person entitled to the payment of support, or that person’s legal representative, that portion of the income of the obligor which is due or to become due and is sufficient to pay the amount ordered by the court for the support.

(Added to NRS by 1987, 2240; A 1997, 2283)

NRS 31A.270 Calculation of amount to be assigned. NRS 31A.160 applies to all assignments of income pursuant to NRS 31A.250 to 31A.330, inclusive. The assignment:

1. Must be calculated in accordance with the percentages set forth in NRS 31.295, regardless of whether the income qualifies as disposable earnings.

2. May include the amount of the current support due and a payment on the arrearages if previously ordered by a court of competent jurisdiction.

(Added to NRS by 1987, 2241; A 1999, 550, 906; 2021, 2283)

1. An order for an assignment issued pursuant to NRS 31A.250 to 31A.330, inclusive, operates as an assignment and is binding upon any existing or future income payer of an obligor upon whom a copy of the order is served by first-class mail or electronically. The order may be modified or revoked at any time by the court.

2. To enforce the obligation for support, the income payer shall cooperate with and provide relevant information concerning the obligor to the person entitled to the support or that person’s legal representative. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.

3. If the order for support is amended or modified, the person entitled to the payment of support or that person’s legal representative shall notify the income payer of the obligor to modify the amount to be withheld accordingly.

4. To reimburse the income payer for the costs incurred by the income payer in making the payment pursuant to the assignment, the income payer may deduct $3 from the amount paid to the obligor each time the income payer makes a payment.

5. If an income payer wrongfully refuses to honor an assignment or knowingly misrepresents the income of an obligor, the court, upon request of the person entitled to the support or that person’s legal representative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of the withholding of income.

6. Compliance by an income payer with an order of assignment operates as a discharge of the liability of the income payer to the obligor as to that portion of the income of the obligor affected.

(Added to NRS by 1987, 2241; A 1997, 2283; 1999, 906; 2021, 2283)

NRS 31A.290 Prohibition against discharge or discipline of obligor as result of assignment. An employer may not use assignments of income for payments to collect an obligation of support as a basis for the discharge of an obligor or for disciplinary action against the obligor. An employer who discharges or disciplines an obligor in violation of this section shall reinstate the obligor with no loss of pay or benefits, is liable for any payments of support not paid and shall be fined $1,000. If an obligor prevails in an action for reinstatement based on this section, the employer is liable, in an amount of not less than $2,500, for payment of the costs and attorney’s fees incurred by the obligor in that action.

(Added to NRS by 1987, 2242; A 1997, 2283; 2021, 2284)

NRS 31A.300 Payments to be made to enforcing authority; district attorney may enforce order; duty of enforcing authority to disburse payments. In any proceeding where a court makes or has made an order of assignment of income for the payment of the support of a child to a person, the court shall direct that payments made pursuant to the assignment be made to the enforcing authority. The district attorney may appear in any proceeding to enforce that order. The enforcing authority shall disburse the payments so received to the person to whom the assignment was made in the amount that the person is entitled to receive.

(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 906)

NRS 31A.310 Duty of person or entity for whom support is being collected to notify court and income payer of obligor of change of address.

1. The person or other entity to whom support is ordered to be paid by assignment of income shall notify the court and the income payer of the obligor, by any form of mail requiring a return receipt, of any change of address within a reasonable time after that change.

2. If the income payer or the legal representative of the person entitled to the payment for support is unable to deliver payments as required pursuant to NRS 31A.250 to 31A.330, inclusive, within 3 months because of the failure of the person entitled to the support to notify the income payer or the person’s legal representative of a change of address, the income payer or legal representative shall not make any further payments pursuant to the assignment and shall return all undeliverable payments to the obligor.

(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 907; 2021, 2284)

NRS 31A.320 Petition by obligor to terminate order of assignment. An obligor may petition the court to terminate an order of assignment of income if:

1. The required payments have been withheld and paid for 18 consecutive months to the person entitled to the support; and

2. All arrearages have been paid.

(Added to NRS by 1987, 2242; A 1997, 2284)

NRS 31A.330 Other sources of money from which support may be withheld; duty of public entity upon receipt of order of assignment.

1. Money may be withheld for the support of a child pursuant to NRS 31A.250 to 31A.330, inclusive, from any:

(a) Money due to:

(1) The obligor as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause;

(2) The obligor as a return of contributions and interest; or

(3) Some other person because of the death of the obligor,

Ê from the State of Nevada, a political subdivision of the State of Nevada or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state; or

(b) Money due to an obligor as a lump sum payment.

2. When a copy of any order of assignment is served by first-class mail or electronically on any person or entity described in subsection 1, other than the Federal Government, the person or entity must comply with any request for a return of the income by an obligor named in the order by paying the income to the person entitled to the payment of support or that person’s legal representative unless the person or entity described in subsection 1 has received a copy of an order terminating the order of assignment. A court may not directly or indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the support of a child upon the issuance of such a request by an obligor.

(Added to NRS by 1987, 2242; A 1997, 2284; 1999, 907; 2021, 2284)

HEALTH INSURANCE

1. If a court orders a parent to obtain health insurance for the parent’s child and the parent fails to enroll the child and provide written proof to the enforcing authority, the enforcing authority shall mail to the parent’s employer or labor organization by first-class mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for the employer’s employees or the organization’s members. The Division of Welfare and Supportive Services shall, by regulation, prescribe the content of the notice and establish procedures for providing the notice to ensure compliance with federal law.

2. Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for the employer’s employees or the organization’s members. The child must be enrolled without regard to any restrictions upon periods for enrollment. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parent’s plan. If the parent’s plan cannot be extended to cover the child, the child must be enrolled in a plan that provides coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parent’s plan of health insurance, the employer or labor organization shall notify the enforcing authority.

3. The employer or labor organization shall transfer the notice to enroll to the administrator that provides coverage pursuant to the plan of health insurance for which the child is eligible within 20 business days after the date of the notice to enroll. The administrator shall fully complete and return the response form to the enforcing authority within 40 business days after the date of the notice.

4. After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the child’s coverage must be deducted from the parent’s wages. If the parent’s wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority. A parent may contest the withholding pursuant to NRS 31A.050.

5. A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.

6. An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parent’s policy of health insurance.

7. The enforcing authority may withhold wages or other income and require withholding of state tax refunds whenever the responsible parent has received payment from the third party and not used the payment to reimburse the other parent or provider to the extent necessary to reimburse the Medicaid agency.

8. The enforcing authority shall promptly notify the employer or labor organization when there is no longer a current order for medical support in effect for which the enforcing authority is responsible.

9. The employer shall notify the enforcing authority when the parent subject to the notice to enroll terminates the parent’s employment, and provide the last known address of the parent and the name of any new employer of the parent, if known.

10. If an employer or labor organization wrongfully refuses to enroll a child in a plan of health insurance as required in this section, or knowingly misrepresents that health insurance is not available, the employer or labor organization may be held liable for punitive damages and all unreimbursed medical expenses incurred during the period in which insurance was not in effect.

11. An employer, labor organization or enforcing authority who complies with a notice to enroll that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

12. The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.

(Added to NRS by 1993, 237; A 1995, 2422; 1997, 2285; 1999, 907; 2003, 1427)