2005 Nevada Revised Statutes - Chapter 31A — Enforcement of Obligations for Support of Children

CHAPTER 31A - ENFORCEMENT OF OBLIGATIONSFOR SUPPORT OF CHILDREN

GENERAL PROVISIONS

NRS 31A.010 Definitions.

NRS 31A.012 Courtdefined.

NRS 31A.013 Divisionof Welfare and Supportive Services defined.

NRS 31A.014 Enforcingauthority defined.

NRS 31A.016 Incomedefined.

NRS 31A.018 Noticeto withhold income defined.

NRS 31A.019 Obligordefined.

NRS 31A.021 Statedefined.

NRS 31A.023 WelfareDivision defined. [Replaced in revision by NRS31A.013.]

APPLICABILITY OF CHAPTER

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

WITHHOLDING OF INCOME

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

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

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

NRS 31A.050 Hearingto contest withholding; grounds; exceptions.

NRS 31A.060 Determinationby court; assessment of costs and attorneys fees; notice.

NRS 31A.070 Noticeto employer to withhold income; contents; notice may be issued electronically.

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

NRS 31A.080 Dutiesof employer upon receipt of notice to withhold.

NRS 31A.090 Noticeto withhold binding upon employer; employer may deduct amount for reimbursementof costs; duty of employer to disclose information; immunity.

NRS 31A.095 Refusalof employer to withhold; liability; fine.

NRS 31A.100 Immunityfor complying employer; discharge of employers liability to obligor; immunityfor enforcing authority.

NRS 31A.110 Collectionof obligation for support of spouse or former spouse in conjunction withsupport for child.

NRS 31A.120 Prohibitionagainst discharge, discipline or refusal to hire employee because ofwithholding; refusal to withhold or misrepresentation of employees income;liability of employer.

NRS 31A.130 Regulationsgoverning documentation and distribution of payments.

NRS 31A.140 Dutyof person or entity for whom support is being collected to notify enforcingauthority of change of address.

NRS 31A.150 Othersources of money from which support may be withheld; duty of public entity uponreceipt of notice to withhold.

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

NRS 31A.180 Modificationof amount withheld.

NRS 31A.190 Voluntaryrequest for withholding.

ASSIGNMENT OF INCOME

NRS 31A.250 Courtmay order assignment of income.

NRS 31A.270 Calculationof amount to be assigned.

NRS 31A.280 Effectof order for assignment; duty of employer to cooperate; modification of amountassigned; reimbursement of employer; refusal of employer to honor assignment;discharge of employers liability to pay amount assigned.

NRS 31A.290 Prohibitionagainst discharge or discipline of employee as result of assignment.

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

NRS 31A.310 Dutyof person or entity for whom support is being collected to notify court andemployer of obligor of change of address.

NRS 31A.320 Petitionby obligor to terminate order of assignment.

NRS 31A.330 Othersources of money from which support may be withheld; duty of public entity uponreceipt of order of assignment.

HEALTH INSURANCE

NRS 31A.350 Enrollmentof child in plan of health insurance; notice to enroll; deduction of premiumsfrom wages of parent; withholding of state tax refunds; liability for refusingto enroll child or misrepresenting information; immunity from liability for complyingwith notice; remedy not exclusive.

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GENERAL PROVISIONS

NRS 31A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS31A.012 to 31A.021, 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)

NRS 31A.012 Courtdefined. Court means:

1. The district court; or

2. When the context requires, any judicial oradministrative procedure established in this or any other state to facilitatethe collection of an obligation for the support of a child.

(Added to NRS by 1997, 2270)

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

(Added to NRS by 1997, 2271)(Substituted in revisionfor NRS 31A.023)

NRS 31A.014 Enforcingauthority defined. Enforcing authoritymeans the Division of Welfare and Supportive Services, its designatedrepresentative or the district attorney.

(Added to NRS by 1997, 2270)

NRS 31A.016 Incomedefined. Income includes, but is not limitedto:

1. Wages, salaries, bonuses and commissions;

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

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

4. Any compensation of an independent contractor.

(Added to NRS by 1997, 2270)

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

(Added to NRS by 1997, 2271)

NRS 31A.019 Obligordefined. Obligor means a person who isliable or alleged to be liable for the support of a child.

(Added to NRS by 1997, 2271)

NRS 31A.021 Statedefined. State has the meaning ascribed toit in NRS 130.10179.

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

NRS 31A.023 WelfareDivision defined. [Replaced in revision by NRS 31A.013.]

 

APPLICABILITY OF CHAPTER

NRS 31A.024 Applicabilityof chapter to order issued by court of another state. Tothe extent that any provision of this chapter is inconsistent with the provisionsof chapter 130 of NRS regarding the effect, enforcement ormodification of an order relating to the support of a child issued by a courtother than a court of this state, the provision of this chapter does not applyto the order. The enforcement and any modification of such an order must complywith the provisions of chapter 130 of NRS.

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

WITHHOLDING OF INCOME

NRS 31A.025 Initiationof 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 ofa child includes an order directing the withholding of income for the paymentof the support, the procedure provided by this chapter for the withholding ofincome must be carried out immediately unless:

(a) All parties agree in writing that there should beno immediate withholding; or

(b) The court finds good cause for the postponement ofwithholding.

2. Except as otherwise provided in subsection 3, afinding of good cause pursuant to paragraph (b) of subsection 1 must be basedon a written finding by the court that the immediate withholding of income wouldnot be in the best interests of the child. A finding that the immediatewithholding of income would not be in the best interests of the child may bebased on evidence that:

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

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

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

3. In an action for modification or adjustment of aprevious order for the support of a child, a finding of good cause may be basedon evidence of payment in a timely manner by the obligor under the previousorder for support.

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

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

(b) In connection with which:

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

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

theprocedure for the withholding of income must be carried out when the obligorbecomes delinquent in paying the support of a child. The person entitled to thepayment of support or his legal representative shall notify the enforcingauthority when the procedure for the withholding of income must be carried outpursuant to this subsection.

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

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

1. The amountof income to be withheld pursuant to NRS31A.025 to 31A.190, inclusive, must be calculated in accordance withNRS 31.295 and must include:

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

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

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

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

(c) If the child is emancipated, arrearages as providedin NRS 125B.100, until the arrearagesare paid in full.

2. If two or more court orders for the withholding ofincome are being enforced against the same obligor, the amount available fromwithholding must be allocated among those persons entitled to it pursuant tothose orders:

(a) Giving priority to an obligation for currentsupport; and

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

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

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

1. The enforcing authority shall notify anobligor who is subject to the withholding of income by first-class mail to hislast known address:

(a) That his income is being withheld;

(b) Of the amount of any arrearages;

(c) Of the amount being withheld from his income topay current support and the amount being withheld to pay any arrearages;

(d) That a notice to withhold income applies to anycurrent or subsequent employer;

(e) That a notice to withhold income of the obligor hasbeen mailed to his employer;

(f) Of the information provided to his employerpursuant to NRS 31A.070;

(g) That he may contest the withholding; and

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

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

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

NRS 31A.050 Hearingto contest withholding; grounds; exceptions.

1. Except as otherwise provided in subsection 2:

(a) If an obligor, within 15 days after a notice ofwithholding is mailed to him pursuant to NRS31A.040, requests a hearing to contest the withholding, the enforcingauthority shall apply for a hearing before the court.

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

(1) The court which issued the order for supportlacked personal jurisdiction over him;

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

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

(II) The amount of the arrearages orsupport; or

(III) The custody of the child; or

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

No otherissues 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 whomthere 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 hearingpursuant to NRS 130.606 to contest theenforcement, through the withholding of income, of an order for support that isregistered 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 Determinationby court; assessment of costs and attorneys fees; notice.

1. If the court, after conducting a hearing requestedpursuant to NRS 31A.050, determinesthat:

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

(b) The order of support is valid and there is no fraudor mistake of fact, it shall issue an order confirming the withholding withoutmodification.

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

3. If the court issues an order confirming thewithholding, it may assess costs and attorneys fees against the obligor.

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

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

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

NRS 31A.070 Noticeto employer to withhold income; contents; notice may be issued electronically.

1. The enforcing authority shall mail, by first-classmail, a notice to withhold income to an obligors employer:

(a) If the provisions of subsection 4 of NRS 31A.025 apply, immediately upondetermining 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, immediatelyupon the entry of the order of support, unless an exception set forth inparagraph (a) or (b) of subsection 1 of NRS31A.025 applies.

2. If an employer of an obligor does not begin towithhold income from the obligor after receiving the notice to withhold incomethat was mailed pursuant to subsection 1, the enforcing authority shall mail,by certified mail, return receipt requested, another notice to withhold incometo the employer.

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

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

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

(c) Specify the amounts of the fees authorized in NRS 31A.090 and required in NRS 31A.075;

(d) Describe the limitation for withholding incomeprescribed in NRS 31.295;

(e) Describe the prohibition against terminating theemployment of an obligor because of withholding and the penalties forwrongfully refusing to withhold pursuant to the notice to withhold income;

(f) Specify that, pursuant to NRS 31A.160, the withholding of income toenforce an order of a court for child support has priority over otherproceedings against the same money; and

(g) Explain the duties of an employer upon the receiptof the notice to withhold income.

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

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

1. The State Treasurer shall charge an obligor a feeof $2 for each withholding of income for the payment of support made by anemployer pursuant to this chapter, except that the fee must not be charged toan obligor more than two times during any month.

2. All such fees received by the State Treasurer fromemployers pursuant to NRS 31A.080 mustbe accounted for separately in the State General Fund.

3. The account created pursuant to subsection 2 mustbe administered by the Administrator of the Division of Welfare and SupportiveServices. The money in the account must be distributed among each enforcingauthority pursuant to regulations adopted by the Administrator of the Divisionof Welfare and Supportive Services pursuant to NRS 425.365.

(Added to NRS by 2003, 1021)

NRS 31A.080 Dutiesof employer upon receipt of notice to withhold. Anemployer who receives a notice to withhold income shall:

1. Withhold the amount stated in the notice from theincome due the obligor beginning with the first pay period that occurs within14 days after the date the notice was mailed to the employer and continuinguntil the enforcing authority notifies him to discontinue the withholding;

2. Deliver the money withheld to the enforcingauthority within 7 days after the date of each payment of the regularlyscheduled payroll of the employer;

3. Deduct from the income due the obligor after thewithholding pursuant to subsection 1, the fee set forth in NRS 31A.075;

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 StateTreasurer when the obligor subject to withholding terminates his employment,and provide the last known address of the obligor and the name of any newemployer of the obligor, if known.

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

NRS 31A.090 Noticeto withhold binding upon employer; employer may deduct amount for reimbursementof costs; duty of employer to disclose information; immunity.

1. A notice to withhold income is binding upon anyemployer of an obligor to whom it is mailed. To reimburse the employer for hiscosts in making the withholding, he may deduct $3 from the amount paid theobligor each time he makes a withholding.

2. If an employer receives notices to withhold incomefor more than one employee, he may consolidate the amounts of money that arepayable to:

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

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

but theemployer shall attach to each check a statement identifying by name and socialsecurity number each obligor for whom payment is made and the amounttransmitted for that obligor.

3. An employer shall cooperate with and providerelevant information to an enforcing authority as necessary to enable it toenforce an obligation of support. A disclosure made in good faith pursuant tothis subsection does not give rise to any action for damages resulting from thedisclosure.

(Added to NRS by 1985, 1427; A 1987, 2246; 1997,2277; 2003, 1022)

NRS 31A.095 Refusalof employer to withhold; liability; fine.

1. If an employer wrongfully refuses towithhold income as required pursuant to NRS31A.025 to 31A.190, inclusive,after receiving a notice to withhold income that was sent by certified mailpursuant to subsection 2 of NRS 31A.070,or knowingly misrepresents the income of an employee, the enforcing authoritymay apply for and the court may issue an order directing the employer to appearand show cause why he should not be subject to the penalty prescribed insubsection 2 of NRS 31A.120.

2. At the hearing on the order to show cause, the court, upon a finding that the employerwrongfully refused to withhold income as required or knowingly misrepresentedan employees income:

(a) May order the employer to comply with therequirements of NRS 31A.025 to 31A.190, inclusive;

(b) May order the employer to provide accurateinformation concerning the employees income;

(c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and

(d) Shall require the employer to pay the amount theemployer failed or refused to withhold from the obligors income.

(Added to NRS by 1987, 2240; A 1997, 2277; 1999, 905)

NRS 31A.100 Immunityfor complying employer; discharge of employers liability to obligor; immunityfor enforcing authority.

1. An employer who complies with a notice to withholdincome that is regular on its face may not be held liable in any civil actionfor any conduct taken in compliance with the notice.

2. Complianceby an employer with a notice to withhold income isa discharge of the employers liability to the obligor as to that portion ofthe income affected.

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

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

NRS 31A.110 Collectionof obligation for support of spouse or former spouse in conjunction withsupport for child. The enforcing authoritymay, 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 validorder of a court, if the enforcing authority is also collecting support for achild of that spouse or former spouse from the same obligor and the childresides with the spouse or former spouse for whom the obligation of support isbeing collected.

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

NRS 31A.120 Prohibitionagainst discharge, discipline or refusal to hire employee because ofwithholding; refusal to withhold or misrepresentation of employees income;liability of employer.

1. It is unlawful for an employer to use thewithholding of income to collect an obligation of support as a basis forrefusing to hire a potential employee, discharging the employee or takingdisciplinary action against him. Any employer who violates this section shallhire or reinstate the employee with no loss of pay or benefits, is liable forany payments of support not withheld, and shall be fined $1,000. If an employeeprevails in an action based on this section, the employer is liable, in anamount not less than $2,500, for payment of the employees costs and attorneysfees incurred in that action.

2. If an employer wrongfully refuses to withhold fromthe income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive, or knowingly misrepresents the income of theemployee, he shall pay the amount he refused to withhold to the enforcingauthority and may be ordered to pay punitive damages to the person to whomsupport is owed in an amount not to exceed $1,000 for each pay period he failedto withhold income as required or knowingly misrepresented the income of theemployee.

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

NRS 31A.130 Regulationsgoverning documentation and distribution of payments. TheDivision of Welfare and Supportive Services shall adopt regulations whichestablish procedures for all enforcing authorities for documenting payments forsupport and for the expeditious distribution of amounts withheld.

(Added to NRS by 1985, 1427)

NRS 31A.140 Dutyof person or entity for whom support is being collected to notify enforcingauthority of change of address.

1. A person or other entity for whom support isbeing collected pursuant to NRS 31A.025to 31A.190,inclusive, shall notify the enforcing authority of a change ofaddress within a reasonable time after the change. The notice must be inwriting and sent by certified mail, return receipt requested.

2. If payments are not deliverable for 3 consecutivemonths because of the failure of a person or other entity for whom payment ofsupport has been withheld to notify the enforcing authority of a change ofaddress, no further payments may be made and all payments not delivered must bereturned to the obligor. The enforcing authority shall notify the employer todiscontinue withholding.

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

NRS 31A.150 Othersources of money from which support may be withheld; duty of public entity uponreceipt of notice to withhold.

1. Money may be withheld for the support of a childpursuant to NRS 31A.025 to 31A.190, inclusive, from anymoney:

(a) Due to:

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

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

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

from theState, a political subdivision of the State or an agency of either, a publictrust, corporation or board or a system for retirement, disability or annuityestablished by any person or a statute of this or any other state, whetherthe money is payable periodically or in a lump sum; or

(b) Due to the obligor as a judgment, a settlement orthe prize from any contest or lottery, from any person or other entity, whetherthe money is payable periodically or in a lump sum.

2. When a certified copy of a notice to withholdincome is delivered by certified mail, return receipt requested, to a person orother entity described in subsection 1, the person or other entity must complywith the request and pay to the enforcing authority the amounts withheld asrequired in the notice to withhold income.

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

NRS 31A.160 Orderto 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 enforcean order of a court for the support of achild has priority over any other proceeding against the same money.

2. To enforce an order of a court regarding anobligation for the current support of a child has priority over any otherorders for the support of a child.

3. Is in addition to, and not a substitution for, anyother 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 Modificationof amount withheld. If an order for support onwhich a notice to withhold income is based is amended or modified, theenforcing authority shall, upon receipt of a certified copy of the amendment ormodification, notify the employer of the obligor to modify the amount to bewithheld accordingly.

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

NRS 31A.190 Voluntaryrequest for withholding. An obligor may voluntarilyhave the payment for support withheld from his income by filing his request anda certified copy of the order for support with the enforcing authority. Theenforcing authority shall send a notice to withhold income to his employer, andthe employer shall withhold and pay the amount as required in the notice.

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

ASSIGNMENT OF INCOME

NRS 31A.250 Courtmay order assignment of income. In anyproceeding in which the court orders an obligor to pay any amount for thesupport of a child, the court may also order the obligor to assign to theperson entitled to the payment of support, or that persons legalrepresentative, that portion of the income of the obligor which is due or tobecome due and is sufficient to pay the amount ordered by the court for thesupport.

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

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

1. Must be calculated in accordance with NRS 31.295.

2. May include the amount of the current support dueand a payment on the arrearages if previously ordered by a court of competentjurisdiction.

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

NRS 31A.280 Effectof order for assignment; duty of employer to cooperate; modification of amountassigned; reimbursement of employer; refusal of employer to honor assignment;discharge of employers liability to pay amount assigned.

1. An order for an assignment issued pursuant to NRS 31A.250 to 31A.330, inclusive, operates as an assignmentand is binding upon any existing or future employer of an obligor upon whom acopy of the order is served by certified mail, return receipt requested. Theorder may be modified or revoked at any time by the court.

2. To enforce the obligation for support, the employershall cooperate with and provide relevant information concerning the obligorsemployment to the person entitled to the support or that persons legalrepresentative. A disclosure made in good faith pursuant to this subsectiondoes 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 persons legalrepresentative shall notify the employer of the obligor to modify the amount tobe withheld accordingly.

4. To reimburse the employer for his costs in makingthe payment pursuant to the assignment, he may deduct $3 from the amount paidto the obligor each time he makes a payment.

5. If an employer wrongfully refuses to honor anassignment or knowingly misrepresents the income of an employee, the court,upon request of the person entitled to the support or that persons legalrepresentative, may enforce the assignment in the manner provided in NRS 31A.095 for the enforcement of thewithholding of income.

6. Compliance by an employer with an order ofassignment operates as a discharge of the employers liability to the employeeas to that portion of the employees income affected.

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

NRS 31A.290 Prohibitionagainst discharge or discipline of employee as result of assignment. An employer may not use assignments of income for paymentsto collect an obligation of support as a basis for the discharge of an employeeor for disciplinary action against the employee. An employer who discharges ordisciplines an employee in violation of this section shall reinstate theemployee with no loss of pay or benefits, is liable for any payments of supportnot paid and shall be fined $1,000. If an employee prevails in an action forreinstatement based on this section, the employer is liable, in an amount ofnot less than $2,500, for payment of the employees costs and attorneys feesincurred in that action.

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

NRS 31A.300 Paymentsto be made to enforcing authority; district attorney may enforce order; duty ofenforcing authority to disburse payments. Inany proceeding where a court makes or has made an order of assignment of incomefor the payment of the support of a child to a person, the court shall directthat payments made pursuant to the assignment be made to the enforcingauthority. The district attorney may appear in any proceeding to enforce thatorder. The enforcing authority shall disburse the payments so received to theperson to whom the assignment was made in the amount that the person is entitledto receive.

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

NRS 31A.310 Dutyof person or entity for whom support is being collected to notify court andemployer of obligor of change of address.

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

2. If the employer or the legal representative of theperson entitled to the payment for support is unable to deliver payments asrequired pursuant to NRS 31A.250 to 31A.330, inclusive, within 3 monthsbecause of the failure of the person entitled to the support to notify theemployer or his legal representative of a change of address, the employer orlegal representative shall not make any further payments pursuant to theassignment and shall return all undeliverable payments to the employee.

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

NRS 31A.320 Petitionby obligor to terminate order of assignment. Anobligor may petition the court to terminate an order of assignment of incomeif:

1. The required payments have been withheld and paid for18 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 Othersources of money from which support may be withheld; duty of public entity uponreceipt of order of assignment.

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

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

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

(c) Some other person because of the death of theobligor,

from theState of Nevada, a political subdivision of the State of Nevada or an agency ofeither, a public trust, corporation or board or a system for retirement, disabilityor annuity established by a statute of this state.

2. When a certified copy of any order of assignment isserved by certified mail, return receipt requested, on any entity described insubsection 1, other than the Federal Government, it must comply with anyrequest for a return of employee contributions by an employee named in theorder by paying the contributions to the person entitled to the payment ofsupport or that persons legal representative unless the entity has received acertified copy of an order terminating the order of assignment. A court may notdirectly or indirectly condition the issuance, modification or termination of,or condition the terms or conditions of, any order for the support of a childupon the issuance of such a request by an employee.

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

HEALTH INSURANCE

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

1. If a court orders a parent to obtain healthinsurance for his child and the parent fails to enroll the child and providewritten proof to the enforcing authority, the enforcing authority shall mail tothe parents employer or labor organization by first-class mail, a noticerequiring the employer or organization to enroll the child in the plan of healthinsurance provided for his employees or its members. The Division of Welfareand Supportive Services shall, by regulation, prescribe the content of thenotice and establish procedures for providing the notice to ensure compliancewith federal law.

2. Except as otherwise provided in this subsection,upon receipt of a notice to enroll, mailed pursuant to subsection 1, theemployer or labor organization shall enroll the child named in the notice inthe plan of health insurance provided for his employees or its members. Thechild must be enrolled without regard to any restrictions upon periods forenrollment. If more than one plan is offered by the employer or labororganization, and each plan may be extended to cover the child, the child mustbe enrolled in the parents plan. If the parents plan cannot be extended tocover the child, the child must be enrolled in a plan that provides coveragefor a dependent that is otherwise available to the parent, subject to theeligibility requirements of that plan. An employer, labor organization, healthmaintenance organization or other insurer is not required to enroll the childin a plan of health insurance if the child is not otherwise eligible to beenrolled in that plan. If the child is not eligible to be enrolled in theparents plan of health insurance, the employer or labor organization shallnotify the enforcing authority.

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

4. After the child is enrolled in a plan of healthinsurance, the premiums required to be paid by the parent for the childscoverage must be deducted from the parents wages. If the parents wages arenot sufficient to pay for those premiums, the employer or labor organizationshall notify the enforcing authority. A parent may contest the withholdingpursuant to NRS 31A.050.

5. A notice to enroll sent pursuant to subsection 1has the same effect as an enrollment application signed by the parent. Noemployer or labor organization may refuse to enroll a child because a parenthas not signed an enrollment application.

6. An employer or labor organization shall, withoutliability to the parent, provide to the enforcing authority, upon request,information about the name of the insurer and the number of the parents policyof health insurance.

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

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

9. The employer shall notify the enforcing authoritywhen the parent subject to the notice to enroll terminates his employment, andprovide the last known address of the parent and the name of any new employerof the parent, if known.

10. If an employer or labor organization wrongfullyrefuses to enroll a child in a plan of health insurance as required in thissection, or knowingly misrepresents that health insurance is not available, theemployer or labor organization may be held liable for punitive damages and allunreimbursed medical expenses incurred during the period in which insurance wasnot in effect.

11. An employer, labor organization or enforcingauthority who complies with a notice to enroll that is regular on its face maynot be held liable in any civil action for any conduct taken in compliance withthe notice.

12. The remedy provided by this section is in additionto, and is not a substitute for, any other remedy available for the enforcementof such an order.

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

 

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