2005 Nevada Revised Statutes - Chapter 130 — Interjurisdictional Enforcement of Support

CHAPTER 130 - INTERJURISDICTIONALENFORCEMENT OF SUPPORT

MISCELLANEOUS PROVISIONS

NRS 130.015 Requestsbetween states for assistance to enforce support order; maintenance of records.

NRS 130.025 Jurisdictionby arrest.

NRS 130.035 Declarationof foreign nation as state for purposes of chapter.

NRS 130.045 Respondingtribunals of State: Prohibition against staying proceedings or refusinghearings under certain circumstances; duties and powers.

INTERSTATE FAMILY SUPPORT (UNIFORM ACT)

Article 1General Provisions

NRS 130.0902 Shorttitle.

NRS 130.0904 Uniformityof application and construction.

NRS 130.101 Definitions.

NRS 130.10103 Childdefined.

NRS 130.10107 Child-supportorder defined.

NRS 130.10111 Dutyof support defined.

NRS 130.10115 Employerdefined.

NRS 130.10119 Homestate defined.

NRS 130.10123 Incomedefined.

NRS 130.10127 Income-withholdingorder defined.

NRS 130.10131 Initiatingstate defined.

NRS 130.10135 Initiatingtribunal defined.

NRS 130.10139 Issuingstate defined.

NRS 130.10143 Issuingtribunal defined.

NRS 130.10147 Lawdefined.

NRS 130.10151 Obligeedefined.

NRS 130.10155 Obligordefined.

NRS 130.10159 Registerdefined.

NRS 130.10163 Registeringtribunal defined.

NRS 130.10167 Respondingstate defined.

NRS 130.10171 Respondingtribunal defined.

NRS 130.10175 Spousal-supportorder defined.

NRS 130.10179 Statedefined.

NRS 130.10183 Support-enforcementagency defined.

NRS 130.10187 Supportorder defined.

NRS 130.10191 Tribunaldefined.

NRS 130.102 Tribunalof state.

NRS 130.103 Remediescumulative.

 

Article 2Jurisdiction

Extended Personal Jurisdiction

NRS 130.201 Basesfor jurisdiction over nonresident.

NRS 130.202 Procedurewhen exercising jurisdiction over nonresident.

 

Proceedings Involving Two or More States

NRS 130.203 Initiatingand responding tribunal of state.

NRS 130.204 Simultaneousproceedings in another state.

NRS 130.205 Continuing,exclusive jurisdiction.

NRS 130.206 Enforcementand modification of support order by tribunal having continuing jurisdiction.

 

Reconciliation of Multiple Orders

NRS 130.207 Recognitionof controlling child-support order.

NRS 130.208 Multiplechild-support orders for two or more obligees.

NRS 130.209 Creditfor payments.

 

Article 3Civil Provisions of General Application

NRS 130.301 Proceedingsunder act.

NRS 130.302 Actionby minor parent.

NRS 130.303 Applicationof law of state.

NRS 130.304 Dutiesof initiating tribunal.

NRS 130.305 Dutiesand powers of responding tribunal.

NRS 130.306 Inappropriatetribunal.

NRS 130.307 Dutiesof support-enforcement agency.

NRS 130.308 Dutyof Attorney General.

NRS 130.309 Privatecounsel.

NRS 130.310 Dutiesof State Information Agency.

NRS 130.311 Pleadingsand accompanying documents.

NRS 130.312 Nondisclosureof information in exceptional circumstances.

NRS 130.313 Costsand fees.

NRS 130.314 Limitedimmunity of petitioner.

NRS 130.315 Nonparentageas defense.

NRS 130.316 Specialrules of evidence and procedure.

NRS 130.317 Communicationbetween tribunals.

NRS 130.318 Assistancewith discovery.

NRS 130.319 Receiptand disbursement of payments.

 

Article 4Establishment of Support Order

NRS 130.401 Issuanceof support order.

 

Article 5Enforcement of Order of Another State Without Registration

NRS 130.501 Employersreceipt of income-withholding order of another state.

NRS 130.502 Employerscompliance with income-withholding order of another state.

NRS 130.503 Employerscompliance with multiple income-withholding orders.

NRS 130.504 Immunityfrom civil liability.

NRS 130.505 Penaltiesfor noncompliance.

NRS 130.506 Contestby obligor.

NRS 130.507 Administrativeenforcement of orders.

 

Article 6Enforcement and Modification of Support Order AfterRegistration

Registration and Enforcement of Support Order

NRS 130.601 Registrationof order for enforcement.

NRS 130.602 Procedureto register order for enforcement.

NRS 130.603 Effectof registration for enforcement.

NRS 130.604 Choiceof law.

 

Contest of Validity or Enforcement

NRS 130.605 Noticeof registration of order.

NRS 130.606 Procedureto contest validity or enforcement of registered order.

NRS 130.607 Contestof registration or enforcement.

NRS 130.608 Confirmedorder.

 

Registration and Modification of Child-Support Order

NRS 130.609 Procedureto register child-support order of another state for modification.

NRS 130.610 Effectof registration for modification.

NRS 130.611 Modificationof child-support order of another state.

NRS 130.612 Recognitionof order modified in another state.

NRS 130.613 Jurisdictionto modify child-support order of another state when individual parties residein this State.

NRS 130.614 Noticeto issuing tribunal of modification.

 

Article 7Determination of Parentage

NRS 130.701 Proceedingto determine parentage.

 

Article 8Interstate Rendition

NRS 130.801 Groundsfor rendition.

NRS 130.802 Conditionsof rendition.

_________

MISCELLANEOUS PROVISIONS

NRS 130.015 Requestsbetween states for assistance to enforce support order; maintenance of records.

1. If a support-enforcement agency of this statereceives a request from a support-enforcement agency of another state toenforce a support order, the support-enforcement agency of this state shallrespond to the request as required by 42 U.S.C. 666. The request shall bedeemed to constitute a certification by the support-enforcement agency of theother state:

(a) Of the amount of support under the order for whichpayment is in arrears; and

(b) That the agency has complied with all requirementsfor procedural due process applicable to the case.

2. A support-enforcement agency of this state may, byelectronic or other means, transmit to the appropriate agency of another statea request for assistance in a case involving the enforcement of a supportorder. The request must include:

(a) Such information as will enable the agency to whichthe request is transmitted to compare information about the case to informationmaintained in that state; and

(b) A certification by the support-enforcement agencyof this state:

(1) Of the amount of support under the order forwhich payment is in arrears; and

(2) That the agency has complied with allrequirements for procedural due process applicable to the case.

3. If a support-enforcement agency of this stateprovides assistance to a support-enforcement agency of another state pursuantto subsection 1, no support-enforcement agency of this state may, for thepurposes of Title IV of the Social Security Act (42 U.S.C. 601 et seq.),consider the case to be transferred to the caseload of this state.

4. A support-enforcement agency of this state shallmaintain records of:

(a) The number of requests received from a support-enforcementagency of another state pursuant to subsection 1;

(b) The number of cases for which thesupport-enforcement agency of this state collected support in response to sucha request; and

(c) The amount of support collected in response to sucha request.

(Added to NRS by 1997, 2328; A 1997, 2349)

 

NRS 130.025 Jurisdictionby arrest.

1. If a tribunal of this state believes that anobligor may flee, it may:

(a) As an initiating tribunal, request that theresponding tribunal obtain the body of the obligor by appropriate process; or

(b) As a responding tribunal, obtain the body of theobligor by appropriate process.

2. Thereafter, the tribunal of this state may, byappropriate process, release the obligor upon his own recognizance or upon hisgiving a bond in an amount set to ensure his appearance at the hearing.

[17:44:1955](NRS A 1969, 603; 1997, 2330)

NRS 130.035 Declarationof foreign nation as state for purposes of chapter.

1. When the Attorney General is satisfied that reciprocalprovisions will be made by any foreign jurisdiction for the enforcement thereinof support orders made within this state, the Attorney General may declare theforeign jurisdiction to be a state for the purpose of this chapter. Any suchdeclaration may be revoked by the Attorney General.

2. As used in this section, foreign jurisdictionmeans a foreign sovereign nation or a political subdivision thereof.

(Added to NRS by 1973, 900; A 1975, 244; 1997, 2332)

NRS 130.045 Respondingtribunals of State: Prohibition against staying proceedings or refusinghearings under certain circumstances; duties and powers. Except as otherwise required by the provisions of thischapter, a responding tribunal of this state:

1. Shall not stay a proceeding or refuse a hearingpursuant to this chapter because of any pending or prior action or proceedingfor divorce, separation, annulment, dissolution, habeas corpus, adoption orcustody in this or any other state.

2. Shall hold a hearing pursuant to this chapter andmay issue a support order pendente lite and, in aid thereof, require theobligor to give a bond for the prompt prosecution of the pending proceeding.

(Added to NRS by 1999, 170)

INTERSTATE FAMILY SUPPORT (UNIFORM ACT)

Article 1General Provisions

NRS 130.0902 Shorttitle. NRS130.0902 to 130.802, inclusive, maybe cited as the Uniform Interstate Family Support Act.

(Added to NRS by 1997, 2311)

NRS 130.0904 Uniformityof application and construction. The UniformInterstate Family Support Act must be applied and construed to effectuate itsgeneral purpose to make uniform the law with respect to the subject of that Actamong states enacting it.

(Added to NRS by 1997, 2311)

NRS 130.101 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS130.10103 to 130.10191, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1997, 2311)

NRS 130.10103 Childdefined. Child means a natural person,whether over or under the age of majority, who is or is alleged to be owed aduty of support by his parent or who is or is alleged to be the beneficiary ofa support order directed to the parent.

(Added to NRS by 1997, 2311)

NRS 130.10107 Child-supportorder defined. Child-support order means asupport order for a child, including a child who has attained the age of majorityunder the law of the issuing state.

(Added to NRS by 1997, 2311)

NRS 130.10111 Dutyof support defined. Duty of support meansan obligation imposed or imposable by law to provide support for a child,spouse or former spouse, including an unsatisfied obligation to providesupport.

(Added to NRS by 1997, 2311)

NRS 130.10115 Employerdefined. Employer includes, but is not limitedto, any person or other entity required to withhold income pursuant to NRS 31A.010 to 31A.190, inclusive.

(Added to NRS by 1997, 2311)

NRS 130.10119 Homestate defined. Home state means the statein which a child lived with a parent or a person acting as a parent for atleast 6 consecutive months immediately preceding the time of filing a petitionor comparable pleading for support and, if a child is less than 6 months old,the state in which the child lived from birth with a parent or a person actingas a parent. A period of temporary absence of any of those persons is countedas part of the 6-month or other period.

(Added to NRS by 1997, 2311)

NRS 130.10123 Incomedefined. Income includes earnings or otherperiodic entitlements to money from any source and any other property subjectto withholding for support under the law of this state.

(Added to NRS by 1997, 2311)

NRS 130.10127 Income-withholdingorder defined. Income-withholding ordermeans an order or other legal process directed to an employer of an obligor towithhold support from the income of the obligor.

(Added to NRS by 1997, 2311)

NRS 130.10131 Initiatingstate defined. Initiating state means astate from which a proceeding is forwarded or in which a proceeding is filedfor forwarding to a responding state under the Uniform Interstate FamilySupport Act or a law or procedure substantially similar to that Act, the UniformReciprocal Enforcement of Support Act or the Revised Uniform ReciprocalEnforcement of Support Act.

(Added to NRS by 1997, 2311)

NRS 130.10135 Initiatingtribunal defined. Initiating tribunal meansan authorized tribunal in an initiating state.

(Added to NRS by 1997, 2312)

NRS 130.10139 Issuingstate defined. Issuing state means a statein which a tribunal issues a support order or renders a judgment determiningparentage.

(Added to NRS by 1997, 2312)

NRS 130.10143 Issuingtribunal defined. Issuing tribunal means atribunal that issues a support order or renders a judgment determiningparentage.

(Added to NRS by 1997, 2312)

NRS 130.10147 Lawdefined. Law includes decisional andstatutory law and rules and regulations having the force of law.

(Added to NRS by 1997, 2312)

NRS 130.10151 Obligeedefined. Obligee means:

1. A natural person to whom a duty of support is or isalleged to be owed or in whose favor a support order has been issued or ajudgment determining parentage has been rendered;

2. A state or political subdivision to which therights under a duty of support or support order have been assigned or which hasindependent claims based on financial assistance provided to an individualobligee; or

3. A natural person seeking a judgment determiningparentage of his child.

(Added to NRS by 1997, 2312)

NRS 130.10155 Obligordefined. Obligor means a natural person, orthe estate of a decedent, who:

1. Owes or is alleged to owe a duty of support;

2. Is alleged but has not been adjudicated to be aparent of a child; or

3. Is liable under a support order.

(Added to NRS by 1997, 2312)

NRS 130.10159 Registerdefined. Register means to file a support orderor judgment determining parentage with the clerk of a district court of thisstate.

(Added to NRS by 1997, 2312)

NRS 130.10163 Registeringtribunal defined. Registering tribunalmeans a tribunal in which a support order is registered.

(Added to NRS by 1997, 2312)

NRS 130.10167 Respondingstate defined. Responding state means astate in which a proceeding is filed or to which a proceeding is forwarded forfiling from an initiating state under the Uniform Interstate Family Support Actor a law or procedure substantially similar to that Act, the Uniform ReciprocalEnforcement of Support Act or the Revised Uniform Reciprocal Enforcement ofSupport Act.

(Added to NRS by 1997, 2312)

NRS 130.10171 Respondingtribunal defined. Responding tribunal meansan authorized tribunal in a responding state.

(Added to NRS by 1997, 2312)

NRS 130.10175 Spousal-supportorder defined. Spousal-support order meansa support order for a spouse or former spouse of an obligor.

(Added to NRS by 1997, 2312)

NRS 130.10179 Statedefined. State means a state of the UnitedStates, the District of Columbia, Puerto Rico, the United States Virgin Islandsor any territory or insular possession subject to the jurisdiction of theUnited States. The term includes:

1. An Indian tribe; and

2. A foreign jurisdiction that:

(a) Has enacted a law or established procedures for theissuance and enforcement of support orders which are substantially similar tothe procedures established under the Uniform Interstate Family Support Act, theUniform Reciprocal Enforcement of Support Act or the Revised Uniform ReciprocalEnforcement of Support Act;

(b) Is declared to be a foreign reciprocating countrypursuant to 42 U.S.C. 659a; or

(c) Is declared to be a state pursuant to NRS 130.035.

(Added to NRS by 1997, 2312)

NRS 130.10183 Support-enforcementagency defined. Support-enforcement agencymeans a public official or agency authorized to:

1. Seek the enforcement of support orders or lawsrelating to the duty of support;

2. Seek the establishment or modification of childsupport;

3. Seek a determination of parentage; or

4. Locate obligors or their assets.

(Added to NRS by 1997, 2313)

NRS 130.10187 Supportorder defined. Support order means a judgment,decree or order, whether temporary, final or subject to modification, for thebenefit of a child, spouse or former spouse, which provides for monetarysupport, health care, arrearages or reimbursement and may include related costsand fees, interest, the withholding of income, attorneys fees and otherrelief.

(Added to NRS by 1997, 2313)

NRS 130.10191 Tribunaldefined. Tribunal means a court, administrativeagency or quasi-judicial entity authorized to establish, enforce or modifysupport orders or to determine parentage.

(Added to NRS by 1997, 2313)

NRS 130.102 Tribunalof state. The district court and, within thelimitations of authority granted pursuant to NRS3.405, 125.005 or 425.381 to 425.3852, inclusive, a master or refereeappointed pursuant to any of those sections, are the tribunals of this state.

(Added to NRS by 1997, 2313)

NRS 130.103 Remediescumulative. Remedies provided by this chapterare cumulative and do not affect the availability of remedies under other law.

(Added to NRS by 1997, 2313)

Article 2Jurisdiction

Extended Personal Jurisdiction

NRS 130.201 Basesfor jurisdiction over nonresident. In aproceeding to establish, enforce or modify a support order or to determineparentage, a tribunal of this state may exercise personal jurisdiction over anonresident if:

1. He is personally served with a summons or othernotice of the proceeding within this state;

2. He submits to the jurisdiction of this state byconsent, by entering a general appearance or by filing a responsive documenthaving the effect of waiving any contest to personal jurisdiction;

3. He resided with the child in this state;

4. He resided in this state and provided prenatalexpenses or support for the child;

5. The child resides in this state as a result of theacts or directives of the nonresident;

6. He engaged in sexual intercourse in this state, andthe child may have been conceived by that act of intercourse; or

7. There is any other basis consistent with theConstitution of this state and the Constitution of the United States for theexercise of personal jurisdiction.

(Added to NRS by 1997, 2313)

NRS 130.202 Procedurewhen exercising jurisdiction over nonresident. Atribunal of this state exercising personal jurisdiction over a nonresidentunder NRS 130.201 may apply NRS 130.316 to receive evidence fromanother state and NRS 130.318 to obtaindiscovery through a tribunal of another state. In all other respects, NRS 130.301 to 130.701, inclusive, do not apply and thetribunal shall apply the procedural and substantive law of this state,including the rules on choice of law other than those established by thischapter.

(Added to NRS by 1997, 2313)

Proceedings Involving Two or More States

NRS 130.203 Initiatingand responding tribunal of state. Under thischapter, a tribunal of this state may serve as an initiating tribunal toforward proceedings to another state and as a responding tribunal forproceedings initiated in another state.

(Added to NRS by 1997, 2314)

NRS 130.204 Simultaneousproceedings in another state.

1. A tribunal of thisstate may exercise jurisdiction to establish a support order if the petition orcomparable pleading is filed after a petition or comparable pleading is filedin another state only if:

(a) The petition or comparable pleading in this stateis filed before the expiration of the time allowed in the other state forfiling a responsive pleading challenging the exercise of jurisdiction by theother state;

(b) The contesting party challenges the exercise of jurisdictionin the other state in a timely manner; and

(c) If relevant, this state is the home state of thechild.

2. A tribunal of this state may not exercisejurisdiction to establish a support order if the petition or comparablepleading is filed before a petition or comparable pleading is filed in anotherstate if:

(a) The petition or comparable pleading in the otherstate is filed before the expiration of the time allowed in this state forfiling a responsive pleading challenging the exercise of jurisdiction by thisstate;

(b) The contesting party challenges the exercise ofjurisdiction in this state in a timely manner; and

(c) If relevant, the other state is the home state ofthe child.

(Added to NRS by 1997, 2314)

NRS 130.205 Continuing,exclusive jurisdiction.

1. A tribunal of this state issuing a support orderconsistent with the law of this state has continuing and exclusive jurisdictionover a child-support order:

(a) As long as this state remains the residence of theobligor, the individual obligee or the child for whose benefit the supportorder is issued; or

(b) Until all of the parties who are natural personshave filed written consents with the tribunal of this state for a tribunal ofanother state to modify the order and assume continuing and exclusivejurisdiction.

2. A tribunal of this state issuing a child-supportorder consistent with the law of this state may not exercise its continuingjurisdiction to modify the order if the order has been modified by a tribunalof another state pursuant to the Uniform Interstate Family Support Act or alaw substantially similar to that Act.

3. If a child-support order of this state is modifiedby a tribunal of another state pursuant to the Uniform Interstate FamilySupport Act or a law substantially similar to that Act, a tribunal of thisstate loses its continuing and exclusive jurisdiction with regard toprospective enforcement of the order issued in this state and may only:

(a) Enforce the order that was modified as to amountsaccruing before the modification;

(b) Enforce aspects of that order that may not bemodified; and

(c) Provide other appropriate relief for violations ofthat order which occurred before the effective date of the modification.

4. A tribunal of this state shall recognize thecontinuing and exclusive jurisdiction of a tribunal of another state that hasissued a child-support order pursuant to the Uniform Interstate Family SupportAct or a law substantially similar to that Act.

5. A temporary support order issued ex parte orpending resolution of a jurisdictional conflict does not create continuing andexclusive jurisdiction in the issuing tribunal.

6. A tribunal of this state issuing a support orderconsistent with the law of this state has continuing and exclusive jurisdictionover a spousal-support order throughout the existence of the supportobligation. A tribunal of this state may not modify a spousal-support orderissued by a tribunal of another state having continuing and exclusivejurisdiction over that order under the law of that state.

(Added to NRS by 1997, 2314)

NRS 130.206 Enforcementand modification of support order by tribunal having continuing jurisdiction.

1. A tribunal of this state may serve as an initiatingtribunal to request a tribunal of another state to enforce or modify a supportorder issued in that state.

2. A tribunal of this state having continuing andexclusive jurisdiction over a support order may act as a responding tribunal toenforce or modify the order. If a party subject to the continuing and exclusivejurisdiction of the tribunal no longer resides in the issuing state, insubsequent proceedings the tribunal may apply NRS130.316 to receive evidence from another state and NRS 130.318 to obtain discovery through atribunal of another state.

3. A tribunal of this state which lacks continuing andexclusive jurisdiction over a spousal-support order may not serve as aresponding tribunal to modify a spousal-support order of another state.

(Added to NRS by 1997, 2315)

Reconciliation of Multiple Orders

NRS 130.207 Recognitionof controlling child-support order.

1. If a proceeding is brought under this chapter andonly one tribunal has issued a child-support order, the order of that tribunalcontrols and must be so recognized.

2. If a proceeding is brought under this chapter andtwo or more child-support orders have been issued by tribunals of this state oranother state with regard to the same obligor and child, a tribunal of thisstate shall apply the following rules in determining which order to recognizefor purposes of continuing and exclusive jurisdiction:

(a) If only one of the tribunals would have continuingand exclusive jurisdiction under this chapter, the order of that tribunalcontrols and must be so recognized.

(b) If more than one of the tribunals would havecontinuing and exclusive jurisdiction under this chapter, an order issued by atribunal in the current home state of the child controls and must be sorecognized, but if an order has not been issued in the current home state ofthe child, the order most recently issued controls and must be so recognized.

(c) If none of the tribunals would have continuing andexclusive jurisdiction under this chapter, the tribunal of this state havingjurisdiction over the parties shall issue a child-support order which controlsand must be so recognized.

3. If two or more child-support orders have beenissued for the same obligor and child and if the obligor or the individualobligee resides in this state, a party may request a tribunal of this state todetermine which order controls and must be so recognized under subsection 2.The request must be accompanied by a certified copy of every support order ineffect. The requesting party shall give notice of the request to each partywhose rights may be affected by the determination.

4. The tribunal that issued the controlling orderunder subsection 1, 2 or 3 is the tribunal that has continuing and exclusivejurisdiction under NRS 130.205.

5. A tribunal of this state which determines by orderthe identity of the controlling order under paragraph (a) or (b) of subsection2 or which issues a new controlling order under paragraph (c) of subsection 2shall state in that order the basis upon which the tribunal made its determination.

6. Within 90 days after issuance of an orderdetermining the identity of the controlling order, the party obtaining theorder shall file a certified copy of it with each tribunal that issued orregistered an earlier order of child support. A party who obtains the order andfails to file a certified copy is subject to appropriate sanctions by atribunal in which the issue of failure to file arises. The failure to file doesnot affect the validity or enforceability of the controlling order.

(Added to NRS by 1997, 2315)

NRS 130.208 Multiplechild-support orders for two or more obligees. Inresponding to multiple registrations or petitions for the enforcement of two ormore child-support orders in effect at the same time with regard to the sameobligor and different individual obligees, at least one of which was issued bya tribunal of another state, a tribunal of this state shall enforce thoseorders in the same manner as if the multiple orders had been issued by atribunal of this state.

(Added to NRS by 1997, 2316)

NRS 130.209 Creditfor payments. Amounts collected and creditedfor a particular period pursuant to a support order issued by a tribunal ofanother state must be credited against the amounts accruing or accrued for thesame period under a support order issued by a tribunal of this state.

(Added to NRS by 1997, 2316)

Article 3Civil Provisions of General Application

NRS 130.301 Proceedingsunder act.

1. Except as otherwise provided in this chapter, NRS 130.301 to 130.319, inclusive, apply to allproceedings under the Uniform Interstate Family Support Act.

2. The Uniform Interstate Family Support Act providesfor the following proceedings:

(a) The establishment of an order for spousal supportor child support pursuant to NRS 130.401;

(b) The enforcement of a support order andincome-withholding order of another state without registration pursuant to NRS 130.501 to 130.507, inclusive;

(c) The registration of an order for spousal support orchild support of another state for enforcement pursuant to NRS 130.601 to 130.614, inclusive;

(d) The modification of an order for child support orspousal support issued by a tribunal of this state pursuant to NRS 130.203 to 130.206, inclusive;

(e) The registration of an order for child support ofanother state for modification pursuant to NRS130.601 6o 130.614, inclusive;

(f) The determination of parentage pursuant to NRS 130.701; and

(g) The assertion of jurisdiction over nonresidentspursuant to NRS 130.201 and 130.202.

3. An individual petitioner or a support-enforcementagency may commence a proceeding authorized under this chapter by filing apetition in an initiating tribunal for forwarding to a responding tribunal orby filing a petition or a comparable pleading directly in a tribunal of anotherstate which has or can obtain personal jurisdiction over the respondent.

(Added to NRS by 1997, 2316)

NRS 130.302 Actionby minor parent. A minor parent, or a guardianor other legal representative of a minor parent, may maintain a proceeding onbehalf of or for the benefit of the minors child.

(Added to NRS by 1997, 2317)

NRS 130.303 Applicationof law of state. Except as otherwise providedin this chapter, a responding tribunal of this state:

1. Shall apply the procedural and substantive law,including the rules on choice of law, generally applicable to similarproceedings originating in this state and may exercise all powers and provideall remedies available in those proceedings; and

2. Shall determine the duty of support and the amountpayable in accordance with the law of this state.

(Added to NRS by 1997, 2317)

NRS 130.304 Dutiesof initiating tribunal.

1. Upon the filing of a petition authorized by thischapter, an initiating tribunal of this state shall forward three copies of thepetition and its accompanying documents:

(a) To the responding tribunal or appropriatesupport-enforcement agency in the responding state; or

(b) If the identity of the responding tribunal isunknown, to the state information agency of the responding state with a requestthat they be forwarded to the appropriate tribunal and that receipt beacknowledged.

2. If a responding state has not enacted the UniformInterstate Family Support Act or a law or procedure substantially similar tothat Act, a tribunal of this state may issue a certificate or other documentand make findings required by the law of the responding state. If theresponding state is a foreign jurisdiction, the tribunal may specify the amountof support sought and provide other documents necessary to satisfy therequirements of the responding state.

(Added to NRS by 1997, 2317)

NRS 130.305 Dutiesand powers of responding tribunal.

1. When a responding tribunal of this state receives apetition or comparable pleading from an initiating tribunal or directlypursuant to subsection 3 of NRS 130.301,it shall cause the petition or pleading to be filed and notify the petitionerwhere and when it was filed.

2. A responding tribunal of this state, to the extentotherwise authorized by law, may do one or more of the following:

(a) Issue or enforce a support order, modify achild-support order or render a judgment to determine parentage;

(b) Order an obligor to comply with a support order,specifying the amount and the manner of compliance;

(c) Order the withholding of income;

(d) Determine the amount of any arrearages and specifya method of payment;

(e) Enforce orders by civil or criminal contempt, orboth;

(f) Set aside property for satisfaction of the supportorder;

(g) Place liens and order execution on the obligorsproperty;

(h) Order an obligor to keep the tribunal informed ofhis current residential address, telephone number, employer, address ofemployment and telephone number at the place of employment;

(i) Issue a bench warrant for an obligor who has failedafter proper notice to appear at a hearing ordered by the tribunal and enterthe bench warrant in any local and state computer systems for criminalwarrants;

(j) Order the obligor to seek appropriate employment byspecified methods;

(k) Award reasonable attorneys fees and other fees andcosts; and

(l) Grant any other available remedy.

3. A responding tribunal of this state shall includein a support order issued under this chapter, or in the documents accompanyingthe order, the calculations on which the support order is based.

4. A responding tribunal of this state may notcondition the payment of a support order issued under this chapter uponcompliance by a party with provisions for visitation.

5. If a responding tribunal of this state issues anorder under this chapter, the tribunal shall send a copy of the order to thepetitioner and the respondent and to the initiating tribunal, if any.

(Added to NRS by 1997, 2317)

NRS 130.306 Inappropriatetribunal. If a petition or comparable pleadingis received by an inappropriate tribunal of this state, it shall forward thepleading and accompanying documents to an appropriate tribunal in this state oranother state and notify the petitioner where and when the pleading was sent.

(Added to NRS by 1997, 2318)

NRS 130.307 Dutiesof support-enforcement agency.

1. A support-enforcement agency of this state, uponrequest, shall provide services to a petitioner in a proceeding under thischapter.

2. A support-enforcement agency that is providingservices to the petitioner as appropriate shall:

(a) Take all steps necessary to enable an appropriatetribunal in this state or another state to obtain jurisdiction over therespondent;

(b) Request an appropriate tribunal to set a date, timeand place for a hearing;

(c) Make a reasonable effort to obtain all relevantinformation, including information as to the income and property of theparties;

(d) Within 5 days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written notice from an initiating, respondingor registering tribunal, send a copy of the notice to the petitioner;

(e) Within 5 days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written communication from the respondent orhis attorney, send a copy of the communication to the petitioner; and

(f) Notify the petitioner if jurisdiction over therespondent cannot be obtained.

3. This chapter does not create or negate arelationship of attorney and client or other fiduciary relationship between asupport-enforcement agency or the attorney for the agency and the naturalperson being assisted by the agency.

(Added to NRS by 1997, 2318)

NRS 130.308 Dutyof Attorney General. If the Attorney Generaldetermines that the support-enforcement agency is neglecting or refusing toprovide services to a natural person, the Attorney General may order the agencyto perform its duties under this chapter or may provide those services directlyto the person.

(Added to NRS by 1997, 2318)

NRS 130.309 Privatecounsel. A natural person may employ privatecounsel to represent him in proceedings authorized by this chapter.

(Added to NRS by 1997, 2319)

NRS 130.310 Dutiesof State Information Agency.

1. The central unit established pursuant to NRS 425.400 is the State Information Agencyunder this chapter.

2. The State Information Agency shall:

(a) Compile and maintain a current list, includingaddresses, of the tribunals in this state which have jurisdiction under thischapter and any support-enforcement agencies in this state and transmit a copyto the state information agency of every other state;

(b) Maintain a register of tribunals andsupport-enforcement agencies received from other states;

(c) Forward to the appropriate tribunal in the place inthis state in which an individual obligee or obligor resides, or in which anobligors property is believed to be located, all documents concerning aproceeding under this chapter received from an initiating tribunal or the stateinformation agency of the initiating state; and

(d) Obtain information concerning the location of anobligor and the obligors property within this state that is not exempt fromexecution, by such means as postal verification and federal or state locatorservices, examination of telephone directories, requests for the obligorsaddress from employers and examination of governmental records, including, tothe extent not prohibited by other law, records relating to real property,vital statistics, law enforcement, taxation, motor vehicles, drivers licensesand social security.

(Added to NRS by 1997, 2319)

NRS 130.311 Pleadingsand accompanying documents.

1. A petitioner seeking to establish or modify asupport order or to determine parentage in a proceeding under this chapter mustverify the petition. Unless otherwise ordered pursuant to NRS 130.312, the petition or accompanyingdocuments must provide, so far as known, the name, residential address andsocial security number of the obligor and the obligee, and the name, sex,residential address, social security number and date of birth of each child forwhom support is sought. The petition must be accompanied by a certified copy ofany support order in effect. The petition may include any other informationthat may assist in locating or identifying the respondent.

2. The petition must specify the relief sought. Thepetition and accompanying documents must conform substantially with therequirements imposed by the forms mandated by federal law for use in casesfiled by a support-enforcement agency.

(Added to NRS by 1997, 2319)

NRS 130.312 Nondisclosureof information in exceptional circumstances. Upona finding, which may be made ex parte, that the health, safety or liberty of aparty or child would be unreasonably put at risk by the disclosure ofidentifying information, or if an existing order so provides, a tribunal shallorder that the address of the child or party or other identifying informationnot be disclosed in a pleading or other document filed in a proceeding underthis chapter.

(Added to NRS by 1997, 2319)

NRS 130.313 Costsand fees.

1. Except as otherwise required pursuant to Section 16of Article 6 of the Nevada Constitution, a petitioner must not be required topay a filing fee or other costs.

2. If an obligee prevails, a responding tribunal mayassess against an obligor filing fees, reasonable attorneys fees and othercosts, expenses for necessary travel and other reasonable expenses incurred bythe obligee and the witnesses of the obligee. The tribunal may not assess fees,costs or expenses against the obligee or the support-enforcement agency ofeither the initiating or the responding state, except as otherwise provided byother law. Attorneys fees may be taxed as costs and may be ordered to be paiddirectly to the attorney, who may enforce the order in his own name. Payment ofsupport owed to the obligee has priority over fees, costs and expenses.

3. The tribunal shall order the payment of costs andreasonable attorneys fees if it determines that a hearing was requestedprimarily for delay. In a proceeding pursuant to NRS 130.601 to 130.614, inclusive, a hearing is presumedto have been requested primarily for delay if a registered support order isconfirmed or enforced without change. This presumption is subject to rebuttal.

4. All attorneys fees and other costs and expensesawarded to and collected by a district attorney pursuant to this section mustbe deposited in the general fund of the county and an equivalent amount must beallocated to augment the countys program for the enforcement of supportobligations.

(Added to NRS by 1997, 2319)

NRS 130.314 Limitedimmunity of petitioner.

1. Participation by a petitioner in a proceedingbefore a responding tribunal, whether in person, by private attorney or throughservices provided by the support-enforcement agency, does not confer personaljurisdiction over the petitioner in another proceeding.

2. A petitioner is not amenable to service of civilprocess while physically present in this state to participate in a proceedingunder this chapter.

3. The immunity granted by this section does notextend to civil litigation based on acts unrelated to a proceeding under thischapter committed by a party while present in this state to participate in theproceeding.

(Added to NRS by 1997, 2320)

NRS 130.315 Nonparentageas defense. A party whose parentage of a childhas been previously determined by or pursuant to law may not plead nonparentageas a defense to a proceeding under this chapter.

(Added to NRS by 1997, 2320)

NRS 130.316 Specialrules of evidence and procedure.

1. The physical presence of a petitioner in aresponding tribunal of this state is not required for the establishment,enforcement or modification of a support order or the rendition of a judgmentdetermining parentage.

2. A verified petition, an affidavit, a documentsubstantially complying with federally mandated forms and a documentincorporated by reference in any of them, not excluded under NRS 51.065 if given in person, isadmissible in evidence if given under oath by a party or witness residing inanother state.

3. A copy of the record of child-support paymentscertified as a true copy of the original by the custodian of the record may beforwarded to a responding tribunal. The copy is evidence of facts assertedtherein and is admissible to show whether payments were made.

4. Copies of bills for testing for parentage, and forprenatal and postnatal health care of the mother and child, furnished to theadverse party at least 20 days before trial are admissible in evidence to provethe amount of the charges billed and that the charges were reasonable,necessary and customary.

5. Documentary evidence transmitted from another stateto a tribunal of this state by telephone, telecopier or other means that do notprovide an original writing may not be excluded from evidence on an objectionbased on the means of transmission.

6. In a proceeding under this chapter, a tribunal ofthis state may permit a party or witness residing in another state to bedeposed or to testify by telephone, audiovisual means or other electronic meansat a designated tribunal or other location in that state. A tribunal of thisstate shall cooperate with tribunals of other states in designating anappropriate location for the deposition or testimony.

7. In a civil proceeding under this chapter, if aparty called to testify refuses to answer a question on the ground that thetestimony may be self-incriminating, the trier of fact may draw an adverseinference from the refusal.

8. A privilege against the disclosure of communicationsbetween husband and wife does not apply in a proceeding under this chapter.

9. The defense of immunity based on the relationshipof husband and wife or parent and child does not apply in a proceeding underthis chapter.

(Added to NRS by 1997, 2320)

NRS 130.317 Communicationbetween tribunals. A tribunal of this statemay communicate with a tribunal of another state in writing, or by telephone orother means, to obtain information concerning the laws of that state, the legaleffect of a judgment, decree or order of that tribunal, and the status of aproceeding in the other state. A tribunal of this state may furnish similarinformation by similar means to a tribunal of another state.

(Added to NRS by 1997, 2321)

NRS 130.318 Assistancewith discovery. A tribunal of this state may:

1. Request a tribunal of another state to assist inobtaining discovery; and

2. Upon request, compel a person over whom it hasjurisdiction to respond to a discovery order issued by a tribunal of anotherstate.

(Added to NRS by 1997, 2321)

NRS 130.319 Receiptand disbursement of payments. Asupport-enforcement agency or tribunal of this state shall disburse promptlyany amounts received pursuant to a support order, as directed by the order. Theagency or tribunal shall furnish to a requesting party or tribunal of anotherstate a certified statement by the custodian of the record of the amounts anddates of all payments received.

(Added to NRS by 1997, 2321)

Article 4Establishment of Support Order

NRS 130.401 Issuanceof support order.

1. If a support order entitled to recognition underthis chapter has not been issued, a responding tribunal of this state may issuea support order if:

(a) The natural person seeking the order resides inanother state; or

(b) The support-enforcement agency seeking the order islocated in another state.

2. The tribunal may issue a temporary child-supportorder if:

(a) The respondent has signed a verified statementacknowledging parentage;

(b) The respondent has been determined by or pursuantto law to be the parent; or

(c) There is other clear and convincing evidence thatthe respondent is the parent of the child.

3. Upon finding, after notice and opportunity to beheard, that an obligor owes a duty of support, the tribunal shall issue asupport order directed to the obligor and may issue other orders pursuant to NRS 130.305.

(Added to NRS by 1997, 2321)

Article 5Enforcement of Order of Another State WithoutRegistration

NRS 130.501 Employersreceipt of income-withholding order of another state. Anincome-withholding order issued in another state may be sent to an employer ofan obligor in this state without first filing a petition or comparable pleadingor registering the order with a tribunal of this state.

(Added to NRS by 1997, 2322)

NRS 130.502 Employerscompliance with income-withholding order of another state.

1. Upon receipt of an income-withholding order, anemployer of an obligor shall immediately provide a copy of the order to theobligor.

2. The employer shall treat an income-withholdingorder issued in another state that appears regular on its face as if it hadbeen issued by a tribunal of this state.

3. Except as otherwise provided in subsection 4 and NRS 130.503, the employer shall withholdand distribute the money as directed in the withholding order by complying withterms of the order which specify:

(a) The duration and amount of periodic payments ofcurrent child support, stated as a sum certain;

(b) The person or agency designated to receive paymentsand the address to which the payments are to be forwarded;

(c) Requirements for medical support, whether in theform of periodic cash payment, stated as a sum certain, or ordering the obligorto provide health insurance coverage for the child under a policy availablethrough the obligors employment;

(d) The amount of periodic payments of fees and costsfor a support-enforcement agency, the issuing tribunal and the obligeesattorney, stated as sums certain; and

(e) The amount of periodic payments of arrearages andinterest on arrearages, stated as sums certain.

4. An employer shall comply with the law of the stateof the obligors principal place of employment for withholding from income withrespect to:

(a) The employers fee for processing anincome-withholding order;

(b) The maximum amount permitted to be withheld fromthe obligors income;

(c) The times within which the employer must implementthe withholding order and forward the child-support payment; and

(d) Any terms or conditions of withholding notspecified in the withholding order.

(Added to NRS by 1997, 2322)

NRS 130.503 Employerscompliance with multiple income-withholding orders. Ifan employer of an obligor receives multiple income-withholding orders withrespect to the earnings of the same obligor, the employer satisfies the termsof the multiple orders if the employer complies with the law of the state ofthe obligors principal place of employment to establish the priorities forwithholding and allocating income withheld for multiple child-support obligees.

(Added to NRS by 1997, 2322)

NRS 130.504 Immunityfrom civil liability. An employer who complieswith an income-withholding order issued in another state in accordance with NRS 130.501 to 130.507, inclusive, is not subject to civilliability to a natural person or agency with regard to the withholding of childsupport by the employer from the income of the obligor.

(Added to NRS by 1997, 2323)

NRS 130.505 Penaltiesfor noncompliance. An employer who willfullyfails to comply with an income-withholding order issued by another state and receivedfor enforcement is subject to the same penalties that may be imposed for noncompliancewith an order issued by a tribunal of this state.

(Added to NRS by 1997, 2323)

NRS 130.506 Contestby obligor.

1. An obligor may contest the validity or enforcementof an income-withholding order issued in another state and received directly byan employer in this state by requesting, within 15 days after he receives acopy of the order pursuant to NRS 130.502,a tribunal of this state to conduct a hearing for that purpose.

2. The obligor shall give notice of the contest to:

(a) A support-enforcement agency providing services tothe obligee;

(b) Each employer that has directly received anincome-withholding order; and

(c) The person or agency designated to receive paymentsin the income-withholding order, or if no person or agency is designated, to theobligee.

3. The obligor has the burden of proving one or moreof the following defenses:

(a) The tribunal that issued the order lacked personaljurisdiction over the obligor;

(b) The order was obtained by fraud;

(c) The order has been vacated, suspended, stayed ormodified by a later order; or

(d) There is a mistake of fact as to the amount of theorder or the identity of the obligor.

4. The provisions of NRS130.604 apply to the contest. If the tribunal determines:

(a) Any of the defenses presented pursuant tosubsection 3 in favor of the obligor, it shall issue an order to stay thewithholding.

(b) None of the defenses presented pursuant tosubsection 3 in favor of the obligor, it shall order the employer to proceedwith the withholding, and may assess costs and attorneys fees against theobligor.

5. The tribunal shall provide the parties and employerwith notice of its decision within 45 days after the obligor received a copy ofthe order pursuant to NRS 130.502.

(Added to NRS by 1997, 2323)

NRS 130.507 Administrativeenforcement of orders.

1. A party seeking to enforce a support order or anincome-withholding order, or both, issued by a tribunal of another state maysend the documents required for registering the order to a support-enforcementagency of this state.

2. Upon receipt of the documents, thesupport-enforcement agency, without initially seeking to register the order,shall consider and, if appropriate, use any administrative procedure authorizedby the law of this state to enforce a support order or an income-withholdingorder, or both. If the obligor does not contest administrative enforcement, theorder need not be registered. If the obligor contests the validity oradministrative enforcement of the order, the support-enforcement agency shallregister the order pursuant to this chapter.

(Added to NRS by 1997, 2323)

Article 6Enforcement and Modification of Support OrderAfter Registration

Registration and Enforcement of Support Order

NRS 130.601 Registrationof order for enforcement. A support order oran income-withholding order issued by a tribunal of another state may beregistered in this state for enforcement.

(Added to NRS by 1997, 2324)

NRS 130.602 Procedureto register order for enforcement.

1. A support order or income-withholding order ofanother state may be registered in this state by sending the followingdocuments and information to the State Information Agency in this state:

(a) A letter of transmittal requesting registration andenforcement;

(b) Two copies, including one certified copy, of allorders to be registered, including any modification of an order;

(c) A sworn statement by the party seeking registrationor a certified statement by the custodian of the records showing the amount ofany arrearage;

(d) The name of the obligor and, if known:

(1) The address and social security number ofthe obligor;

(2) The name and address of the employer of theobligor and any other source of income of the obligor; and

(3) A description and the location of propertyof the obligor in this state that is not exempt from execution; and

(e) The name and address of the obligee and, ifapplicable, the agency or person to whom support payments are to be remitted.

2. On receipt of a request for registration, the StateInformation Agency shall cause the order to be filed with the registeringtribunal as a foreign judgment, together with one copy of the documents andinformation, regardless of their form.

3. A petition or comparable pleading seeking a remedythat must be affirmatively sought under other law of this state may be filed atthe same time as the request for registration or later. The pleading mustspecify the grounds for the remedy sought.

(Added to NRS by 1997, 2324)

NRS 130.603 Effectof registration for enforcement.

1. A support order or income-withholding order issuedin another state is registered when the order is filed in the registeringtribunal of this state.

2. A registered order issued in another state isenforceable in the same manner and is subject to the same procedures as anorder issued by a tribunal of this state.

3. Except as otherwise provided in NRS 130.601 to 130.614, inclusive, a tribunal of thisstate shall recognize and enforce, but may not modify, a registered order ifthe issuing tribunal had jurisdiction.

(Added to NRS by 1997, 2324)

NRS 130.604 Choiceof law.

1. The law of the issuing state governs the nature,extent, amount and duration of current payments and other obligations ofsupport and the payment of arrearages under the order.

2. In a proceeding for arrearages, the statute oflimitation under the law of this state or of the issuing state, whichever islonger, applies.

(Added to NRS by 1997, 2324)

Contest of Validity or Enforcement

NRS 130.605 Noticeof registration of order.

1. When a support order or income-withholding orderissued in another state is registered, the registering tribunal shall notifythe nonregistering party and a support-enforcement agency of this state. Thenotice must be accompanied by a copy of the registered order and the documentsand relevant information accompanying the order.

2. The notice must inform the nonregistering party:

(a) That a registered order is enforceable as of thedate of registration in the same manner as an order issued by a tribunal ofthis state;

(b) That a hearing to contest the validity orenforcement of the registered order must be requested within 20 days after thenotice;

(c) That failure to contest the validity or enforcementof the registered order in a timely manner will result in confirmation of theorder and enforcement of the order and the alleged arrearages and precludesfurther contest of that order with respect to any matter that could have beenasserted; and

(d) Of the amount of any alleged arrearages.

3. Upon registration of an income-withholding orderfor enforcement, the registering tribunal shall cause appropriate notice of theorder to be provided to the employer of the obligor in accordance with chapter 31A of NRS.

(Added to NRS by 1997, 2324)

NRS 130.606 Procedureto contest validity or enforcement of registered order.

1. A nonregistering party seeking to contest thevalidity or enforcement of a registered order in this state shall request ahearing within 20 days after notice of the registration. The nonregisteringparty may seek to vacate the registration, to assert any defense to anallegation of noncompliance with the registered order, or to contest theremedies being sought or the amount of any alleged arrearages pursuant to NRS 130.607.

2. If the nonregistering party fails to contest thevalidity or enforcement of the registered order in a timely manner, the orderis confirmed by operation of law.

3. If a nonregistering party requests a hearing tocontest the validity or enforcement of the registered order, the registeringtribunal shall schedule the matter for hearing and give notice to the partiesof the date, time and place of the hearing.

(Added to NRS by 1997, 2325)

NRS 130.607 Contestof registration or enforcement.

1. A party contesting the validity or enforcement of aregistered order or seeking to vacate the registration has the burden ofproving one or more of the following defenses:

(a) The issuing tribunal lacked personal jurisdictionover the contesting party;

(b) The order was obtained by fraud;

(c) The order has been vacated, suspended or modifiedby a later order;

(d) The issuing tribunal has stayed the order pendingappeal;

(e) There is a defense under the law of this state tothe remedy sought;

(f) Full or partial payment has been made; or

(g) The statute of limitation applicable pursuant to NRS 130.604 precludes enforcement of someor all of the arrearages.

2. If a party presents evidence establishing a full orpartial defense under subsection 1, a tribunal may stay enforcement of theregistered order, continue the proceeding to permit production of additionalrelevant evidence and issue other appropriate orders. An uncontested portion ofthe registered order may be enforced by all remedies available under the law ofthis state.

3. If the contesting party does not establish adefense under subsection 1 to the validity or enforcement of the order, theregistering tribunal shall issue an order confirming the order.

(Added to NRS by 1997, 2325)

NRS 130.608 Confirmedorder. Confirmation of a registered order,whether by operation of law or after notice and hearing, precludes furthercontest of the order with respect to any matter that could have been assertedat the time of registration.

(Added to NRS by 1997, 2326)

Registration and Modification of Child-Support Order

NRS 130.609 Procedureto register child-support order of another state for modification. A party or support-enforcement agency seeking to modify,or to modify and enforce, a child-support order issued in another state shall registerthat order in this state in the same manner provided in NRS 130.601 to 130.604, inclusive, if the order has notbeen registered. A petition for modification may be filed at the same time as arequest for registration or later. The pleading must specify the grounds formodification.

(Added to NRS by 1997, 2326)

NRS 130.610 Effectof registration for modification. A tribunal of this state may enforce achild-support order of another state registered for purposes of modification,in the same manner as if the order had been issued by a tribunal of this state,but the registered order may be modified only if the requirements of NRS 130.611 have been met.

(Added to NRS by 1997, 2326)

NRS 130.611 Modificationof child-support order of another state.

1. After a child-support order issued in another statehas been registered in this state, the responding tribunal of this state maymodify that order only if NRS 130.613does not apply and after notice and hearing it finds that:

(a) The following requirements are met:

(1) The child, the individual obligee and theobligor do not reside in the issuing state;

(2) A petitioner who is a nonresident of thisstate seeks modification; and

(3) The respondent is subject to the personaljurisdiction of the tribunal of this state; or

(b) The child, or a party who is a natural person, issubject to the personal jurisdiction of the tribunal of this state and all ofthe parties who are natural persons have filed written consents in the issuingtribunal for a tribunal of this state to modify the support order and assumecontinuing and exclusive jurisdiction over the order. However, if the issuingstate is a foreign jurisdiction that has not enacted a law or establishedprocedures substantially similar to the procedures established by the UniformInterstate Family Support Act, the consent otherwise required of a naturalperson residing in this state is not required for the tribunal to assumejurisdiction to modify the child-support order.

2. Modification of a registered child-support order issubject to the same requirements, procedures and defenses that apply to themodification of an order issued by a tribunal of this state, and the order maybe enforced and satisfied in the same manner.

3. A tribunal of this state may not modify any aspectof a child-support order that may not be modified under the law of the issuingstate. If two or more tribunals have issued child-support orders for the sameobligor and child, the order that controls and must be so recognized under NRS 130.207 establishes the aspects of thesupport order which may not be modified.

4. On issuance of an order modifying a child-supportorder issued in another state, a tribunal of this state becomes the tribunalhaving continuing and exclusive jurisdiction.

(Added to NRS by 1997, 2326)

NRS 130.612 Recognitionof order modified in another state. A tribunalof this state shall recognize a modification of its earlier child-support orderby a tribunal of another state which assumed jurisdiction pursuant to theUniform Interstate Family Support Act or a law substantially similar to thatAct and, upon request, except as otherwise provided in this chapter, shall:

1. Enforce the order that was modified only as toamounts accruing before the modification;

2. Enforce only aspects of that order that may not bemodified;

3. Provide other appropriate relief only forviolations of that order which occurred before the effective date of themodification; and

4. Recognize the modifying order of the other state,upon registration, for the purpose of enforcement.

(Added to NRS by 1997, 2327)

NRS 130.613 Jurisdictionto modify child-support order of another state when individual parties residein this state.

1. If all of the parties who are natural personsreside in this state and the child does not reside in the issuing state, atribunal of this state has jurisdiction to enforce and to modify thechild-support order of the issuing state in a proceeding to register thatorder.

2. A tribunal of this state exercising jurisdictionunder this section shall apply the provisions of NRS 130.0902 to 130.209, inclusive, and 130.601 to 130.614, inclusive, and the procedural andsubstantive law of this state to the proceeding for enforcement ormodification. The provisions of NRS 130.301to 130.507, inclusive, and 130.701, 130.801and 130.802 do not apply.

(Added to NRS by 1997, 2327)

NRS 130.614 Noticeto issuing tribunal of modification. Within 90days after the issuance of a modified child-support order, the party obtainingthe modification shall file a certified copy of the order with the issuingtribunal that had continuing and exclusive jurisdiction over the earlier orderand in each tribunal in which the party knows the earlier order has beenregistered. A party who obtains the order and fails to file a certified copy issubject to appropriate sanctions by a tribunal in which the issue of failure tofile arises. The failure to file does not affect the validity or enforceabilityof the modified order of the new tribunal having continuing and exclusivejurisdiction.

(Added to NRS by 1997, 2327)

Article 7Determination of Parentage

NRS 130.701 Proceedingto determine parentage.

1. A tribunal of this state may serve as an initiatingor responding tribunal in a proceeding brought under the Uniform InterstateFamily Support Act or a law or procedure substantially similar to that Act, theUniform Reciprocal Enforcement of Support Act or the Revised Uniform ReciprocalEnforcement of Support Act to determine that the petitioner is a parent of aparticular child or to determine that a respondent is a parent of that child.

2. In a proceeding to determine parentage, aresponding tribunal of this state shall apply the procedural and substantivelaw of this state and the rules of this state on choice of law.

(Added to NRS by 1997, 2327)

Article 8Interstate Rendition

NRS 130.801 Groundsfor rendition.

1. For the purposes of this section and NRS 130.802, governor includes a naturalperson performing the functions of governor or the executive authority of astate covered by this chapter.

2. The Governor of this state may:

(a) Demand that the governor of another state surrendera natural person found in the other state who is charged criminally in thisstate with having failed to provide for the support of an obligee; or

(b) On the demand of the governor of another state,surrender a natural person found in this state who is charged criminally in theother state with having failed to provide for the support of an obligee.

3. A provision for extradition of natural persons thatis not inconsistent with this chapter applies to the demand even if the naturalperson whose surrender is demanded was not in the state making the demand whenthe crime was allegedly committed and has not fled therefrom.

(Added to NRS by 1997, 2327)

NRS 130.802 Conditionsof rendition.

1. Before making a demand that the governor of anotherstate surrender a natural person charged criminally in this state with havingfailed to provide for the support of an obligee, the Governor of this state mayrequire a prosecutor of this state to demonstrate that at least 60 dayspreviously the obligee had initiated proceedings for support pursuant to thischapter or that the proceeding would be of no avail.

2. If, under the Uniform Interstate Family Support Actor a law substantially similar to that Act, the Uniform Reciprocal Enforcementof Support Act or the Revised Uniform Reciprocal Enforcement of Support Act,the governor of another state makes a demand that the Governor of this statesurrender a natural person charged criminally in that state with having failedto provide for the support of a child or other natural person to whom a duty ofsupport is owed, the Governor may require a prosecutor to investigate thedemand and report whether a proceeding for support has been initiated or wouldbe effective. If it appears that a proceeding would be effective but has notbeen initiated, the Governor may delay honoring the demand for a reasonabletime to permit the initiation of a proceeding.

3. If a proceeding for support has been initiated andthe natural person whose rendition is demanded prevails, the Governor maydecline to honor the demand. If the petitioner prevails and the natural personwhose rendition is demanded is subject to a support order, the Governor maydecline to honor the demand if the person is complying with the support order.

(Added to NRS by 1997, 2328)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.