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Nevada State Profile |
Updated on 01 Aug 2006
Certified on 14 Aug 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
Combination |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
3 State offices: Las Vegas, Reno and Elko 12 County District Attorney Offices |
| A3. With what types of agencies do you have cooperative agreements? |
County District Attorney's and Judicial District Courts |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
N/A |
| A4.1. If so, what is the statutory citation? |
N/A |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
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| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
06/19/1997 |
| B2. What is the effective date of your State's Act? |
1/1/1998 |
| B3. What is the statutory citation for your State's Act? |
NRS 130
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| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
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| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Polish People's Republic, Federal Republic of Germany, England, United Kingdom, Canadian Provinces, - Alberta - Saskatchewan - Manitoba - British Columbia - Ontario - Nova Scotia Norway, Ireland, Mexico, Slovak Republic, Austria, Czechoslovakia, Hungary, France, Australia, Portugal, Netherlands |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
D. Age of Majority |
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| D1. What is the age of majority in your State? |
age of majority is 18; or up to a maximum age of 19, if a student is enrolled in, but has not yet completed high school. |
| D2. What is the statutory cite for the age of majority? |
NRS 129.010, 125.510, 125B.110 and 425.300
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| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
age of majority is 18; or up to a maximum age of 19, if a student is enrolled in, but has not yet completed high school. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Handicapped - NRS 125B.110 |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
|
E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
None if an order exists; if no order, retroactive support may be requested back 4 years from date of application for services |
| E2. What is your State's statute of limitations for paternity establishment? |
3 years beyond age of majority of child. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
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F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of Income Model Gross income of obligor: 1 CHILD = 18%of gross monthly income: 2 CHILDREN = 25% of gross monthly income: 3 CHILDREN = 29% of gross monthly income: 4 Children = 31% of gross monthly income: For EACH ADDITIONAL CHILD, add an additional two percent (2%). The presumptive maximum amount per month per child for an obligation of support is calculated as follows: Parent's Gross Monthly Income (PGMI) PGMI = $0 to $4235 Maximum is $547; PGMI = $4235 to $6351 Maximum is $602; PGMI = $6351 to $8467 Maximum is $658; PGMI = $8467 to $10585 Maximum is $712; PGMI = $12701 to $14816 Maximum is $821; PGMI = $14816 to No Limit Maximum is $877. These amounts must be adjusted on July 1st of each year for the fiscal year beginning that day and ending June 30 the following year calculated in a rounded dollar amount corresponding to the % of increase of decrease in the Consumer Price Index (All Items) published by the US Dept of Labot for the preceding year. Nevada requires the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
NRS 99.040 Interest rate when no express written contract fixes rate. 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due. |
| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
NRS 99.040 Interest rate when no express written contract fixes rate. 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If prior order set specific dollar amount. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
None. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
1.)Genetic Test Fees as contained in court order; 2.)NRS 125B.095 Penalty for delinquent payment of installment of obligation of support. If an installment of an obligation to pay support for a child which arises from the judgment of a court becomes delinquent in the amount owed for 1 month's support, a penalty must be added by operation of this section to the amount of the installment. This penalty must be included in a computation of arrearages by a court of this State and may be so included in a judicial or administrative proceeding of another state. Penalty continues to be calculated until ongoing support is brought current. All penalty collected is passed on to the obligee. 3.)$2 fee collected from employee by employer on all income withholding actions up to $4 monthly maximum, payable to CSEP. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
If in court order, Nevada will enforce. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
NRS 14.065; NRS 126; NRS 130
For |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Establish spousal order - No; Enforce spousal order - Only in conjunction with enforcement of an ongoing child support obligation; Modify spousal order - No. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income withholding |
| G2. What specific source of income is not subject to withholding? |
Exempted funds such as TANF, SSI, VA disability
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| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
|
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Obligor responsible for a $2.00 fee payable to State Treasurer per withholding. See NRS 31A.075 Employers may charge employee an optional fee of $3.00 per withholding. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
With the first pay period that occurs within 14 days after the date the notice was mailed. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 days after scheduled payroll deduction. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Can apply for and the court may issue an order directing the employer to appear and show cause why he/she is not subject to penalties. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
May be fined, not to exceed $1000 for each pay period withholding that is not honored. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
Although NRS allows for direct withholding of UIB across state lines, the programming at our Employment Security Dept. does not allow for this functionality. Therefore, all interstate requests for direct withholding of UIB are still referred via UIFSA for full service to Nevada Central Registry and are essentially a two-state process. |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
|
| G11. How does an obligor contest income withholding in your State? |
Within 15 days after a notice of withholding is mailed to the obligor, the obligor may request a hearing by contacting the enforcing authority. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Employers are instructed in NRS 130.502 to treat an income withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of Nevada. Priority scheme in NRS 31A.160 states Child Support has priority over any other proceeding against the same money and current support has priority over any other orders for the support of a child. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - No Link Provided |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No. |
| G14. When does your state require the employer to send notice of an employee's termination? |
Employer must promptly notify the CSE (IVD) Agency when employee/obligor no longer works for them. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
Yes, it is mandatory for the Employer to deduct an additional $2.00 for each withholding, not to exceed two withholding fees per month per employee. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Priority scheme in NRS 31A.160 states Child Support has priority over any other proceeding against the same money and current support has priority over any other orders for the support of a child. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99.9% NRS 126.051e |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
10/1/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Rebuttable for six months after which it became conclusive. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
If IV-D case, NCP brings rebuttal request to the District Attorney's office enforcing the case or files directly with the court. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
Yes |
| H6.1. If not, briefly explain. |
Only if the child was born 10/1/1997 or later.NRS 126.053. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
NRS 126.051. Cohabiting 6 months prior to and through period of conception; Attempted marriage is/or could be invalid; alleged father receives the child in his home and holds child out to be his natural child. |
| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
|
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
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| H10.2. When did your current common law standard go into effect? |
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| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Written testimony, teleconferencing, audiovisual means |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
NRS 14.065; NRS 126; NRS 130
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| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
If stated as a sum certain amount in court order. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Court Order |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
10/01/1997 |
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One docket is sufficient (w/PA). |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Quasi-judicial process |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
|
| I1.2. Under what circumstances would the judicial process be used? |
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| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
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| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
No income other than the NCP's is required to be considered. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
NRS 125B.080 |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
From the original IVD application date, not to exceed the four year statute of limitations when no support order exist at the time of application |
| I4.2. What information or documentation does your State require to proceed? |
Depends on circumstances |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Must also establish current support in court order. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Administrative Genetic Test Order. NRS 425.490 |
| I6. What is your State's statutory authority for the administrative process? |
NRS 425 |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
|
J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Nevada has no state income tax |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative (NRS425.460 and 425.470) Judicial (NRS21) |
| J2.1. What are the trigger criteria for filing a lien? |
Child Support Order |
| J2.2. Where is your State liens filed? |
RP & PP - County Recorder's offices |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
|
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Nevada law provides the child support enforcement program with the option of executing (Nevada Revised Statute 21) or liening (freezing) and attaching (seizing) an account (NRS 425.470) |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Administrative: Upon Delinquency. See NRS 425.470 Judicial: Any notice to the obligor is provided by they sheriff. See NRS 21. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
Administrative lien on account: State. See NRS 425.470 Execution on account: Any notice to the obligor is provided by the sheriff. See NRS 21. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Administrative lien on account: Simultaneously with notice to financial institution. Execution on account: Any notice to the obligor is provided by the sheriff |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
The obligor must owe adjudicated arrears for the support of one or more children greater than $1000.00 and be at least two months in arrears since IVD services began. Caseworkers must obtain attorney approval before proceeding with an action against a joint, business, or trust account. Account balance must be at least $500.00 if balance is known. When the financial institution does not provide an account balance, this requirement does not apply. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$5000.00 for personal property other than bank accounts. $1000.00 for FIDM |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
None. Lien on account remains until released. |
| J5.3. 1. If yes, please provide the time frame. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
|
| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
$500 if the balance is known. If unknown, no limitation. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
Enforcing authority |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
20 days |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
N/A |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Amount owed |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Judicial for both processes. |
| J5.11. What are your State's penalties for incorrect seizures? |
None specified. |
| J5.12. Is the second challenge administrative, judicial or both? |
N/A |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Administrative lien process: The obligor must request a hearing within twenty days after receiving notice of the lien. Receipt is statutorily defined as three days after the notice of lien has been mailed first class, postage prepaid. See NRS 425.475 Execution on account: The obligor must file within eight days of receiving notice. See NRS 21. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Neither centralized nor automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
No. State holds asset during the appeal time frame. See NRS 425-470 |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
Upon receipt of notice |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Unemployment Insurance Benefits, Worker's compensation, administrative |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Other, creditor's claim against estate, administrative |
| J8. Please describe any other judicial enforcement procedures your state may have. |
U.S. Attorney referrals |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Must register with County Recorder where property is located (NRS 125B.142/125B.144)
|
| J10. Which of our state's enforcement remedies are available without registration? |
Any administrative process such as: Income withholding, license revocation and liens |
| J11. Describe your state's registration and enforcement procedures. |
(UIFSA) NRS 130 |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Implement contempt proceedings depending on case circumstances. A monthly repayment amount for recovery judgment could be established for cases which have a recovery judgment but no ongoing support ordered. Property seizure and sale. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
NRS 17.330-17.400
|
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Nevada is unable to accept Transmittal #3 at this time. A full service request must be made. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
INNOVIS |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Judicial |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Initiating State |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Arrears over $1000 - Nevada judgment CST must live in Nevada. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every 3 years. Less than 3 years with change in circumstances. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon written request from CST, NCP, legal guardian or interstate IV-D agency. |
| K3. Briefly describe your State's modification procedure. |
Case manager determines if order meets three-year review or change of circumstance criteria. If case is excluded from modification, requestor is notified of the decision not to review and the reason. Within 180 calendar days of receiving the request, a review must be conducted and the case manager must notify the parties of the proposed adjustment or determination there should be no adjustment and their right to request a hearing to challenge the decision. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
Order being enforced in NV; order is at least 36 months old; requests by NCP, CST/Guardian or IV-D agency; 15% or $75 increase or decrease in the child support order and/or health insurance coverage is available through the NCP's employment and is not addressed in the court order. In the event the three year rule does not apply and the request is based on change of circumstance, there must be at least a 20% change in the gross monthly income of a person who is subject to an order for support of a child. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
No |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Change in circumstances criteria: Must be at least 20% change in the gross monthly income of the obligor. If order based on Nevada Average Wage or the $100 minimum and current information is provided based on NCP's income, must be considered change of circumstance. Any case in which ongoing obligation has been reduced due to cost of health insurance when: a: CST has health insurance available at no cost or at lesser cost than NCP, wants to cover child under his/her policy and have NCP pay full child support obligation; b: NCP changes employment and insurance not available at no cost; Existing order is a percentage; not sum certain. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
|
| K7. How does your state credit SSA disability to current and past due support? |
|
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
Yes |
| K8.1. If so, please explain the situation? |
At the court's discretion an abatement period may be ordered. |
| K8.2. What is the statutory cite for your abatement law? |
|
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
|
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Bureau of Health Planning and Statistics Office of Vital Records, 505 E King Street, Room 102, Carson City, NV 89701-4749 (775) 684-4242 |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
$20 verified copy |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Lump sum is not defined, but lump sum payments are subject to income withholding statutes. |
| L1.2 Provide the statutory citation. |
|
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
|
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
|
| L4. How are employers instructed to report a pending lump sum? |
|
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
|
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
|
| L7. Does your state use the income withholding order to attach the lump sum payment? |
|
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
|
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
|
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
|
| L9. What other documents does your state use to attach lump sum payments? |
|
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
|
| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
|
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
|
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| |
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