Nevada State Law
1. General Program-At-A-Glance
1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
The Nevada Child Support Enforcement Program (CSEP) is administered by the Nevada Division of Welfare and Supportive Services (DWSS)and operated by three state program area offices and nine county district attorney offices through cooperative agreements. |
2. What is the name of your IV-D agency? |
State of Nevada, Division of Welfare and Supportive Services, Child Support Enforcement Program |
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
Quasi-judicial process
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4. Does your state use the following applications: EDE, CSENET, QUICK? |
Yes, all of the above applications. |
2. Duration Of Support
1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
The age of majority is 18 or under age 19 if a student in high school. NRS 129.010, 125.510, 125B.110 and 425.300
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
18
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
No
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes, if an order exists that extends the age of majority due to the child's disability
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
Currently, there are no State Laws regarding the emancipation of the child that would result in early termination of the Child Support obligation.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
If there is a change in custody of the child, that her or she no longer lives with the parent who was receiving child support, or now lives with the parent who was obligated to pay child support, the parent providing support can request a termination of the support order. |
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
No |
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
If an order does not already exist, the State of Nevada does not provide IV-D services to establish support for a post majority support. |
3. Statute Of Limitations
1. What is your state's statute of limitations for the collection of past-due support? |
If a support order does not exist, pursuant to state regulation, the Child Support Enforcement Program will only seek to recover past due support on behalf of an obligee receiving IV-D services from the beginning of IV-D services, but not to exceed four years of support. If an order exists there is no statute of limitations.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
Three years after the child reaches the age of majority.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
A dormant judgement may be revived by bringing an action but must be done within ten years of the judgement. A Nevada Judgement will expire within six years from the date it is entered in the case unless it is renewed.
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4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
8. Distribution
1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
Effective October 1, 1996, all child support collections received through the IV-D program while a family receives TANF cash assistance are considered retained by the state and reduce the amount of URA including amounts the state sends to the family in the form of disregard payments or pass-through payments. |
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
Effective November 1, 2002 disregard and pass-on payments were no longer sent to the family. |
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
Federal tax offset collections are the exception to meeting current support obligations. Federal tax offset collections must only be applied to Federal tax offset certified arrears balances. |
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
If the collection satisfies the current support for all orders, proceed to allocate the remaining balance of collection, prorating among the monthly amount owed for arrears, then among the total arrears balances of all cases. |
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
Proration is first based on the current monthly support obligation owed for each case, then the monthly arrears obligation due for each case, followed by arrears balances owed for each case.
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9. Enforcement
1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
Data matches such as Garnishments of Federal payments, Defense Manpower Data Center enables enforcing authorities to verify if the child is eligible for Tricare and already enrolled in DEERS. Federal child Support Portal, CSLN database |
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
When a jurisdiction receives a CSE Transmittal #3-Request for Assistance/Discovery from another jurisdiction, it should not open a IV-D. It should only provide the limited assistance requested. Documentation include certified copies of Orders, payment records, provide assistance with service of process and genetic testing, obtain financial data/proof of respondents income. File a Notice of Determination of Controlling Order with An order-issuing Tribunal. |
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
A Nevada Judgment of $1,000 or more and the custodial parent resides in Nevada (or the last known address was in Nevada)
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
The agencies include Equifax, Experian and TransUnion |
5. Is the method for credit bureau reporting judicial, administrative, or both? |
Both judicial and administrative. |
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
If a child support obligation has been paid in full and the account still appears as delinquent, the NCP can file a dispute with the credit bureaus to potentially have it updated. |
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes, arrears amount must be at least $150. for Assistance cases and $500.00 for Non Assistance cases. |
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes, arrears amount must be at least $150.00 for Assistance cases and $500.00 for Non Assistance cases. |
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes, per SEM 602.19 $500.00 minimum in arrears. |
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes, per SEM 602.19 $500.00 minimum in arrears. |
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
The NCP 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 IV-D services began. SEM 620. |
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes per SEM 620 The NCP 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 IV-D services began. |
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
Yes, all IV-D cases with arrears over $2000.00 are submitted to the Department of State (DoS) for passport denial. |
14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
Execution on a financial account requires a judgment; the judgment must be from a Nevada court or from another state's court which has been recorded in Nevada by use of an interstate lien form NRS 125B.144 |
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes, Exempt accounts are listed in NRS 21.105
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16. Is the financial institution attachment process in your state centralized and/or automated? |
In Nevada, the financial institution attachment process is centralized. |
17. What are the criteria to attach an account in a financial institution in your state? |
Execution on a financial account requires a judgment; the judgment must be from a Nevada court or from another state's court which has been recorded in Nevada by use of an interstate lien form NRS 125B.144 |
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No, enforcement actions from other states should be directed to our state's child support office
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
In Nevada, NRS 31A.025 specifies two different processes for implementing income withholding |
20. Does your state's income withholding definition include amounts in financial institutions? |
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
An obligor is subject to license suspension when the individual fails to comply with a subpoena or warrant relating to enforcement an obligation for the support of a child. Owes past due support for one or more children greater than $1,000, and is equivalent to two (2) months delinquent in payments for the support of a child, or any payments ordered by a court for arrearage and fails to provide medical insurance for a child as ordered by the court.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
Obligor has 30 days from the receipt of notice to pay arrears in full, enter into or comply with a payment plan, provide proof of medical insurance of the child, comply with a subpoena or warrant, or submit a written request for a hearing |
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
No |
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
Obligors are subject to licenses suspensions when the following criteria exist: Arrears are greater than $1000, and equivalent to two (2) months delinquent in payments for the support of a child(ren), or any payments ordered by a court for arrearages or the obligor has failed to provide medical insurance for a child as ordered by the court or the obligor has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or establish, modify or enforce an obligation for the support of a child. Real estate licenses, notary, law license |
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
The licensing agency must be notified, per NRS 425.550, within five (5) days after the person satisfies compliance requirements. If mail delivery may not occur within five (5) days, the Notice of Compliance must be faxed directly to the licensing agency. A copy of the notice is also sent to the NCP. |
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No |
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
Obligors are subject to licenses suspensions when the following criteria exist: Arrears are greater than $1000, and equivalent to two (2) months delinquent in payments for the support of a child(ren), or any payments ordered by a court for arrearages or the obligor has failed to provide medical insurance for a child as ordered by the court or the obligor has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or establish, modify or enforce an obligation for the support of a child. |
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
The licensing agency must be notified, per NRS 425.550, within five (5) days after the person satisfies compliance requirements. If mail delivery may not occur within five (5) days, the Notice of Compliance must be faxed directly to the licensing agency. A copy of the notice is also sent to the NCP. |
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No
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36. What are the criteria for initiating/filing a lien in your state? |
Obligors with at least $500 in arrears (adjudicated or unadjudicated) for one or more children are submitted to CSLN weekly.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
Administrative |
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
No, Nevada has no state income tax. |
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Nevada does not have a statewide lottery. Gambling winnings are considered a source of income and subject to interception for child support obligations. |
40.1. If yes, is this enforcement judicial, administrative, or both? |
N/A |
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
10. Modification And Review/Adjustment
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
The enforcing authority must conduct a review of a child support order over which Nevada has Continuing Exclusive Jurisdiction (CEJ): Every three years (36 months)
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2. What is your state's modification procedure? Briefly describe. |
Notification of Right to Review and Adjustment is sent to the parties subject to a child support order 30 days prior, conduct the review, notify the parties of the proposed adjustment, complete a stipulation if the parties are in agreement & petition the court for a modification.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
NRS 125B.145(4) states a change of at least 20% (increase or decrease) in the gross monthly income of an obligor constitutes a change of circumstances.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
Yes |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
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4.4. The cost of living has changed. |
No |
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
4.6. There has been a substantial change in childcare expenses. |
Yes |
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
"Change in circumstances criteria: Must be at least 20% change in the gross monthly income of the obligor. " |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
Yes, after learning that a noncustodial parent will be incarcerated for more than 180 calendar days, without the need for a specific request and, upon notice to both parents, review and, if appropriate, adjust the order.
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11. Lump Sum Payments
1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
lump sum payment defined: a commission, discretionary or nondiscretionary bonus, productivity or performance bonus, Profit sharing, referral or sign-on bonus, an incentive payment for moving or relocation, attendance award, safety award, cash payment award, termination pay, severance pay; and any other one-time, unscheduled or irregular payment of compensation.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
Yes. NRS 31A.072 
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Nevada utilizes the OMB approved Income withholding order (IWO) |
12. Cost Recovery And Fees
1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
No |
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
N/A |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
N/A |
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
It is retained by the state from support collected The fee will be collected from either 1) the custodian (CST) when application is made, 2) the noncustodial parent (NCP) when child support payments begin or 3) state funds |
3.1. Is it retained by the state from support collected? |
Yes |
3.2. Is it paid by the individual applying for child support services? |
Yes, the custodian (CST) when application is made |
3.3. Is it recovered from the noncustodial parent? |
Yes, the noncustodial parent (NCP) when child support payments begin |
3.4. Is it paid by the state out of its state funds? |
Yes, by state funds |
13. Insurance Match
1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
Yes The child support agencies that choose to act on the match send a request to the insurer to withhold the payment, based on the state's laws and policies. NRS 425.364. All collections receipted for current support and arrears on a current assistance case must be distributed per the hierarchy and also reduce the cumulative amount of URA. The payment for withholding will be giving priority to current support up to the limits imposed.
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2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
Insurance claim assets (disability benefits, judgments and settlements) are considered income under NRS 31A.150 and as such may be intercepted, when Nevada has jurisdiction to enforce, by sending the insurance carrier or Third Party Administrator (TPA) an income withholding order (IWO) pursuant to NRS 31A.150. |
3. What process does your state use to intercept insurance payments? |
Child Support Lien Network. Collections resulting from intercepted judgments, settlements and disability benefits are income withholding collections pursuant to NRS 31A.016 and 31A.150 and must be allocated as income withholding in accordance with NRS 31A.030
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4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
Nevada does not have a State Worker's Compensation Agency.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
Yes |
14. Family Violence
15. CSENet
1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
Yes |
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
Yes |
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
Yes |
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
Yes |
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
Yes |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
Yes |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
Currently,
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2. What are the procedures and associated costs for obtaining a certified payment record? |
N/A
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17. Uniform Interstate Family Support Act (UIFSA)
18. International - Reciprocity
1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
Germany, Austria, France and Mexico |
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
No |
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
Yes |
19. International Information For Hague Convention Countries
1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
Yes,
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
3. What methods of personal service does your state use? |
Forward documents needing to be served to the sheriff, other public official, or private contractor. |
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
Hearing masters are required to accept voluntary acknowledgements of paternity, in addition to voluntary acknowledgements of support and stipulated agreements setting the amount of support to be paid. |
6. What circumstances will cause your state to end child support before the normal duration? |
Death, CST declines child support & NCP is in agreement
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20. International Payments
1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
Paper warrants will be issued to Non Custodial Parents, employers, income payers, alternate payees, custodians living in foreign countries, OJURS and other agencies that do not have EFT accounts. Debit cards are not issued in these circumstances. |
2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
The State of Nevada cannot, itself, reduce the costs and fees associated with international payment processing. |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
21. Tribal Non IV-D
1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
No, Nevada's does not have jurisdiction on tribal land. |
1.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
No |