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Nevada State Law

A. General/Program-At-A-Glance

A1. How many local IV-D 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.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No
A2.1. If yes, what is the statutory citation?
N/A
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Nevada Revised Statutes (NRS) Chapter 130.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Two copies including a certified copy of order.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Nevada has state-level agreements with Austria, France, Germany and Mexico.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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

D. Age of Majority

D1. What is the age of majority in your state?
The age of majority is 18 or under age 19 if a student in high school.
D2. What is the statutory citation 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.
At age 18 or under 19 if a student in high school.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Handicapped if the impairment occurred before the age of majority. See NRS 125B.110. http://www.leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec110
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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for 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. See NRS 125B.030, 125B.040 and 125B.050
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E2. What is your State's statute of limitations for paternity establishment?
Three years after the child reaches the age of majority.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of Income model.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest is charged at the prime rate at the largest bank in Nevada plus two percent. See NRS 125B.140 and NRS 99.040
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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.
N/A
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.
See F2.1 above.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If prior order specifies a sum certain amount.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
None.
F6.2. If yes, what costs are recovered from or 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 withholdings actions up to $4 monthly maximum, payable to the State Treasurer.
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
NRS 14.065; NRS 126; NRS 130
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Nevada child support will enforce spousal maintenance orders in conjunction with the enforcement of an ongoing child support obligation. Nevada child support does not establish or modify spousal maintenance orders.
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, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
Nevada will inquire about Health Insurance Coverage which may be provided for the children of the case through the new spouse's employer.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Pursuant to NRS 425.3847 the fee is retained from an obligor's collections. http://www.leg.state.nv.us/NRS/NRS-425.html#NRS425Sec3847
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
No.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 2009.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution rules.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Nevada requests that the Custodian complete our Declaration of Custodian of Minor Child to change Child Support Payee and have it sign, notarized and filed with the court. The form can be downloaded from the website at http://dwss.nv.gov/index. See NRS 125B.040 See NRS 125B.040
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
See F17
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
See F17
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
See F11
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Costs may be assessed against the obligor
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Sources of income not subject to withholding include TANF, SSI, and VA Disability.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
An employer may deduct $3.00 from the amount paid the obligor each time the employer makes a withholding.
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G4. 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.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days after the date of each payment of the regularly scheduled payroll of the employer.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Enforcing authority may petition the court for an order to show cause.
G7. What is the penalty to an employer for failure to remit payments withheld?
The court may order an employer to pay punitive damages to an obligee not to exceed $1,000 for each pay period the employer failed to withhold income as required.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
All interstate requests for direct withholding of UIB are referred via UIFSA for full service to Nevada Central Registry and are essentially a two-state process.
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G8.2. What documents are required to intercept UI benefits?
N/A
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Workers' compensation in Nevada is privatized and all income witholding orders for WC benefits are sent to private insurance carriers and third party adminstrators.
G10. 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. See NRS 31A.050.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
If two or more income withholding orders are being enforced against the same obligor, all current support obligations must be satisfied before any amounts are applied to arrears. If the amount collected is not sufficient to meet all obligations, then the total amount collected must be prorated by determining each obligee's share of the total. See NRS 31A.030.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
NRS 31A.030(2)
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No.
G13. When does your state require the employer to send notice of an employee's termination?
Employer must notify the enforcing authority when employee/obligor no longer works for them. NRS 31A.080
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
N/A
G15. Does your state charge any fees to the obligor that the employer must 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. Fee collections must be remitted separately from child support and sent by the employer to the State Treasurer. See NRS 31A.075 and NRS 31A.080. For further information regarding the fee employers may visit the State's child support website, https://dwss.nv.gov/pdf/infoEmployers.pdf
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
yes
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes. See NRS 31A and NRS 130
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G18. 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.
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.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Collections are allocated across all obligations. Current support must be satisfied before any amounts are applied to arrears.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
State Regulation. See Support Enforcement Manual Section 703.1.
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
A conclusive presumption that a man is the natural father of a child is established if genetic tests made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father except that the presumption may be rebutted if he establishes that he has an identical sibling who may be the father. NRS 126.051
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
After the 60 day rescission period has expired a voluntary paternity acknowledgment is deemed to have the same effect as a court order regarding the establishment of paternity, and may only be challenged on the grounds of fraud, duress or material mistake of fact.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
10/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
A man is presumed to be a child's natural father if he and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marrage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court. The presumption may only be rebutted by clear and convincing evidence such as a court order establishing another man as the child's father.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.

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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
After 10/1/1997 a man's name can only be recorded on a birth certificate if the man and the child's natural mother are married (marriage presumption) or if a voluntary acknowledgment has been signed or if a court issues an order establishing the man as the child's father.
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
A man is presumed to be a child's nautral father if he and the child's natural mother cohabitated for at least 6 months before conception. A man is also presumed to be a child's nautral father if he receives the child into his home and openly holds out the child as his natural child. See NRS 126.051.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
N/A
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
03/29/1943
H11.3. 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?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
The court may permit a party or witness residing outside of the judicial district to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location outside of the judicial district. See NRS 425.3832
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
NRS 126.091 and NRS 130.201
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H14. Does your state recover genetic testing costs for another state?
No
H14.1. If yes, please explain.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Court Order, paternity acknowledgment filed with the Office of Vital Records
H16. If there is more than one child with the same custodial party 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 set

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined 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?
Genetic Testing Orders
I1.2. Under what circumstances would a judicial process would be used?
Any circumstance necessary to establish an order
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 noncustodial (NCP's) (for example, new spouses or children)?
No income other than the NCP's is required to be considered.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
NRS 125B.080
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
From the original IV-D 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
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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, specify those limitations.
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.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Administrative Genetic Test Order. NRS 425.490
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I6. What is your state's statutory authority for the administrative process?
NRS 425
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to 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 now be ordered, should the other state request an establishment or a modification?
Establishment if the previous order did not have an arrears payment and/or order the non-custodial parent to provide health insurance. If the reserved order included a provision for an arrears payment and/or the non-custodial parent was ordered to provide health insurance the state would request a modification.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff, other public official, or private contractor
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
The court may consider 12 factors for deviating, either up or down, from the statutory formula. These factors may include: cost of health care, cost of child care, cost of special educational needs, any other necessary expenses for the benefit of the child
I17. Please provide the relevant statutory or case law citation. **
See Nevada Revised Statute 125B.070 and 125B.080
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **

J. Support Enforcement

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 with a judgment
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J2.2. Where are your state liens filed?
County Recorder's offices
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, 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 an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent 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
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the 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 IV-D 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 delinquent dollar amount that makes an obligor eligible for asset seizure?
$5000.00 for personal property other than bank accounts. $1000.00 for FIDM
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
None.
J5.3.1. If yes, please provide the time frame.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
J5.4.2. Is the percentage different for joint accounts?
J5.4.3. If yes, describe.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, 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?
The enforcing authority
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
20 days
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 a Freeze and Seize action?
Amount owed
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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 is 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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
No. State holds asset during the appeal time frame.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Upon receipt of notice
For Additional Information - No Link Provided
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?
Administrative
J7. Describe any other administrative enforcement procedures your state may have.
License suspension, passport denial, CRA reporting, etc.
J8. 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)
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J10. Which of your state's enforcement remedies are available without judicial actions?
Any administrative process such as: Income withholding, license revocation and liens
J11. Describe your state's procedures for registering and enforcing another state's order.
(UIFSA) NRS 130
J12. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
NRS 17.330-17.400
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
A Nevada judgment of $1,000 or more and the custodial parent's most recent address must be in Nevada
J15. To which credit bureaus does your state report an obligor's child support information?
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Both methods are used
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Vendor and miscellaneous payments and federal retirement payments
J19. What documentation does your state require to proceed with an AEI request?
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Past Due Support deems an obligor eligible for any AEI
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
CSENET and UIFSA Transmittals requesting this information should be sent to the Nevada Central Registry
J26. What is the procedure for obtaining a certified payment record?
CSENET and UIFSA Transmittals requesting this information should be sent to the Nevada Central Registry
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There are no state fees associated but county fees may apply
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
The person would owe a total of more than $1000 for child support arrears and be delinquent for at least two months or have failed to provide medical insurance for a child as required by a court order.
J29. What triggers a driver's license revocation?
See J28
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
See J28
J29.2 If yes, what is the amount?
See J28
J30. Under what conditions may a noncustodial party restore the driver's license?
The non-custodial party may pay all past due support, pay the amount of overdue payments for the preceding 12 months which a court has determined are in arrears, enter into a repayment agreement with the enforcing authority, or provide proof that the child is covered under a policy, contract, or plan of medical insurance if the driver's license was suspended due to failure to provide and maintain medical insurance.
J30.1 What is the process for restoring a driver's license?
See J30
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
An amount greater than $150.00 depending on the case
J33.2 What is the dollar amount?
See J33.1
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J38.2 What is the dollar amount?
$500
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes, if referenced in a court order

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Upon written request from CST, NCP, legal guardian or interstate IV-D agency.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
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. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
No
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
At the courts discretion SSA disability payments are applied to current monthly obligation then to past due support for timeframe since disability was approved.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
At the court's discretion an abatement period may be ordered.
K7.2. What is the statutory citation for your abatement law?
NRS 125B.080
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Earnings records
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K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Nevada Division of Public and Behavioral Health Office of Vital Records, 4150 Technology Way, Suite 104, Carson City, NV 89706 (775) 684-4242 $20 verified copy
K8. What information does your state require to register an out-of-state order for enforcement/modification?
A Transmittal requesting registration and enforcement, two copies, including one certified copy, of the order to be registered, including any modification of the order, and a sworn statement by the person requesting registration or a certified statement by the custodian of records showing the amount of any arrearage Individual judicial districts may have additional requirements
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes. See NRS 125B.100
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Nevada State law allows for payments to continue at the same rate as current support obligation and any court ordered amount for arrearages.
K10. What circumstances will cause your state to end child support before the normal duration? **
If one or more of the following situations exist: 1. The child emancipates before the normal duration 2. The child is no longer under the care of the custodial parent and there is no decision redirecting payments to someone else 3. The child marries 4. The child is adopted by someone other than the non-custodial parent 5. The child has been removed from the family and is a civil ward of the state 6. The child support order states that child support ceases prior to the normal duration

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Lump sum is not defined, but lump sum payments are subject to income withholding statutes and garnishment statutes, see below.
L1.2 Provide the statutory citation.
NRS 31A016 Income defined NRS 31A.150 Other sources of money NRS 31.295 Garnishment of earnings
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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
By E-Mail to smummalaneni@dwss.nv.gov, or FAX to (775) 684-0702 Attention Sandhya Mummalaneni.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Response is normally provided within 5 working days.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
No
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
The State Disbursement Unit
L12. Does your state have a debit card program?
yes
L12.1 If so, specify the vendor.
Bank of America
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
no
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
All payments must be paid to the Nevada State Disbursement Unit
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments are disbursed via check or EFT
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through the state disbursement unit.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
SUBPOENAS - NRS 425.3832 Hearings: Procedure; subpoenas; compensation of witnesses; evidence. http://www.leg.state.nv.us/NRS/NRS-425.html#NRS425Sec3832 LIENS/LEVIES - NRS 21.040 Return of execution http://www.leg.state.nv.us/NRS/NRS-021.html#NRS021Sec040 IWO-NRS 31A.150 Other sources of money from which support may be withheld; duty of public entity upon receipt of notice to withhold http://www.leg.state.nv.us/NRS/NRS-31A.html#NRS031ASec150
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO's
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The child support enforcement agency
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
NRS 31A.040 Notice to obligor who is subject to withholding.
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
A Hearing Request must be received by the Program within 15 days from the date the Notice was mailed.
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M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Nevada does not have a State Worker's Compensation Agency.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
No
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
No
N3. Does your state 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)
No
N4. Does your state 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)
No