Assembly Bill No. 231–Committee on Judiciary

(On Behalf of Welfare Division—Child Support Enforcement)

February 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions relating to enforcement of child support and appointment of guardian ad litem in paternity action. (BDR 11-445)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to children; imposing certain requirements before a court may waive arrearages in the payment of child support; expanding the class of persons to whom district attorneys must provide certain services for the support of children; clarifying certain provisions regarding the appointment of a guardian ad litem in an action to determine paternity; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 125B of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 Before a court issues or modifies an order for the support of a child,

1-4 the court shall determine whether any of the parties to the proceeding are

1-5 receiving or have ever received public assistance. If the court determines

1-6 that any of those parties are receiving or have ever received public

1-7 assistance, the court shall not waive any arrearages in the payment of

1-8 child support until after it has provided the welfare division of the

1-9 department of human resources with notice and an opportunity to be

1-10 heard regarding the matter.

1-11 Sec. 2. NRS 125B.002 is hereby amended to read as follows:

1-12 125B.002 As used in NRS 125B.002 to 125B.180, inclusive, and

1-13 section 1 of this act, unless the context otherwise requires, the words and

2-1 terms defined in NRS 125B.004 and 125B.008 have the meanings ascribed

2-2 to them in those sections.

2-3 Sec. 3. NRS 125B.150 is hereby amended to read as follows:

2-4 125B.150 1. The district attorney of the county of residence of the

2-5 child , or of a parent , alleged parent or guardian who does not have

2-6 physical custody of the child , shall take such action as is necessary to

2-7 establish parentage of the child and locate and take legal action, including

2-8 the establishment or adjustment of an obligation of support, against a

2-9 [parent] person who has a duty to support the child when requested to do

2-10 so by the [custodial] parent , alleged parent or guardian or a public

2-11 agency which provides assistance to the parent , alleged parent, guardian

2-12 or child. If the court for cause transfers the action to another county, the

2-13 clerk of the receiving court shall notify the district attorney of that county,

2-14 and that district attorney shall proceed to prosecute the cause of action and

2-15 take such further action as is necessary to establish parentage and to

2-16 establish or adjust the obligation of support and to enforce the payment of

2-17 support pursuant to this chapter or chapter 31A, 126, 130 or 425 of NRS.

2-18 2. In a county where the district attorney has deputies to aid him in the

2-19 performance of his duties, the district attorney shall designate himself or a

2-20 particular deputy as responsible for performing the duties imposed by

2-21 subsection 1.

2-22 3. Except as otherwise provided in NRS 126.101, the district attorney

2-23 and his deputies do not represent the parent , alleged parent, guardian or

2-24 [the] child in the performance of their duties pursuant to this chapter and

2-25 chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as

2-26 representatives of the state.

2-27 4. Officials of the welfare division of the department of human

2-28 resources are entitled to access to the information obtained by the district

2-29 attorney if that information is relevant to the performance of their duties.

2-30 The district attorney or his deputy shall inform each person who provides

2-31 information pursuant to this section concerning the limitations on the

2-32 confidentiality between lawyer and client under these circumstances.

2-33 5. Disclosures of criminal activity by a parent or child are not

2-34 confidential.

2-35 6. The district attorney shall inform each parent who applies for his

2-36 assistance in this regard that a procedure is available to collect unpaid

2-37 support from any refund owed to the parent who has a duty to support the

2-38 child because an excessive amount of money was withheld to pay his

2-39 federal income tax. The district attorney shall submit to the welfare

2-40 division all documents and information it requires to pursue such a

2-41 collection if:

2-42 (a) The applicant is not receiving public assistance.

2-43 (b) The district attorney has in his records:

3-1 (1) A copy of the order of support for a child and any modifications

3-2 of the order which specify their date of issuance and the amount of the

3-3 ordered support;

3-4 (2) A copy of a record of payments received or, if no such record is

3-5 available, an affidavit signed by the custodial parent attesting to the

3-6 amount of support owed; and

3-7 (3) The current address of the custodial parent.

3-8 (c) From the records in his possession, the district attorney has reason to

3-9 believe that the amount of unpaid support is not less than $500.

3-10 Before submitting the documents and information to the welfare division,

3-11 the district attorney shall verify the accuracy of the documents submitted

3-12 relating to the amount claimed as unpaid support and the name and social

3-13 security number of the parent who has a duty to support the child. If the

3-14 district attorney has verified this information previously, he need not

3-15 reverify it before submitting it to the welfare division.

3-16 7. The welfare division shall adopt such regulations as are necessary to

3-17 carry out the provisions of subsection 6.

3-18 Sec. 4. NRS 126.101 is hereby amended to read as follows:

3-19 126.101 1. The child must be made a party to the action. If he is a

3-20 minor, he must be represented by his general guardian or a guardian ad

3-21 litem appointed by the court. The child’s mother or father may not

3-22 represent the child as guardian or otherwise. If a district attorney brings an

3-23 action pursuant to NRS 125B.150 [,] and the interests of the child:

3-24 (a) Are adequately represented by the appointment of the district

3-25 attorney as his guardian ad litem, the district attorney shall act as guardian

3-26 ad litem for the child without the need for court appointment . [, if the

3-27 interests of the child are adequately represented by the appointment of the

3-28 district attorney. If the interests of the child are]

3-29 (b) Are not adequately represented by the appointment [,] of the district

3-30 attorney as his guardian ad litem, the welfare division of the department

3-31 of human resources must be appointed as guardian ad litem in the case.

3-32 2. The natural mother and a man presumed to be the father under NRS

3-33 126.051 must be made parties, but if more than one man is presumed to be

3-34 the natural father, only a man presumed pursuant to subsection 2 of NRS

3-35 126.051 is an indispensable party. Any other presumed or alleged father

3-36 may be made a party.

3-37 3. The court may align the parties.

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