Assembly Bill No. 644–Committee on Judiciary
(On Behalf of Welfare Division—Child Support Enforcement)
March 22, 1999
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Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning recovery of support for children. (BDR 3-636)
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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 31A.070 is hereby amended to read as follows:1-2
31A.070 1. The enforcing authority shall mail, by1-3
1-4
an obligor’s employer:1-5
(a) If the provisions of subsection 2 of NRS 31A.025 apply,1-6
immediately upon determining that the obligor is delinquent in the1-7
payment of support; or1-8
(b) If the provisions of subsection 2 of NRS 31A.025 do not apply,1-9
immediately upon the entry of the order of support.1-10
2.1-11
income from the obligor after receiving the notice to withhold income1-12
that was mailed pursuant to subsection 1, the enforcing authority shall2-1
mail, by certified mail, return receipt requested, another notice to2-2
withhold income to the employer.2-3
3. A notice to withhold income may be issued electronically and must:2-4
(a) Contain the social security number of the obligor;2-5
(b) Specify the amount to be withheld from the income of the obligor;2-6
(c) Specify the amount of the fee authorized in NRS 31A.090 for the2-7
employer;2-8
(d) Describe the limitation for withholding income prescribed in NRS2-9
31.295;2-10
(e) Describe the prohibition against terminating the employment of an2-11
obligor because of withholding and the penalties for wrongfully refusing to2-12
withhold pursuant to the notice to withhold income;2-13
(f) Specify that, pursuant to NRS 31A.160, the withholding of income2-14
to enforce an order of a court for child support has priority over other2-15
proceedings against the same money; and2-16
(g) Explain the duties of an employer upon the receipt of the notice to2-17
withhold income.2-18
Sec. 2. NRS 31A.095 is hereby amended to read as follows:2-19
31A.095 1. If an employer wrongfully refuses to withhold income as2-20
required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a2-21
notice to withhold income that was sent by certified mail pursuant to2-22
subsection 2 of NRS 31A.070, or knowingly misrepresents the income of2-23
an employee, the enforcing authority may apply for and the court may2-24
issue an order directing the employer to appear and show cause why he2-25
should not be subject to the penalty prescribed in subsection 2 of NRS2-26
31A.120.2-27
2. At the hearing on the order to show cause, the court, upon a finding2-28
that the employer wrongfully refused to withhold income as required or2-29
knowingly misrepresented an employee’s income:2-30
(a) May order the employer to comply with the requirements of NRS2-31
31A.025 to 31A.190, inclusive;2-32
(b) May order the employer to provide accurate information concerning2-33
the employee’s income;2-34
(c) May fine the employer pursuant to subsection 2 of NRS 31A.120;2-35
and2-36
(d) Shall require the employer to pay the amount the employer failed or2-37
refused to withhold from the obligor’s income.2-38
Sec. 3. NRS 31A.270 is hereby amended to read as follows:2-39
31A.270 NRS 31A.160 applies to all assignments of income pursuant2-40
to NRS 31A.250 to2-41
1. Must be calculated in accordance with NRS 31.295.3-1
2. May include the amount of the current support due and a payment3-2
on the arrearages if previously ordered by a court of competent3-3
jurisdiction.4-1
Sec. 4. NRS 31A.280 is hereby amended to read as follows:4-2
31A.280 1. An order for an assignment issued pursuant to NRS4-3
31A.250 to4-4
is binding upon any existing or future employer of an obligor upon whom4-5
a copy of the order is served by certified mail, return receipt requested.4-6
The order may be modified or revoked at any time by the court.4-7
2. To enforce the obligation for support, the employer shall cooperate4-8
with and provide relevant information concerning the obligor’s4-9
employment to the person entitled to the support or that person’s legal4-10
representative. A disclosure made in good faith pursuant to this subsection4-11
does not give rise to any action for damages for the disclosure.4-12
3. If the order for support is amended or modified, the person entitled4-13
to the payment of support or that person’s legal representative shall notify4-14
the employer of the obligor to modify the amount to be withheld4-15
accordingly.4-16
4. To reimburse the employer for his costs in making the payment4-17
pursuant to the assignment, he may deduct $3 from the amount paid to the4-18
obligor each time he makes a payment.4-19
5. If an employer wrongfully refuses to honor an assignment or4-20
knowingly misrepresents the income of an employee, the court, upon4-21
request of the person entitled to the support or that person’s legal4-22
representative, may enforce the assignment in the manner provided in NRS4-23
31A.095 for the enforcement of the withholding of income.4-24
6. Compliance by an employer with an order of assignment operates as4-25
a discharge of the employer’s liability to the employee as to that portion of4-26
the employee’s income affected.4-27
Sec. 5. NRS 31A.300 is hereby amended to read as follows: 31A.300 In any proceeding where a court makes or has made an order4-29
of assignment of income for the payment of the support of a child to a4-30
person ,4-31
4-32
assignment be made to the4-33
4-34
any proceeding to enforce that order. The enforcing authority shall4-35
disburse the payments so received to the person to whom the assignment4-36
was made in the amount that the person is entitled to receive.4-37
Sec. 6. NRS 31A.310 is hereby amended to read as follows:4-38
31A.310 1. The person or other entity to whom support is ordered to4-39
be paid by assignment of income shall notify the court and the employer of4-40
the obligor , by any form of mail requiring a return receipt, of any change4-41
of address within a reasonable time after that change.4-42
2. If the employer or the legal representative of the person entitled to4-43
the payment for support is unable to deliver payments as required pursuant5-1
to NRS 31A.250 to5-2
because of the failure of the person entitled to the support to notify the5-3
employer or his legal representative of a change of address, the employer5-4
or legal representative shall not make any further payments pursuant to the5-5
assignment and shall return all undeliverable payments to the employee.5-6
Sec. 7. NRS 31A.330 is hereby amended to read as follows:5-7
31A.330 1. Money may be withheld for the support of a child5-8
pursuant to NRS 31A.250 to5-9
money due to:5-10
(a) The obligor as a pension, an annuity, unemployment compensation,5-11
a benefit because of disability, retirement or other cause;5-12
(b) The obligor as a return of contributions and interest; or5-13
(c) Some other person because of the death of the obligor,5-14
from the5-15
of Nevada or an agency of either, a public trust, corporation or board or a5-16
system for retirement, disability or annuity established by a statute of this5-17
state.5-18
2. When a certified copy of any order of assignment is served by5-19
certified mail, return receipt requested, on any entity described in5-20
subsection 1, other than the Federal Government, it must comply with any5-21
request for a return of employee contributions by an employee named in5-22
the order by paying the contributions to the person entitled to the payment5-23
of support or that person’s legal representative unless the entity has5-24
received a certified copy of an order terminating the order of assignment.5-25
A court may not directly or indirectly condition the issuance, modification5-26
or termination of, or condition the terms or conditions of, any order for the5-27
support of a child upon the issuance of such a request by an employee.5-28
Sec. 8. NRS 31A.340 is hereby repealed.5-29
Sec. 9. This act becomes effective on July 1, 1999.
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TEXT OF REPEALED SECTION
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31A.340 Notice of receipt of money assigned. Upon receipt of5-32
money paid pursuant to NRS 31A.250 to 31A.340, inclusive, the person5-33
entitled to the payment of support or that person’s legal representative5-34
shall, within 10 days after such receipt, send written notice of that fact to5-35
the parties and the employer or agency withholding and transmitting the5-36
assignment.~