- Senate Bill No. 242–Committee on Human Resources
and Facilities
CHAPTER........
AN ACT relating to domestic relations; revising the provisions requiring the inclusion of
social security numbers and certain other information in judgments of divorce and
court orders for child support; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.130 is hereby amended to read as follows:
- 125.130 1.
[The] A judgment or decree of divorce granted pursuant
- to the provisions of this chapter is a final decree.
- 2. Whenever a decree of divorce from the bonds of matrimony is
- granted in this state by a court of competent authority, the decree fully and
- completely dissolves the marriage contract as to both parties.
- 3. A
court that grants a decree of divorce [granted] pursuant to the
- provisions of this section
[must include] shall ensure that the social
- security numbers of both parties
[.] are:
- (a) Provided to the welfare division of the department of human
- resources.
- (b) Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
4. In all suits for divorce, if a divorce is granted, the court may, for just
- and reasonable cause and by an appropriate order embodied in its decree,
- change the name of the wife to any former name which she has legally
- borne.
Sec. 2. NRS 125.230 is hereby amended to read as follows:
- 125.230 1. The court in such actions may make such preliminary and
- final orders as it may deem proper for the custody, control and support of
- any minor child or children of the parties.
- 2.
[An order made] A court that enters an order pursuant to subsection
- 1 for the support of any minor child or children
[must include] shall ensure
- that
the social security numbers of the parties [.] are:
- (a) Provided to the welfare division of the department of human
- resources.
- (b) Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
Sec. 3.
NRS 125B.055 is hereby amended to read as follows:
- 125B.055 1.
[Every court order for the support of a child issued or
- modified in this state on or after October 1, 1998, must include:
- (a) The names, dates of birth, social security numbers and driver’s
- license numbers of the parents of the child;
- (b) The name and social security number of the child;
- (c) The case identification number assigned by the court; and
- (d) Such other information as the welfare division of the department of
- human resources determines is necessary to carry out the provisions of 42
- U.S.C. § 654a.
- 2.] A court that, on or after October 1, 1998, issues or modifies an
- order in this state for the support of a child shall :
- (a) Obtain and provide to the welfare division of the department of
- human resources such information regarding the order as the welfare
- division determines is necessary to carry out the provisions of 42 U.S.C. §
- 654a.
-
[3.] (b) Ensure that the social security numbers of the child and the
- parents of the child are placed in the records relating to the matter and,
- except as otherwise required to carry out a specific statute, maintained in
- a confidential manner.
-
2. Within 10 days after a court of this state issues an order for the
- support of a child, each party to the cause of action shall file with the court
- that issued the order and the welfare division:
- (a) His social security number;
- (b) His residential and mailing addresses;
- (c) His telephone number;
- (d) His driver’s license number; and
(e) The name, address and telephone number of his employer.
- Each party shall update the information filed with the court and the welfare
- division pursuant to this subsection within 10 days after that information
- becomes inaccurate.
-
[4.] 3. The welfare division shall adopt regulations specifying the
- particular information required to be provided pursuant to
[subsections 1
- and 2] subsection 1 to carry out the provisions of 42 U.S.C. § 654a.
Sec. 4. NRS 125B.135 is hereby amended to read as follows:
- 125B.135 If, after a court issues an order for the support of a child, a
- subsequent cause of action between the parties concerning the support of
- the child is initiated, the requirements for notice and service of process
- shall be deemed to have been met with respect to a party to the proceeding
- who cannot be found if:
- 1. The party initiating the proceeding shows proof that diligent effort
- has been made to ascertain the location of the missing party; and
- 2. Written notice of the initiation of the proceeding has been mailed to
- the mailing address of the missing party or the address of the missing
- party’s employer as those addresses appear in the information required to
- be filed pursuant to subsection
[3] 2 of NRS 125B.055.
Sec. 5. NRS 125B.140 is hereby amended to read as follows:
- 125B.140 1. Except as otherwise provided in chapter 130 of NRS
-
and NRS 125B.012:
- (a) If an order issued by a court provides for payment for the support of
- a child, that order is a judgment by operation of law on or after the date a
- payment is due. Such a judgment may not be retroactively modified or
- adjusted and may be enforced in the same manner as other judgments of
- this state.
- (b) Payments for the support of a child pursuant to an order of a court
- which have not accrued at the time either party gives notice that he has filed
- a motion for modification or adjustment may be modified or adjusted by
- the court upon a showing of changed circumstances, whether or not the
- court has expressly retained jurisdiction of the modification or adjustment.
- 2. Except as otherwise provided in subsection 3 and NRS 125B.012,
- 125B.142 and 125B.144:
- (a) Before execution for the enforcement of a judgment for the support
- of a child, the person seeking to enforce the judgment must send a notice by
- certified mail, restricted delivery, with return receipt requested, to the
- responsible parent:
- (1) Specifying the name of the court that issued the order for support
- and the date of its issuance;
- (2) Specifying the amount of arrearages accrued under the order;
- (3) Stating that the arrearages will be enforced as a judgment; and
- (4) Explaining that the responsible parent may, within 20 days after
- the notice is sent, ask for a hearing before a court of this state concerning
- the amount of the arrearages.
- (b) The matters to be adjudicated at such a hearing are limited to a
- determination of the amount of the arrearages and the jurisdiction of the
- court issuing the order. At the hearing, the court shall take evidence and
- determine the amount of the judgment and issue its order for that amount.
- (c) The court shall determine and include in its order:
- (1) Interest upon the arrearages at a rate established pursuant to NRS
- 99.040, from the time each amount became due; and
- (2) A reasonable attorney’s fee for the proceeding,
- unless the court finds that the responsible parent would experience an
- undue hardship if required to pay such amounts. Interest continues to
- accrue on the amount ordered until it is paid, and additional attorney’s fees
- must be allowed if required for collection.
-
(d) The court shall [include in its order] ensure that the social security
- number of the responsible parent
[.] is:
- (1) Provided to the welfare division of the department of human
- resources.
- (2) Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
- 3. Subsection 2 does not apply to the enforcement of a judgment for
- arrearages if the amount of the judgment has been determined by any court.
Sec. 6. NRS 425.3828 is hereby amended to read as follows:
- 425.3828 1. If a written response setting forth objections and
- requesting a hearing is received by the office issuing the notice and finding
- of financial responsibility within the specified period, a hearing must be
- held pursuant to NRS 425.3832 and notice of the hearing must be sent to
- the parent by regular mail.
- 2. If a written response and request for hearing is not received by the
- office issuing the notice and finding of financial responsibility within the
- specified period, the master may enter a recommendation for the support of
- a dependent child in accordance with the notice and shall
[include] :
- (a) Include in that recommendation:
-
[(a)] (1) If the paternity of the dependent child is established by the
- recommendation, a declaration of that fact.
-
[(b)] (2) The amount of monthly support to be paid, including directions
- concerning the manner of payment.
-
[(c)] (3) The amount of arrearages owed.
-
[(d)] (4) Whether coverage for health care must be provided for the
- dependent child.
-
[(e)] (5) Any requirements to be imposed pursuant to subparagraph (13)
- of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the
- payment of support by the parent or the participation of the parent in work
- activities.
-
[(f)] (6) The names [and social security numbers] of the parents or legal
- guardians of the child.
-
[(g)] (7) The name [and social security number] of the person to whom,
- and the name and date of birth of the dependent child for whom support is
- to be paid.
-
[(h)] (8) A statement that the property of the parent is subject to an
- attachment or other procedure for collection, including, but not limited to,
- withholding of wages, garnishment, liens and execution on liens.
-
[(i)] (9) A statement that objections to the recommendation may be filed
- with the district court and served upon the other party within 10 days after
- receipt of the recommendation.
- (b) Ensure that the social security numbers of the parents or legal
- guardians of the child and the person to whom support is to be paid are:
- (1) Provided to the enforcing authority.
- (2) Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
- 3. The parent must be sent a copy of the recommendation for the
- support of a dependent child by regular mail addressed to the last known
- address of the parent, or if applicable, the last known address of the
- attorney for the parent.
- 4. The recommendation for the support of a dependent child is final
- upon approval by the district court pursuant to NRS 425.3844. The chief
- may take action to enforce and collect upon the order of the court
- approving the recommendation, including arrearages, from the date of the
- approval of the recommendation.
- 5. If a written response and request for hearing is not received by the
- office issuing the notice and finding of financial responsibility within the
- specified period, and the master enters a recommendation for the support of
- a dependent child, the court may grant relief from the recommendation on
- the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of
- Civil Procedure.
Sec. 7. NRS 425.3844 is hereby amended to read as follows:
- 425.3844 1. A recommendation entered by a master pursuant to NRS
- 425.382 to 425.3852, inclusive, including a recommendation establishing
- paternity, must be furnished to each party or his attorney at the conclusion
- of the proceedings or as soon thereafter as possible.
- 2. Within 10 days after receipt of the recommendation, any party may
- file with the district court and serve upon the other parties a notice of
- objection to the recommendation. The notice must include:
- (a) A copy of the master’s recommendation;
- (b) The results of any blood tests or tests for genetic identification
- examined by the master;
- (c) A concise statement setting forth the reasons that the party disagrees
- with the master’s recommendation, including any affirmative defenses that
- must be pleaded pursuant to the Nevada Rules of Civil Procedure;
- (d) A statement of the relief requested;
- (e) The notice and finding of financial responsibility if the chief issued
- such a notice and finding; and
- (f) Any other relevant documents.
- 3. The district court shall:
- (a) If a notice of objection is not filed, accept the recommendation
- entered by the master, including a recommendation establishing paternity,
- unless clearly erroneous, and judgment may be entered thereon; or
- (b) If a notice of objection is filed within the 10-day period, review the
- matter pursuant to NRS 425.3834.
- 4. A party who receives a notice of objection pursuant to subsection 2
- is not required to file an answer to that notice. The district court shall
- review each objection contained in the notice.
- 5. If a notice of objection includes an objection to a recommendation
- establishing paternity, the enforcement of any obligation for the support of
- the child recommended by the master must, upon the filing and service of
- the notice, be stayed until the district court rules upon the determination of
- paternity. The obligation for the support of the child continues to accrue
- during the consideration of the determination of paternity and must be
- collected as arrears after the completion of the trial if the court approves
- the recommendation of the master.
- 6. If a recommendation entered by a master pursuant to NRS 425.382
- to 425.3852, inclusive, including a recommendation establishing paternity,
- modifies or adjusts a previous order for support issued by any district court
- in this state, that district court shall review the recommendation and
- approve or reject the recommendation issued by the master.
- 7. Upon approval by the district court of a recommendation entered by
- a master pursuant to NRS 425.382 to 425.3852, inclusive, including a
- recommendation establishing paternity, a copy of the recommendation,
- with the approval of the court endorsed thereon, must be filed:
- (a) In the office of the clerk of the district court;
- (b) If the order of the district court approving the recommendation of the
- master modifies or adjusts a previous order issued by any district court in
- this state, with the original order in the office of the clerk of that district
- court; and
- (c) With any court that conducts a proceeding related thereto pursuant to
- the provisions of chapter 130 of NRS.
8. [If a recommendation that is approved by a] A district court that
approves a recommendation pursuant to this section [does not contain]
shall ensure that, before the recommendation is filed pursuant to
subsection 7, the social security numbers of the parents or legal guardians
of the child [, the court shall include those numbers on the recommendation
before it is filed pursuant to subsection 7.] are:
- (a) Provided to the enforcing authority.
- (b) Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
- 9. Upon the approval and filing of the recommendation as provided in
- subsection 7, the recommendation has the force, effect and attributes of an
- order or decree of the district court, including, but not limited to,
- enforcement by supplementary proceedings, contempt of court proceedings,
- writs of execution, liens and writs of garnishment.
Sec. 8. NRS 425.3855 is hereby amended to read as follows:
- 425.3855
[An order entered by a] A district court that enters an order
- pursuant to NRS 425.382 to 425.3852, inclusive, or an order approving a
- recommendation for the support of a dependent child made by a master
[or
- an order entered by a district court pursuant to NRS 425.382 to 425.3852,
- inclusive, must contain] shall ensure that the social security numbers of the
- parents or legal guardians of the child
[.] are:
- 1. Provided to the enforcing authority.
- 2. Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
Sec. 9. NRS 432B.560 is hereby amended to read as follows:
- 432B.560 1. The court may also order:
- (a) The child, a parent or the guardian to undergo such medical,
- psychiatric, psychologic or other care or treatment as the court considers to
- be in the best interests of the child.
- (b) A parent or guardian to refrain from:
- (1) Any harmful or offensive conduct toward the child, the other
- parent, the custodian of the child or the person given physical custody of
- the child; and
- (2) Visiting the child if the court determines that the visitation is not
- in the best interest of the child.
- (c) A reasonable right of visitation for a grandparent of the child if the
- child is not permitted to remain in the custody of his parents.
- 2. The court shall order a parent or guardian to pay to the custodian an
- amount sufficient to support the child while the child is in the care of the
- custodian pursuant to an order of the court. Payments for the obligation of
- support must be determined in accordance with NRS 125B.070 and
- 125B.080, but must not exceed the reasonable cost of the child’s care,
- including food, shelter, clothing, medical care and education. An order for
- support made pursuant to this subsection must:
- (a)
[Contain the social security number of the parent or guardian who is
- the subject of the order;
- (b)] Require that payments be made to the appropriate agency or office;
-
[(c)] (b) Provide that the custodian is entitled to a lien on the obligor’s
- property in the event of nonpayment of support; and
-
[(d)] (c) Provide for the immediate withholding of income for the
- payment of support unless:
- (1) All parties enter into an alternative written agreement; or
- (2) One party demonstrates and the court finds good cause to
- postpone the withholding.
- 3. A court that enters an order pursuant to subsection 2 shall ensure
- that the social security number of the parent or guardian who is the
- subject of the order is:
- (a) Provided to the welfare division of the department of human
- resources.
- (b) Placed in the records relating to the matter and, except as
- otherwise required to carry out a specific statute, maintained in a
- confidential manner.
Sec. 10. Section 2 of Senate Bill No. 352 of this session is hereby
amended to read as follows:
Sec. 2. NRS 425.3855 is hereby amended to read as follows:
425.3855 A district court that enters an order pursuant to NRS
425.382 to 425.3852, inclusive,
and section 1 of this act, or an
order approving a recommendation for the support of a dependent
child made by a master shall ensure that any information which the
division has determined is necessary to carry out the provisions of
42 U.S.C. § 654a is:
1. Provided to the enforcing authority.
2. Filed in the records relating to the matter and, except as
otherwise required to carry out a specific statute, maintained in a
confidential manner.
Sec. 11. This act becomes effective upon passage and approval.
~