Senate Bill No. 242–Committee on Human Resources
and Facilities

February 23, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions requiring inclusion of certain information in judgments of divorce and court orders for child support. (BDR 11-1392)

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 domestic relations; revising the provisions requiring the inclusion of certain 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:

1-1 Section 1. NRS 125.130 is hereby amended to read as follows:

1-2 125.130 1. [The] A judgment or decree of divorce granted pursuant

1-3 to the provisions of this chapter is a final decree.

1-4 2. Whenever a decree of divorce from the bonds of matrimony is

1-5 granted in this state by a court of competent authority, the decree fully and

1-6 completely dissolves the marriage contract as to both parties.

1-7 3. A court that grants a decree of divorce [granted] pursuant to the

1-8 provisions of this section [must include the social security numbers of both

1-9 parties.] shall ensure that any information which the welfare division of

1-10 the department of human resources has determined is necessary to carry

1-11 out the provisions of 42 U.S.C. § 654a is:

1-12 (a) Provided to the welfare division of the department of human

1-13 resources.

1-14 (b) Filed in the records relating to the matter and, except as otherwise

1-15 required to carry out a specific statute, maintained in a confidential

1-16 manner.

1-17 4. In all suits for divorce, if a divorce is granted, the court may, for just

1-18 and reasonable cause and by an appropriate order embodied in its decree,

2-1 change the name of the wife to any former name which she has legally

2-2 borne.

2-3 Sec. 2. NRS 125.230 is hereby amended to read as follows:

2-4 125.230 1. The court in such actions may make such preliminary and

2-5 final orders as it may deem proper for the custody, control and support of

2-6 any minor child or children of the parties.

2-7 2. [An order made] Before a court enters an order pursuant to

2-8 subsection 1 for the support of any minor child or children [must include

2-9 the social security numbers of the parties.] , the court shall ensure that any

2-10 information which the welfare division of the department of human

2-11 resources has determined is necessary to carry out the provisions of 42

2-12 U.S.C. § 654a is:

2-13 (a) Provided to the welfare division of the department of human

2-14 resources.

2-15 (b) Filed in the records relating to the matter and, except as otherwise

2-16 required to carry out a specific statute, maintained in a confidential

2-17 manner.

2-18 Sec. 3. NRS 125B.055 is hereby amended to read as follows:

2-19 125B.055 1. [Every court order for the support of a child issued or

2-20 modified in this state on or after October 1, 1998, must include:

2-21 (a) The names, dates of birth, social security numbers and driver’s

2-22 license numbers of the parents of the child;

2-23 (b) The name and social security number of the child;

2-24 (c) The case identification number assigned by the court; and

2-25 (d) Such other information as the welfare division of the department of

2-26 human resources determines is necessary to carry out the provisions of 42

2-27 U.S.C. § 654a.

2-28 2.] A court that, on or after October 1, 1998, issues or modifies an

2-29 order in this state for the support of a child shall :

2-30 (a) Obtain and provide to the welfare division of the department of

2-31 human resources such information regarding the order as the welfare

2-32 division determines is necessary to carry out the provisions of 42 U.S.C. §

2-33 654a.

2-34 [3. Within 10 days after a court of this state issues]

2-35 (b) Ensure that the information required to be obtained and provided

2-36 pursuant to paragraph (a) is filed in the records relating to the matter

2-37 and, except as otherwise required to carry out a specific statute,

2-38 maintained in a confidential manner.

2-39 2. Before a court enters an order for the support of a child, each party

2-40 to the cause of action shall file with the court [that issued the order and] the

2-41 following information on a form approved by the welfare division:

2-42 (a) His social security number;

2-43 (b) His residential and mailing addresses;

3-1 (c) His telephone number;

3-2 (d) His driver’s license number; [and]

3-3 (e) The name, address and telephone number of his employer [.] ; and

3-4 (f) Any other information that the welfare division determines is

3-5 necessary to carry out the provisions of 42 U.S.C. § 654a.

3-6 Each party shall update the information filed with the court and the welfare

3-7 division pursuant to this subsection within 10 days after that information

3-8 becomes inaccurate.

3-9 [4.] 3. The welfare division shall adopt regulations specifying the

3-10 particular information required to be provided pursuant to [subsections 1

3-11 and 2] subsection 1 to carry out the provisions of 42 U.S.C. § 654a.

3-12 Sec. 4. NRS 125B.135 is hereby amended to read as follows:

3-13 125B.135 If, after a court issues an order for the support of a child, a

3-14 subsequent cause of action between the parties concerning the support of

3-15 the child is initiated, the requirements for notice and service of process

3-16 shall be deemed to have been met with respect to a party to the proceeding

3-17 who cannot be found if:

3-18 1. The party initiating the proceeding shows proof that diligent effort

3-19 has been made to ascertain the location of the missing party; and

3-20 2. Written notice of the initiation of the proceeding has been mailed to

3-21 the mailing address of the missing party or the address of the missing

3-22 party’s employer as those addresses appear in the information required to

3-23 be filed pursuant to subsection [3] 2 of NRS 125B.055.

3-24 Sec. 5. NRS 125B.140 is hereby amended to read as follows:

3-25 125B.140 1. Except as otherwise provided in chapter 130 of NRS

3-26 and NRS 125B.012:

3-27 (a) If an order issued by a court provides for payment for the support of

3-28 a child, that order is a judgment by operation of law on or after the date a

3-29 payment is due. Such a judgment may not be retroactively modified or

3-30 adjusted and may be enforced in the same manner as other judgments of

3-31 this state.

3-32 (b) Payments for the support of a child pursuant to an order of a court

3-33 which have not accrued at the time either party gives notice that he has filed

3-34 a motion for modification or adjustment may be modified or adjusted by

3-35 the court upon a showing of changed circumstances, whether or not the

3-36 court has expressly retained jurisdiction of the modification or adjustment.

3-37 2. Except as otherwise provided in subsection 3 and NRS 125B.012,

3-38 125B.142 and 125B.144:

3-39 (a) Before execution for the enforcement of a judgment for the support

3-40 of a child, the person seeking to enforce the judgment must send a notice by

3-41 certified mail, restricted delivery, with return receipt requested, to the

3-42 responsible parent:

4-1 (1) Specifying the name of the court that issued the order for support

4-2 and the date of its issuance;

4-3 (2) Specifying the amount of arrearages accrued under the order;

4-4 (3) Stating that the arrearages will be enforced as a judgment; and

4-5 (4) Explaining that the responsible parent may, within 20 days after

4-6 the notice is sent, ask for a hearing before a court of this state concerning

4-7 the amount of the arrearages.

4-8 (b) The matters to be adjudicated at such a hearing are limited to a

4-9 determination of the amount of the arrearages and the jurisdiction of the

4-10 court issuing the order. At the hearing, the court shall take evidence and

4-11 determine the amount of the judgment and issue its order for that amount.

4-12 (c) The court shall determine and include in its order:

4-13 (1) Interest upon the arrearages at a rate established pursuant to NRS

4-14 99.040, from the time each amount became due; and

4-15 (2) A reasonable attorney’s fee for the proceeding,

4-16 unless the court finds that the responsible parent would experience an

4-17 undue hardship if required to pay such amounts. Interest continues to

4-18 accrue on the amount ordered until it is paid, and additional attorney’s fees

4-19 must be allowed if required for collection.

4-20 (d) The court shall [include in its order the social security number of the

4-21 responsible parent.] ensure that any information which the welfare

4-22 division of the department of human resources has determined is

4-23 necessary to carry out the provisions of 42 U.S.C. § 654a is:

4-24 (1) Provided to the welfare division of the department of human

4-25 resources.

4-26 (2) Filed in the records relating to the matter and, except as

4-27 otherwise required to carry out a specific statute, maintained in a

4-28 confidential manner.

4-29 3. Subsection 2 does not apply to the enforcement of a judgment for

4-30 arrearages if the amount of the judgment has been determined by any court.

4-31 Sec. 6. NRS 425.3828 is hereby amended to read as follows:

4-32 425.3828 1. If a written response setting forth objections and

4-33 requesting a hearing is received by the office issuing the notice and finding

4-34 of financial responsibility within the specified period, a hearing must be

4-35 held pursuant to NRS 425.3832 and notice of the hearing must be sent to

4-36 the parent by regular mail.

4-37 2. If a written response and request for hearing is not received by the

4-38 office issuing the notice and finding of financial responsibility within the

4-39 specified period, the master may enter a recommendation for the support of

4-40 a dependent child in accordance with the notice and shall [include] :

4-41 (a) Include in that recommendation:

4-42 [(a)] (1) If the paternity of the dependent child is established by the

4-43 recommendation, a declaration of that fact.

5-1 [(b)] (2) The amount of monthly support to be paid, including directions

5-2 concerning the manner of payment.

5-3 [(c)] (3) The amount of arrearages owed.

5-4 [(d)] (4) Whether coverage for health care must be provided for the

5-5 dependent child.

5-6 [(e)] (5) Any requirements to be imposed pursuant to subparagraph (13)

5-7 of paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the

5-8 payment of support by the parent or the participation of the parent in work

5-9 activities.

5-10 [(f)] (6) The names [and social security numbers] of the parents or legal

5-11 guardians of the child.

5-12 [(g)] (7) The name [and social security number] of the person to whom,

5-13 and the name and date of birth of the dependent child for whom support is

5-14 to be paid.

5-15 [(h)] (8) A statement that the property of the parent is subject to an

5-16 attachment or other procedure for collection, including, but not limited to,

5-17 withholding of wages, garnishment, liens and execution on liens.

5-18 [(i)] (9) A statement that objections to the recommendation may be filed

5-19 with the district court and served upon the other party within 10 days after

5-20 receipt of the recommendation.

5-21 (b) Ensure that any information which the division has determined is

5-22 necessary to carry out the provisions of 42 U.S.C. § 654a is:

5-23 (1) Provided to the enforcing authority.

5-24 (2) Filed in the records relating to the matter and, except as

5-25 otherwise required to carry out a specific statute, maintained in a

5-26 confidential manner.

5-27 3. The parent must be sent a copy of the recommendation for the

5-28 support of a dependent child by regular mail addressed to the last known

5-29 address of the parent, or if applicable, the last known address of the

5-30 attorney for the parent.

5-31 4. The recommendation for the support of a dependent child is final

5-32 upon approval by the district court pursuant to NRS 425.3844. The chief

5-33 may take action to enforce and collect upon the order of the court

5-34 approving the recommendation, including arrearages, from the date of the

5-35 approval of the recommendation.

5-36 5. If a written response and request for hearing is not received by the

5-37 office issuing the notice and finding of financial responsibility within the

5-38 specified period, and the master enters a recommendation for the support of

5-39 a dependent child, the court may grant relief from the recommendation on

5-40 the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of

5-41 Civil Procedure.

6-1 Sec. 7. NRS 425.3844 is hereby amended to read as follows:

6-2 425.3844 1. A recommendation entered by a master pursuant to NRS

6-3 425.382 to 425.3852, inclusive, including a recommendation establishing

6-4 paternity, must be furnished to each party or his attorney at the conclusion

6-5 of the proceedings or as soon thereafter as possible.

6-6 2. Within 10 days after receipt of the recommendation, any party may

6-7 file with the district court and serve upon the other parties a notice of

6-8 objection to the recommendation. The notice must include:

6-9 (a) A copy of the master’s recommendation;

6-10 (b) The results of any blood tests or tests for genetic identification

6-11 examined by the master;

6-12 (c) A concise statement setting forth the reasons that the party disagrees

6-13 with the master’s recommendation, including any affirmative defenses that

6-14 must be pleaded pursuant to the Nevada Rules of Civil Procedure;

6-15 (d) A statement of the relief requested;

6-16 (e) The notice and finding of financial responsibility if the chief issued

6-17 such a notice and finding; and

6-18 (f) Any other relevant documents.

6-19 3. The district court shall:

6-20 (a) If a notice of objection is not filed, accept the recommendation

6-21 entered by the master, including a recommendation establishing paternity,

6-22 unless clearly erroneous, and judgment may be entered thereon; or

6-23 (b) If a notice of objection is filed within the 10-day period, review the

6-24 matter pursuant to NRS 425.3834.

6-25 4. A party who receives a notice of objection pursuant to subsection 2

6-26 is not required to file an answer to that notice. The district court shall

6-27 review each objection contained in the notice.

6-28 5. If a notice of objection includes an objection to a recommendation

6-29 establishing paternity, the enforcement of any obligation for the support of

6-30 the child recommended by the master must, upon the filing and service of

6-31 the notice, be stayed until the district court rules upon the determination of

6-32 paternity. The obligation for the support of the child continues to accrue

6-33 during the consideration of the determination of paternity and must be

6-34 collected as arrears after the completion of the trial if the court approves

6-35 the recommendation of the master.

6-36 6. If a recommendation entered by a master pursuant to NRS 425.382

6-37 to 425.3852, inclusive, including a recommendation establishing paternity,

6-38 modifies or adjusts a previous order for support issued by any district court

6-39 in this state, that district court shall review the recommendation and

6-40 approve or reject the recommendation issued by the master.

6-41 7. Upon approval by the district court of a recommendation entered by

6-42 a master pursuant to NRS 425.382 to 425.3852, inclusive, including a

7-1 recommendation establishing paternity, a copy of the recommendation,

7-2 with the approval of the court endorsed thereon, must be filed:

7-3 (a) In the office of the clerk of the district court;

7-4 (b) If the order of the district court approving the recommendation of the

7-5 master modifies or adjusts a previous order issued by any district court in

7-6 this state, with the original order in the office of the clerk of that district

7-7 court; and

7-8 (c) With any court that conducts a proceeding related thereto pursuant to

7-9 the provisions of chapter 130 of NRS.

7-10 8. [If a recommendation that is approved by a] A district court that

7-11 approves a recommendation pursuant to this section [does not contain the

7-12 social security numbers of the parents or legal guardians of the child, the

7-13 court shall include those numbers on] shall ensure that, before the

7-14 recommendation [before it] is filed pursuant to subsection 7 [.] , any

7-15 information which the division has determined is necessary to carry out

7-16 the provisions of 42 U.S.C. § 654a is:

7-17 (a) Provided to the enforcing authority.

7-18 (b) Filed in the records relating to the matter and, except as otherwise

7-19 required to carry out a specific statute, maintained in a confidential

7-20 manner.

7-21 9. Upon the approval and filing of the recommendation as provided in

7-22 subsection 7, the recommendation has the force, effect and attributes of an

7-23 order or decree of the district court, including, but not limited to,

7-24 enforcement by supplementary proceedings, contempt of court proceedings,

7-25 writs of execution, liens and writs of garnishment.

7-26 Sec. 8. NRS 425.3855 is hereby amended to read as follows:

7-27 425.3855 [An order entered by a] A district court that enters an order

7-28 pursuant to NRS 425.382 to 425.3852, inclusive, or an order approving a

7-29 recommendation for the support of a dependent child made by a master [or

7-30 an order entered by a district court pursuant to NRS 425.382 to 425.3852,

7-31 inclusive, must contain the social security numbers of the parents or legal

7-32 guardians of the child.] shall ensure that any information which the

7-33 division has determined is necessary to carry out the provisions of 42

7-34 U.S.C. § 654a is:

7-35 1. Provided to the enforcing authority.

7-36 2. Filed in the records relating to the matter and, except as otherwise

7-37 required to carry out a specific statute, maintained in a confidential

7-38 manner.

7-39 Sec. 9. NRS 432B.560 is hereby amended to read as follows:

7-40 432B.560 1. The court may also order:

7-41 (a) The child, a parent or the guardian to undergo such medical,

7-42 psychiatric, psychologic or other care or treatment as the court considers to

7-43 be in the best interests of the child.

8-1 (b) A parent or guardian to refrain from:

8-2 (1) Any harmful or offensive conduct toward the child, the other

8-3 parent, the custodian of the child or the person given physical custody of

8-4 the child; and

8-5 (2) Visiting the child if the court determines that the visitation is not

8-6 in the best interest of the child.

8-7 (c) A reasonable right of visitation for a grandparent of the child if the

8-8 child is not permitted to remain in the custody of his parents.

8-9 2. The court shall order a parent or guardian to pay to the custodian an

8-10 amount sufficient to support the child while the child is in the care of the

8-11 custodian pursuant to an order of the court. Payments for the obligation of

8-12 support must be determined in accordance with NRS 125B.070 and

8-13 125B.080, but must not exceed the reasonable cost of the child’s care,

8-14 including food, shelter, clothing, medical care and education. An order for

8-15 support made pursuant to this subsection must:

8-16 (a) [Contain the social security number of the parent or guardian who is

8-17 the subject of the order;

8-18 (b)] Require that payments be made to the appropriate agency or office;

8-19 [(c)] (b) Provide that the custodian is entitled to a lien on the obligor’s

8-20 property in the event of nonpayment of support; and

8-21 [(d)] (c) Provide for the immediate withholding of income for the

8-22 payment of support unless:

8-23 (1) All parties enter into an alternative written agreement; or

8-24 (2) One party demonstrates and the court finds good cause to

8-25 postpone the withholding.

8-26 3. A court that enters an order pursuant to subsection 2 shall ensure

8-27 that any information which the welfare division of the department of

8-28 human resources has determined is necessary to carry out the provisions

8-29 of 42 U.S.C. § 654a is:

8-30 (a) Provided to the welfare division of the department of human

8-31 resources.

8-32 (b) Filed in the records relating to the matter and, except as otherwise

8-33 required to carry out a specific statute, maintained in a confidential

8-34 manner.

8-35 Sec. 10. Section 2 of Senate Bill No. 352 of this session is hereby

8-36 amended to read as follows:

8-37 Sec. 2. NRS 425.3855 is hereby amended to read as follows:

8-38 425.3855 A district court that enters an order pursuant to NRS

8-39 425.382 to 425.3852, inclusive, and section 1 of this act, or an

8-40 order approving a recommendation for the support of a dependent

8-41 child made by a master shall ensure that any information which the

8-42 division has determined is necessary to carry out the provisions of

8-43 42 U.S.C. § 654a is:

9-1 1. Provided to the enforcing authority.

9-2 2. Filed in the records relating to the matter and, except as

9-3 otherwise required to carry out a specific statute, maintained in a

9-4 confidential manner.

9-5 Sec. 11. This act becomes effective upon passage and approval.

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