2001 REGULAR SESSION (71st)                                                                         A AB37 R1 903

Amendment No. 903

 

Senate Amendment to Assembly Bill No. 37  First Reprint                                                (BDR 11‑1051)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1. NRS 125B.070 is hereby amended to read as follows:

     125B.070  1.  As used in this section and NRS 125B.080, unless the context otherwise requires:

     (a) “Gross monthly income” means the total amount of income received each month from any source of a [wage-earning employee] person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.

     (b) “Obligation for support” means the sum certain dollar amount determined according to the following schedule:

          (1) For one child, 18 percent;

          (2) For two children, 25 percent;

          (3) For three children, 29 percent;

          (4) For four children, 31 percent; and

          (5) For each additional child, an additional 2 percent,

FLUSH

 
of a parent’s gross monthly income, but not more than [$500] the presumptive maximum amount per month per child set forth for the parent in subsection 2 for an obligation for support determined pursuant to subparagraphs (1) to (4), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 6 of NRS 125B.080.

     2.  [On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section to determine whether any modifications are advisable and report to the legislature their findings and any proposed amendments.] For the purposes of paragraph (b) of subsection 1, the presumptive maximum amount per month per child for an obligation for support, as adjusted pursuant to subsection 3, is:

 

                                                                                              PRESUMPTIVE MAXIMUM AMOUNT

                                                                                                The Presumptive Maximum Amount the

        INCOME RANGE                                                               Parent May Be Required To Pay

       If the Parent’s Gross                        But Not                       Per Month Per Child Pursuant to

Monthly Income is At Least               Greater Than                   Paragraph (b) of Subsection 1 Is

 

                    $0                              -            $4,167                                                 $500

               4,168                              -              6,250                                                   550

               6,251                              -              8,333                                                   600

               8,334                              -            10,417                                                   650

             10,418                              -            12,500                                                   700

             12,501                              -            14,583                                                   750

 

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If a parent’s gross monthly income is greater than $14,583, the presumptive maximum amount the parent may be required to pay pursuant to paragraph (b) of subsection 1 is $800.

     3.  The amounts set forth in subsection 2 for each income range and the corresponding amount of the obligation for support must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On April 1 of each year, the office of court administrator shall determine the amount of the increase or decrease required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each district court of the adjusted amounts.

     4.  As used in this section, “office of court administrator” means the office of court administrator created pursuant to NRS 1.320.”.

     Amend sec. 2, page 3, lines 21 and 22, by deleting:

gross annual income or”.

     Amend sec. 2, page 3, by deleting line 28 and inserting:

“adjustment made pursuant to subsection 3 of NRS 125B.070 or”.

     Amend sec. 2, page 4, line 15, before “responsibility” by inserting “legal”.

     Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:

     “Sec. 3. This act becomes effective on April 1, 2002, for the purpose of allowing the office of court administrator to adjust the presumptive maximum amount per month per child for an obligation for support pursuant to subsection 3 of NRS 125B.070, as amended by this act, and on July 1, 2002, for all other purposes.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to child support; increasing the presumptive maximum monthly amount that certain parents may be required to pay for support of a child; requiring the office of court administrator to adjust annually the amount of such payments based on the consumer price index; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing presumptive maximum monthly amount that certain parents may be required to pay for support of their children. (BDR 11‑1051)”.