SB369

S.B. 369

Senate Bill No. 369–Senator McGinness (by request)

March 16, 2001

____________

Referred to Committee on Judiciary

SUMMARY—Makes various changes to provisions governing child custody, child support and paternity actions. (BDR 11‑965)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: No.

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 provisions governing the withholding of income for payment of support for a child; creating a presumptive preference for joint custody of a child; creating a rebuttable presumption that both parents are fit to be awarded joint custody of a child; requiring the parents of a child to share equally the cost of supporting the child under certain circumstances; revising provisions governing the calculation of support for a child; revising provisions governing the presumptive effect of domestic violence upon custody determinations; providing for relief from certain determinations concerning parentage and support of a child; providing penalties; 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 125.450 is hereby amended to read as follows:

1-2 125.450 1. No court may grant a divorce, separate maintenance or

1-3 annulment pursuant to this chapter, if there are one or more minor children

1-4 residing in this state who are the issue of the relationship, without first

1-5 providing for the medical and other care, support, education and

1-6 maintenance of those children as required by chapter 125B of NRS.

1-7 2. [Every] Except as otherwise provided in subsection 3, every order

1-8 for the support of a child issued or modified after January 1, 1990, must

1-9 include an order directing the withholding or assignment of income for the

1-10 payment of the support unless one of the parties demonstrates and the court

1-11 finds good cause for the postponement of the withholding or assignment or

1-12 all parties otherwise agree in writing. Such an order for withholding or

1-13 assignment must be carried out in the manner provided in chapter 31A of

1-14 NRS for the withholding or assignment of income.

2-1 3. An order for the support of a child must not include an order

2-2 directing the withholding or assignment of income for the payment of the

2-3 support if the court has:

2-4 (a) Awarded joint legal and physical custody of the child to the

2-5 parties; and

2-6 (b) Ordered that the costs of support of the child are to be shared

2-7 equally by the parties.

2-8 Sec. 2. NRS 125.480 is hereby amended to read as follows:

2-9 125.480 1. In determining custody of a minor child in an action

2-10 brought [under] pursuant to this chapter, [the sole consideration of the

2-11 court is the best interest of the child. If it appears to the court that joint

2-12 custody would be in the best interest of the child, the court may grant

2-13 custody to the parties jointly.

2-14 2. Preference must not be given to either parent for the sole reason that

2-15 the parent is the mother or the father of the child.

2-16 3. The] the court shall award custody in the following order of

2-17 preference : [unless in a particular case the best interest of the child

2-18 requires otherwise:]

2-19 (a) To both parents jointly pursuant to NRS 125.490 . [or to]

2-20 (b) To either parent. If the court does not enter an order awarding joint

2-21 custody of a child after either parent has applied for joint custody, the court

2-22 shall make a finding that the parents are not capable of cooperating in

2-23 the care of the child and state in its decision the reason for its denial of the

2-24 parent’s application. When awarding custody to either parent, the court

2-25 shall consider, among other factors, which parent is more likely to allow

2-26 the child to have frequent associations and a continuing relationship with

2-27 the noncustodial parent.

2-28 [(b)] (c) To a person or persons in whose home the child has been

2-29 living and where the child has had a wholesome and stable environment.

2-30 [(c)] (d) To any person related within the third degree of consanguinity

2-31 to the child whom the court finds suitable and able to provide proper care

2-32 and guidance for the child, regardless of whether the relative resides within

2-33 this state.

2-34 [(d)] (e) To any other person or persons whom the court finds suitable

2-35 and able to provide proper care and guidance for the child.

2-36 [4. In]

2-37 2. When awarding custody of a child other than joint custody, in

2-38 determining the best interest of the child, the court shall consider, among

2-39 other things:

2-40 (a) The wishes of the child if the child is of sufficient age and capacity

2-41 to form an intelligent preference as to his custody;

2-42 (b) Any nomination by a parent of a guardian for the child; and

2-43 (c) Whether either parent or any other person seeking custody has

2-44 engaged in an act of domestic violence against the child, a parent of the

2-45 child or any other person residing with the child.

2-46 [5.] 3. Except as otherwise provided in subsection [6 or] 4 , NRS

2-47 125C.210[,] or section 16 of this act, a determination by the court after an

2-48 evidentiary hearing and finding by clear and convincing evidence that

2-49 [either parent or any other person] any person, other than the parent of a

3-1 child, seeking custody has engaged in one or more acts of domestic

3-2 violence against the child, a parent of the child or any other person residing

3-3 with the child creates a rebuttable presumption that sole or joint custody of

3-4 the child by the perpetrator of the domestic violence is not in the best

3-5 interest of the child. Upon making such a determination, the court shall set

3-6 forth:

3-7 (a) Findings of fact that support the determination that one or more acts

3-8 of domestic violence occurred; and

3-9 (b) Findings that the custody or visitation arrangement ordered by the

3-10 court adequately protects the child and the parent or other victim of

3-11 domestic violence who resided with the child.

3-12 [6.] 4. If , after an evidentiary hearing held pursuant to subsection [5]

3-13 3, the court determines that each party has engaged in acts of domestic

3-14 violence, it shall, if possible, then determine which person was the primary

3-15 physical aggressor. In determining which party was the primary physical

3-16 aggressor for the purposes of this section, the court shall consider:

3-17 (a) All prior acts of domestic violence involving either party;

3-18 (b) The relative severity of the injuries, if any, inflicted upon the

3-19 persons involved in those prior acts of domestic violence;

3-20 (c) The likelihood of future injury;

3-21 (d) Whether, during the prior acts, one of the parties acted in self-

3-22 defense; and

3-23 (e) Any other factors which the court deems relevant to the

3-24 determination.

3-25 In such a case, if it is not possible for the court to determine which party is

3-26 the primary physical aggressor, the presumption created pursuant to

3-27 subsection [5] 3 applies to both parties. If it is possible for the court to

3-28 determine which party is the primary physical aggressor, the presumption

3-29 created pursuant to subsection [5] 3 applies only to the party determined by

3-30 the court to be the primary physical aggressor.

3-31 [7.] 5. As used in this section, “domestic violence” means the

3-32 commission of any act described in NRS 33.018.

3-33 Sec. 3. NRS 125.490 is hereby amended to read as follows:

3-34 125.490 1. There is a presumption, affecting the burden of proof, that

3-35 [joint] :

3-36 (a) Both parents are fit to share equally the physical and legal custody

3-37 of a minor child of the marriage; and

3-38 (b) Joint custody [would be in the best interest] of a minor child [if the

3-39 parents have agreed to an award of joint custody or so agree in open court

3-40 at a hearing for the purpose of determining the custody of the minor child

3-41 or children of the marriage.] is an appropriate award of custody.

3-42 2. The court may award joint legal custody without awarding joint

3-43 physical custody in a case where the parents have agreed to joint legal

3-44 custody.

3-45 3. For assistance in making a determination whether an award of joint

3-46 custody is [appropriate,] consistent with the presumptions created by this

3-47 section, the court may direct that an investigation be conducted[.] to

3-48 determine whether the parents are capable of cooperating in the care of

3-49 the child.

4-1 Sec. 4. NRS 125.500 is hereby amended to read as follows:

4-2 125.500 1. Before the court makes an order awarding custody to any

4-3 person other than a parent, without the consent of the parents, it shall make

4-4 a finding that an award of custody to a parent would be detrimental to the

4-5 child . [and the award to a nonparent is required to serve the best interest of

4-6 the child.]

4-7 2. No allegation that parental custody would be detrimental to the

4-8 child, other than a statement of that ultimate fact, may appear in the

4-9 pleadings.

4-10 3. The court may exclude the public from any hearing on this issue.

4-11 Sec. 5. NRS 125.510 is hereby amended to read as follows:

4-12 125.510 1. In determining the custody of a minor child in an action

4-13 brought pursuant to this chapter, the court may, except as otherwise

4-14 provided in this section and chapter 130 of NRS:

4-15 (a) During the pendency of the action, at the final hearing or at any time

4-16 thereafter during the minority of any of the children of the marriage, make

4-17 [such] an order for the custody, care, education, maintenance and support

4-18 of the minor children ; [as appears in their best interest;] and

4-19 (b) [At any time] Upon the request of a party, modify or vacate its

4-20 order, even if the divorce was obtained by default without an appearance in

4-21 the action by one of the parties.

4-22 The party seeking such an order shall submit to the jurisdiction of the court

4-23 for the purposes of this subsection. The court may make such an order

4-24 upon the application of one of the parties or the legal guardian of the

4-25 minor.

4-26 2. Any order for joint custody may be modified or terminated by the

4-27 court upon the petition of one or both parents . [or on the court’s own

4-28 motion if it is shown that the best interest of the child requires the

4-29 modification or termination.] The court shall state in its decision the

4-30 reasons for the order of modification or termination if either parent opposes

4-31 it.

4-32 3. Any order for custody of a minor child or children of a marriage

4-33 entered by a court of another state may, subject to the jurisdictional

4-34 requirements in chapter 125A of NRS, be modified at any time to an order

4-35 of joint custody.

4-36 4. A party may proceed pursuant to this section without counsel.

4-37 5. Any order awarding a party a limited right of custody to a child

4-38 must define that right with sufficient particularity to ensure that the rights

4-39 of the parties can be properly enforced . [and that the best interest of the

4-40 child is achieved.] The order must include all specific times and other

4-41 terms of the limited right of custody. As used in this subsection, “sufficient

4-42 particularity” means a statement of the rights in absolute terms and not by

4-43 the use of the term “reasonable” or other similar term which is susceptible

4-44 to different interpretations by the parties.

4-45 6. All orders authorized by this section must be made in accordance

4-46 with the provisions of chapter 125A of NRS and must contain the

4-47 following language:

5-1 PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

5-2 CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF

5-3 THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS

5-4 PROVIDED IN NRS 193.130. NRS 200.359 provides that every person

5-5 having a limited right of custody to a child or any parent having no right of

5-6 custody to the child who willfully detains, conceals or removes the child

5-7 from a parent, guardian or other person having lawful custody or a right of

5-8 visitation of the child in violation of an order of this court, or removes the

5-9 child from the jurisdiction of the court without the consent of either the

5-10 court or all persons who have the right to custody or visitation is subject to

5-11 being punished for a category D felony as provided in NRS 193.130.

5-12 7. In addition to the language required pursuant to subsection 6, all

5-13 orders authorized by this section must specify that the terms of the Hague

5-14 Convention of October 25, 1980, adopted by the 14th Session of the Hague

5-15 Conference on Private International Law, apply if a parent abducts or

5-16 wrongfully retains a child in a foreign country.

5-17 8. If a parent of the child lives in a foreign country or has significant

5-18 commitments in a foreign country:

5-19 (a) The parties may agree, and the court shall include in the order for

5-20 custody of the child, that the United States is the country of habitual

5-21 residence of the child for the purposes of applying the terms of the Hague

5-22 Convention as set forth in subsection 7.

5-23 (b) Upon motion of one of the parties, the court may order the parent to

5-24 post a bond if the court determines that the parent poses an imminent risk

5-25 of wrongfully removing or concealing the child outside the country of

5-26 habitual residence. The bond must be in an amount determined by the court

5-27 and may be used only to pay for the cost of locating the child and returning

5-28 him to his habitual residence if the child is wrongfully removed from or

5-29 concealed outside the country of habitual residence. The fact that a parent

5-30 has significant commitments in a foreign country does not create a

5-31 presumption that the parent poses an imminent risk of wrongfully

5-32 removing or concealing the child.

5-33 9. Except where a contract providing otherwise has been executed

5-34 pursuant to NRS 123.080, the obligation for care, education, maintenance

5-35 and support of any minor child created by any order entered pursuant to

5-36 this section ceases:

5-37 (a) Upon the death of the person to whom the order was directed; [or]

5-38 (b) When the child reaches 18 years of age if he is no longer enrolled in

5-39 high school, otherwise, when he reaches 19 years of age[.] ; or

5-40 (c) Upon the order of a court of competent jurisdiction granting relief

5-41 pursuant to section 20 of this act.

5-42 10. As used in this section, a parent has “significant commitments in a

5-43 foreign country” if he:

5-44 (a) Is a citizen of a foreign country;

5-45 (b) Possesses a passport in his name from a foreign country;

5-46 (c) Became a citizen of the United States after marrying the other parent

5-47 of the child; or

5-48 (d) Frequently travels to a foreign country.

6-1 Sec. 6. NRS 125B.010 is hereby amended to read as follows:

6-2 125B.010 [The]

6-3 1. Except as otherwise provided in subsection 2, the provisions of this

6-4 chapter apply to all parents of all children, whether or not legitimated.

6-5 2. The provisions of NRS 125B.070 and 125B.080 do not apply to

6-6 parents:

6-7 (a) Who are awarded joint physical and legal custody of a child

6-8 pursuant to chapter 125 or 125C of NRS; and

6-9 (b) Who share equally the cost of support for a child.

6-10 3. A court that awards joint physical and legal custody of a child to

6-11 the parents of the child shall specify in the order determining custody

6-12 that the parents are required to share equally in the cost of support for

6-13 the child.

6-14 4. For purposes of this section:

6-15 (a) A rebuttable presumption arises that parents are financially

6-16 capable of sharing equally the cost of support for a child and that parents

6-17 will in fact share equally the cost of support for a child when the parents

6-18 of a child are awarded joint physical and legal custody of a child

6-19 pursuant to chapter 125 or 125C of NRS.

6-20 (b) The presumption created by this subsection may be overcome by

6-21 evidence showing, by a preponderance of the evidence, that:

6-22 (1) The cost of support for a child is not shared equally or as

6-23 otherwise agreed to in writing by the parents; or

6-24 (2) Any of the parties to the proceeding are receiving or have ever

6-25 received public assistance, or are otherwise not financially capable of

6-26 sharing equally the cost of support for a child.

6-27 (c) The cost of support for a child includes, without limitation,

6-28 payment for the maintenance, health care, education and support of a

6-29 child.

6-30 5. As used in this section, “public assistance” means any payment

6-31 made by the welfare division of the department of human resources to or

6-32 on behalf of a child pursuant to the provisions of Title 38 of NRS.

6-33 Sec. 7. NRS 125B.020 is hereby amended to read as follows:

6-34 125B.020 1. The parents of a child , [(]in this chapter referred to as

6-35 “the [child”)] child,” have a duty to provide and share equally the [child]

6-36 necessary maintenance, health care, education and support[.] of the child.

6-37 2. They are also liable[,] equally, in the event of the child’s death, for

6-38 [its] his funeral expenses.

6-39 3. The father is also liable to pay the expenses of the mother’s

6-40 pregnancy and confinement.

6-41 4. The obligation of the parent to support the child underthe laws for

6-42 the support of poor relatives applies to children born out of wedlock.

6-43 Sec. 8. NRS 125B.050 is hereby amended to read as follows:

6-44 125B.050 1. If there is no court order for support, any demand in

6-45 writing to a parent not having physical custody for payment of support on

6-46 behalf of a minor child, mailed to the last known address of the parent, tolls

6-47 the running of the statute of limitations for the bringing of an action for that

6-48 support.

7-1 2. A motion for relief after judgment and an independent action to

7-2 enforce a judgment for support of a child may be commenced at any time.

7-3 3. If a court has issued an order for the support of a child, there is no

7-4 limitation on the time in which an action may be commenced to:

7-5 (a) Collect arrearages in the amount of that support; or

7-6 (b) Seek reimbursement of money paid as public assistance for that

7-7 child.

7-8 4. If a court has granted a motion for relief, pursuant to section 20 of

7-9 this act, from a final judgment, court order, or administrative

7-10 determination or order that requires a person to pay support for a child

7-11 pursuant to this chapter or chapter 126 or 425 of NRS, there is no

7-12 limitation on the time in which an action may be commenced to seek

7-13 reimbursement of any amounts paid for support of a child pursuant to

7-14 the judgment, order or determination.

7-15 Sec. 9. NRS 125B.070 is hereby amended to read as follows:

7-16 125B.070 1. As used in this section and NRS 125B.080, unless the

7-17 context otherwise requires:

7-18 (a) [“Gross] “Net monthly income” means the total amount of income

7-19 from any source of a wage-earning employee after any deductions

7-20 required by federal law or the gross income from any source of a self-

7-21 employed person, after deduction of all legitimate business expenses[,]

7-22 and deductions required by federal law, but without deduction for

7-23 [personal income taxes,] contributions for retirement benefits,

7-24 contributions to a pension or for any other personal expenses.

7-25 (b) “Obligation for support” means the amount of the net monthly

7-26 income of the parent with the greater income determined according to the

7-27 following schedule:

7-28 (1) For one child, 18 percent;

7-29 (2) For two children, 25 percent;

7-30 (3) For three children, 29 percent;

7-31 (4) For four children, 31 percent; and

7-32 (5) For each additional child, an additional 2 percent,

7-33 [of a parent’s gross monthly income, but not more than $500 per month per

7-34 child for an obligation for support determined pursuant to subparagraphs

7-35 (1) to (4), inclusive,] unless the court sets forth findings of fact as to the

7-36 basis for a different amount pursuant to subsection 6 of NRS 125B.080.

7-37 2. The obligation for support paid by a parent of two or more

7-38 children, whether or not all the children are the issue of the same

7-39 marriage:

7-40 (a) Must be determined by dividing the percentage of net monthly

7-41 income, as provided in the schedule in subsection 1, by the total number

7-42 of children for whom support will be paid; and

7-43 (b) Except as otherwise provided in this chapter, must provide each

7-44 child with an amount of support equal to the amount received by the

7-45 other children who receive support from the parent.

7-46 3. On or before January 18, 1993, and on or before the third Monday

7-47 in January every 4 years thereafter, the State Bar of Nevada shall review

7-48 the formulas set forth in this section to determine whether any

8-1 modifications are advisable and report to the legislature their findings and

8-2 any proposed amendments.

8-3 Sec. 10. NRS 125B.080 is hereby amended to read as follows:

8-4 125B.080 Except as otherwise provided in NRS 125B.010 or 425.450:

8-5 1. A court of this state shall apply the appropriate formula set forth in

8-6 paragraph (b) of subsection 1 of NRS 125B.070 to:

8-7 (a) Determine the required support in any case involving the support of

8-8 children.

8-9 (b) Any request filed after July 1, 1987, to change the amount of the

8-10 required support of children.

8-11 2. If the parties agree as to the amount of support required, the parties

8-12 shall certify that the amount of support is consistent with the appropriate

8-13 formula set forth in paragraph (b) of subsection 1 of NRS 125B.070. If the

8-14 amount of support deviates from the formula, the parties must stipulate

8-15 sufficient facts in accordance with subsection 9 which justify the deviation

8-16 to the court, and the court shall make a written finding thereon. Any

8-17 inaccuracy or falsification of financial information which results in an

8-18 inappropriate award of support is grounds for a motion to modify or adjust

8-19 the award.

8-20 3. If the parties disagree as to the amount of the [gross] net monthly

8-21 income of either party, the court shall determine the amount and may direct

8-22 either party to furnish financial information or other records, including

8-23 income tax returns for the preceding 3 years. Once a court has established

8-24 an obligation for support by reference to a formula set forth in paragraph

8-25 (b) of subsection 1 of NRS 125B.070, any subsequent modification or

8-26 adjustment of that support, except for any modification or adjustment made

8-27 pursuant to NRS 425.450 or as a result of a review conducted pursuant to

8-28 subsection 1 of NRS 125B.145, must be based upon changed

8-29 circumstances.

8-30 4. Notwithstanding the formulas set forth in paragraph (b) of

8-31 subsection 1 of NRS 125B.070, the minimum amount of support that may

8-32 be awarded by a court in any case is $100 per month per child, unless the

8-33 court makes a written finding that the obligor is unable to pay the

8-34 minimum amount. Willful underemployment or unemployment is not a

8-35 sufficient cause to deviate from the awarding of at least the minimum

8-36 amount.

8-37 5. It is presumed that the basic needs of a child are met by the formulas

8-38 set forth in paragraph (b) of subsection 1 of NRS 125B.070. This

8-39 presumption may be rebutted by evidence proving that the needs of a

8-40 particular child are not met by the applicable formula.

8-41 6. If the amount of the awarded support for a child is greater or less

8-42 than the amount which would be established under the applicable formula,

8-43 the court shall:

8-44 (a) Set forth findings of fact as to the basis for the deviation from the

8-45 formula; and

8-46 (b) Provide in the findings of fact the amount of support that would

8-47 have been established under the applicable formula.

8-48 7. Expenses for health care which are not reimbursed, including

8-49 expenses for medical, surgical, dental, orthodontic and optical expenses,

9-1 must be borne equally by both parents in the absence of extraordinary

9-2 circumstances.

9-3 8. If a parent who has an obligation for support is willfully

9-4 underemployed or unemployed to avoid an obligation for support of a

9-5 child, that obligation must be based upon the parent’s true potential earning

9-6 capacity.

9-7 9. The court shall consider the following factors when adjusting the

9-8 amount of support of a child upon specific findings of fact:

9-9 (a) The cost of health insurance;

9-10 (b) The cost of child care;

9-11 (c) Any special educational needs of the child;

9-12 (d) The age of the child;

9-13 (e) The responsibility of the parents for the support of others;

9-14 (f) The value of services contributed by either parent;

9-15 (g) Any public assistance paid to support the child;

9-16 (h) Any expenses reasonably related to the mother’s pregnancy and

9-17 confinement;

9-18 (i) The cost of transportation of the child to and from visitation if the

9-19 custodial parent moved with the child from the jurisdiction of the court

9-20 which ordered the support and the noncustodial parent remained;

9-21 (j) The amount of time the child spends with each parent;

9-22 (k) Any other necessary expenses for the benefit of the child; and

9-23 (l) The relative net monthly income of both parents.

9-24 Sec. 11. NRS 125B.085 is hereby amended to read as follows:

9-25 125B.085 1. Except as otherwise provided in NRS 125B.012, every

9-26 court order for the support of a child issued or modified in this state on or

9-27 after October 1, [1997,] 2001, must include a provision specifying

9-28 [whether]:

9-29 (a) Whether the parent required to pay support is required to provide

9-30 coverage for the health care of the child and, if so, any details relating to

9-31 that requirement[.] ; or

9-32 (b) If there is no court order for support or if the order provides that

9-33 no support is due, that both parents, except as otherwise agreed to in

9-34 writing by the parents, are required to share equally in the cost of

9-35 providing coverage for the health care of the child.

9-36 2. An order issued pursuant to subsection 1 must specify the details

9-37 of an agreement between the parents, if any, to divide unequally the costs

9-38 of providing coverage for the health care of the child.

9-39 Sec. 12. NRS 125B.120 is hereby amended to read as follows:

9-40 125B.120 1. The obligation of a parent other than [that under the

9-41 laws providing] an obligation for the support of poor relatives is

9-42 discharged by [complying] :

9-43 (a) Complying with a court order for support [or] ;

9-44 (b) Complying with the terms of a judicially approved settlement[.] ; or

9-45 (c) The grant of relief pursuant to section 20 of this act from a final

9-46 judgment, court order, or administrative determination or order that

9-47 requires a person to pay support for a child.

9-48 2. The legal adoption of the child into another family discharges the

9-49 obligation of his natural parents for the period subsequent to the adoption.

10-1 Sec. 13. NRS 125B.140 is hereby amended to read as follows:

10-2 125B.140 1. Except as otherwise provided in NRS 125B.012 and

10-3 chapter 130 of NRS [and NRS 125B.012:] and section 21 of this act:

10-4 (a) If an order issued by a court provides for payment for the support of

10-5 a child, that order is a judgment by operation of law on or after the date a

10-6 payment is due. Such a judgment may not be retroactively modified or

10-7 adjusted and may be enforced in the same manner as other judgments of

10-8 this state.

10-9 (b) Payments for the support of a child pursuant to an order of a court

10-10 which have not accrued at the time either party gives notice that he has

10-11 filed a motion for modification or adjustment may be modified or adjusted

10-12 by the court upon a showing of changed circumstances, whether or not the

10-13 court has expressly retained jurisdiction of the modification or adjustment.

10-14 2. Except as otherwise provided in subsection 3 and NRS 125B.012,

10-15 125B.142 and 125B.144:

10-16 (a) Before execution for the enforcement of a judgment for the support

10-17 of a child, the person seeking to enforce the judgment must send a notice

10-18 by certified mail, restricted delivery, with return receipt requested, to the

10-19 responsible parent:

10-20 (1) Specifying the name of the court that issued the order for support

10-21 and the date of its issuance;

10-22 (2) Specifying the amount of arrearages accrued under the order;

10-23 (3) Stating that the arrearages will be enforced as a judgment; and

10-24 (4) Explaining that the responsible parent may, within 20 days after

10-25 the notice is sent, ask for a hearing before a court of this state concerning

10-26 the amount of the arrearages.

10-27 (b) The matters to be adjudicated at such a hearing are limited to a

10-28 determination of the amount of the arrearages and the jurisdiction of the

10-29 court issuing the order. At the hearing, the court shall take evidence and

10-30 determine the amount of the judgment and issue its order for that amount.

10-31 (c) The court shall determine and include in its order:

10-32 (1) Interest upon the arrearages at a rate established pursuant to NRS

10-33 99.040, from the time each amount became due; and

10-34 (2) A reasonable attorney’s fee for the
proceeding,

10-35 unless the court finds that the responsible parent would experience an

10-36 undue hardship if required to pay such amounts. Interest continues to

10-37 accrue on the amount ordered until it is paid, and additional attorney’s fees

10-38 must be allowed if required for collection.

10-39 (d) The court shall ensure that the social security number of the

10-40 responsible parent is:

10-41 (1) Provided to the welfare division of the department of human

10-42 resources.

10-43 (2) Placed in the records relating to the matter and, except as

10-44 otherwise required to carry out a specific statute, maintained in a

10-45 confidential manner.

10-46 3. Subsection 2 does not apply to the enforcement of a judgment for

10-47 arrearages if the amount of the judgment has been determined by any court.

11-1 Sec. 14. NRS 125B.142 is hereby amended to read as follows:

11-2 125B.142 1. If a responsible parent is in arrears in the payment for

11-3 the support of a child pursuant to an order of a court of this state, the order

11-4 may be recorded in the manner prescribed in NRS 17.150 for the recording

11-5 of a judgment lien in the office of the county recorder of any county.

11-6 2. From the time of its recordation, the order becomes a lien upon all

11-7 real and personal property owned by the responsible parent in the county in

11-8 which the order is recorded at the time the order is recorded, or which he

11-9 acquires in that county after the order is recorded, until the lien expires.

11-10 3. Except as otherwise provided in subsection 4, a person who wishes

11-11 to enforce a lien created pursuant to subsection 1 must, within 20 days after

11-12 he records the order as a lien, send a notice by certified mail, return receipt

11-13 requested, to the responsible parent:

11-14 (a) Specifying the name of the court that issued the order and the date of

11-15 its issuance;

11-16 (b) Specifying the amount of arrearages under the order;

11-17 (c) Stating that the order will be enforced as a judgment lien; and

11-18 (d) Explaining that the responsible parent may, within 20 days after the

11-19 notice is sent, request a hearing before the court concerning the amount of

11-20 the arrearages.

11-21 4. A person who seeks to enforce a lien pursuant to this section is not

11-22 required to send the notice required pursuant to subsection 3 if the amount

11-23 of arrearages has been determined by a court of this state.

11-24 5. If the responsible parent does not request a hearing, or a court of this

11-25 state has determined the amount of the arrearages owed by the responsible

11-26 parent, the lien must be given the effect and priority of a judgment lien.

11-27 6. A lien established pursuant to this section continues until the

11-28 arrearages are satisfied[.] or discharged by the order of a court of

11-29 competent jurisdiction pursuant to section 21 of this act.

11-30 Sec. 15. NRS 125B.145 is hereby amended to read as follows:

11-31 125B.145 1. [An] Except as otherwise provided in sections 19 to 22,

11-32 inclusive, of this act, an order for the support of a child must, upon the

11-33 filing of a request for review by:

11-34 (a) The welfare division of the department of human resources, its

11-35 designated representative or the district attorney, if the welfare division or

11-36 the district attorney has jurisdiction in the case; or

11-37 (b) A parent or legal guardian of the child,

11-38 be reviewed by the court at least every 3 years pursuant to this section to

11-39 determine whether the order should be modified or adjusted. Each review

11-40 conducted pursuant to this section must be in response to a separate

11-41 request.

11-42 2. If the court:

11-43 (a) Does not have jurisdiction to modify the order, the court may

11-44 forward the request to any court with appropriate jurisdiction.

11-45 (b) Has jurisdiction to modify the order and, taking into account the best

11-46 interests of the child, determines that modification or adjustment of the

11-47 order is appropriate, the court shall enter an order modifying or adjusting

11-48 the previous order for support in accordance with the requirements of NRS

11-49 125B.070 and 125B.080.

12-1 3. The court shall ensure that:

12-2 (a) Each person who is subject to an order for the support of a child is

12-3 notified, not less than once every 3 years, that he may request a review of

12-4 the order pursuant to this section; or

12-5 (b) An order for the support of a child includes notification that each

12-6 person who is subject to the order may request a review of the order

12-7 pursuant to this section.

12-8 4. An order for the support of a child may be reviewed at any time on

12-9 the basis of changed circumstances[.] or pursuant to a motion for relief

12-10 from an order for the support of a child pursuant to section 20 of this act.

12-11 5. As used in this section “order for the support of a child” means such

12-12 an order that was issued or is being enforced by a court of this state.

12-13 Sec. 16. Chapter 125C of NRS is hereby amended by adding thereto a

12-14 new section to read as follows:

12-15 1. Except as otherwise provided in NRS 125C.210, 125C.220,

12-16 125C.230, 432B.153 and 432B.157:

12-17 (a) When making a determination of the custody of a child, the court:

12-18 (1) Shall not consider evidence of a conviction for an act of

12-19 domestic violence by one parent against the other parent that was

12-20 committed during the marriage;

12-21 (2) Shall consider, in the manner provided in NRS 125C.230 or

12-22 432B.157, evidence of a conviction for an act of domestic violence by a

12-23 parent against the child, regardless of when the act was committed; and

12-24 (3) Shall consider, in the manner provided in NRS 125C.230 or

12-25 432B.157, evidence of a conviction for an act of domestic violence by one

12-26 parent against the other parent that was committed after the date of a

12-27 decree of legal separation or divorce concerning the parents.

12-28 (b) A rebuttable presumption exists that:

12-29 (1) Removing a child from the environment of a marriage in which

12-30 domestic violence has occurred and awarding joint physical and legal

12-31 custody to the parents is in the best interest of the child; and

12-32 (2) The parents of a child are not capable of cooperating in the care

12-33 of the child if a parent is convicted for an act of domestic violence

12-34 against the other parent after the date of a decree of legal separation or

12-35 divorce concerning the parents.

12-36 2. A presumption created pursuant to subsection 1 may be rebutted

12-37 by clear and convincing evidence.

12-38 3. As used in this section, “domestic violence” means the commission

12-39 of any act described in NRS 33.018.

12-40 Sec. 17. NRS 125C.230 is hereby amended to read as follows:

12-41 125C.230 1. Except as otherwise provided in NRS 125C.210 and

12-42 125C.220, and section 16 of this act, a determination by the court after an

12-43 evidentiary hearing and finding by clear and convincing evidence that

12-44 [either parent or any other person] a person, other than the parent of a

12-45 child, seeking custody of a child has engaged in one or more acts of

12-46 domestic violence against the child, a parent of the child or any other

12-47 person residing with the child creates a rebuttable presumption that sole or

12-48 joint custody of the child by the perpetrator of the domestic violence is not

13-1 in the best interest of the child. Upon making such a determination, the

13-2 court shall set forth:

13-3 (a) Findings of fact that support the determination that one or more acts

13-4 of domestic violence occurred; and

13-5 (b) Findings that the custody or visitation arrangement ordered by the

13-6 court adequately protects the child and the parent or other victim of

13-7 domestic violence who resided with the child.

13-8 2. If , after an evidentiary hearing held pursuant to subsection 1 , the

13-9 court determines that more than one party has engaged in acts of domestic

13-10 violence, it shall, if possible, determine which person was the primary

13-11 physical aggressor. In determining which party was the primary physical

13-12 aggressor for the purposes of this section, the court shall consider:

13-13 (a) All prior acts of domestic violence involving any of the parties;

13-14 (b) The relative severity of the injuries, if any, inflicted upon the

13-15 persons involved in those prior acts of domestic violence;

13-16 (c) The likelihood of future injury;

13-17 (d) Whether, during the prior acts, one of the parties acted in self-

13-18 defense; and

13-19 (e) Any other factors that the court deems relevant to the
determination.

13-20 In such a case, if it is not possible for the court to determine which party is

13-21 the primary physical aggressor, the presumption created pursuant to

13-22 subsection 1 applies to each of the parties. If it is possible for the court to

13-23 determine which party is the primary physical aggressor, the presumption

13-24 created pursuant to subsection 1 applies only to the party determined by the

13-25 court to be the primary physical aggressor.

13-26 3. As used in this section, “domestic violence” means the commission

13-27 of any act described in NRS 33.018.

13-28 Sec. 18. Chapter 126 of NRS is hereby amended by adding thereto the

13-29 provisions set forth as sections 19 to 22, inclusive, of this act.

13-30 Sec. 19. To the extent that any provision of section 20, 21 or 22 of

13-31 this act is inconsistent with the provisions of chapter 130 of NRS

13-32 regarding the effect, enforcement or modification of an order relating to

13-33 the support of a child issued by a court other than a court of this state,

13-34 the provision of section 20, 21 or 22 of this act does not apply to the

13-35 order. The enforcement and any modification of such an order must

13-36 comply with the provisions of chapter 130 of NRS.

13-37 Sec. 20. 1. Except as otherwise provided in chapter 130 of NRS, a

13-38 person may file a motion for relief from a final judgment, court order, or

13-39 administrative determination or order which determines that a person is

13-40 the father of a child pursuant to this chapter or chapter 425 of NRS or

13-41 that requires a person to pay support for a child pursuant to this chapter

13-42 or chapter 125B or 425 of NRS. A person seeking relief pursuant to this

13-43 section must file the motion in the district court of the county where the

13-44 original judgment, court order, or administrative determination or order

13-45 was entered.

13-46 2. A court shall grant relief on a motion brought pursuant to

13-47 subsection 1 if:

14-1 (a) The court receives in evidence results from a test for genetic

14-2 identification administered not more than 6 months before the filing of

14-3 the motion that indicate a 0 percent probability that the person is the

14-4 father of the child;

14-5 (b) A test for genetic identification conducted pursuant to NRS

14-6 126.121 or otherwise conducted pursuant to the order of a court of

14-7 competent jurisdiction in this state, if any, conducted before the filing of

14-8 a motion pursuant to subsection 1 did not indicate a probability that the

14-9 person is the father of the child;

14-10 (c) The child was not the result of a contract with a surrogate for

14-11 assisted conception pursuant to NRS 126.045;

14-12 (d) The child was not conceived as a result of artificial insemination

14-13 pursuant to NRS 126.061; and

14-14 (e) The person has not adopted the child pursuant to chapter 127 of

14-15 NRS.

14-16 3. A court shall not deny relief on a motion brought pursuant to

14-17 subsection 1 if, at the time of the occurrence of an act described in this

14-18 subsection, the person did not know that he was not the father of the

14-19 child and the person:

14-20 (a) Married the mother of the child;

14-21 (b) Was named as the father of the child in the certificate of birth of

14-22 the child;

14-23 (c) Was required to support the child because of a written agreement

14-24 or stipulation to support the child, or by a court order or an

14-25 administrative order;

14-26 (d) Executed an affidavit for voluntary acknowledgment of paternity

14-27 pursuant to NRS 126.053, regardless of whether or not the

14-28 acknowledgment has been rescinded or has become final by operation of

14-29 law;

14-30 (e) Was presumed to be the natural father of the child pursuant to the

14-31 circumstances listed in NRS 126.051;

14-32 (f) Except as otherwise provided in this section, was determined to be

14-33 the father of the child in an action for determination of parentage

14-34 pursuant to this chapter or chapter 125B or 425 of NRS; or

14-35 (g) Otherwise admitted or acknowledged himself to be the father of

14-36 the child.

14-37 4. A court shall not grant relief on a motion brought pursuant to

14-38 subsection 1 if the court determines, by a preponderance of the evidence,

14-39 that the person knew that he was not the natural father of the child

14-40 before the person:

14-41 (a) Failed to plead or defend in an action or proceeding to determine

14-42 paternity and a default was entered against him pursuant to this chapter

14-43 or chapter 125B or 425 of NRS; or

14-44 (b) Otherwise admitted or acknowledged himself to be the father of

14-45 the child.

14-46 5. In any action for relief pursuant to this section, if the results of

14-47 tests for genetic identification submitted in connection with the motion

14-48 for relief are solely provided by the moving party, the court, upon the

14-49 motion of any party to the action, shall order the mother of the child, the

15-1 child and the person, other than the person who filed the motion

15-2 pursuant to this section, alleged to be the father, if any, to submit to tests

15-3 for genetic identification. The clerk of the court shall schedule the tests

15-4 for genetic identification not later than 30 days after the court issues its

15-5 order.

15-6 6. If a party refuses to submit to or fails to appear for a test for

15-7 genetic identification that is ordered pursuant to this section, the court

15-8 may presume that the result of the test would be adverse to the interests

15-9 of that party or may enforce its order if the rights of others and the

15-10 interests of justice so require.

15-11 7. A test for genetic identification conducted for purposes of this

15-12 section must be made by qualified physicians or other qualified persons

15-13 pursuant to restrictions and directions as the court or judge deems

15-14 proper. Whenever such a test is ordered and made, the results of the test

15-15 must be received in evidence and must be made available to a judge

15-16 conducting a hearing pursuant to this section.

15-17 8. Except as otherwise provided in this section, a motion brought

15-18 pursuant to this section is governed by the Nevada Rules of Civil

15-19 Procedure.

15-20 Sec. 21. 1. If a person files a motion for relief pursuant to section

15-21 20 of this act and the court determines that no parent and child

15-22 relationship exists between the person filing the motion and the child, the

15-23 court:

15-24 (a) May order reasonable attorney’s fees and other costs of the action,

15-25 including tests for genetic identification, to be paid by the parties in

15-26 proportions and at times determined by the court. In no event may the

15-27 state be assessed any costs when it is a party to an action to determine

15-28 parentage.

15-29 (b) Shall determine, after notice and a hearing on the matter, whether

15-30 the best interest of the child requires the modification or termination of

15-31 an order pursuant to NRS 125C.050 that grants visitation of the child to

15-32 a relative of the person who was granted relief pursuant to section 20 of

15-33 this act.

15-34 (c) Shall issue an order directing the state registrar of vital statistics to

15-35 prepare a new certificate of birth consistent with the findings of the court

15-36 pursuant to NRS 126.221.

15-37 (d) If arrearages for support of a child are owed, may issue an order

15-38 discharging part or all of the arrearages, penalties and interest as to the

15-39 person who was granted relief pursuant to section 20 of this act.

15-40 2. If relief from a judgment, court order, or administrative

15-41 determination or order for the payment of support for a child is not

15-42 granted pursuant to section 20 of this act, the court shall require the

15-43 person who filed the motion for relief to pay all reasonable attorney’s

15-44 fees, court costs and any fees for tests for genetic identification of the

15-45 opposing party.

15-46 3. The provisions of this section do not limit an action by a person

15-47 who was granted relief pursuant to section 20 of this act to recover

15-48 support for a child paid pursuant to the judgment, order or determination

15-49 from which relief was granted.

16-1 Sec. 22. 1. Except for good cause shown, if a court grants a

16-2 motion for relief brought pursuant to section 20 of this act, a person is

16-3 precluded from filing, after a motion for relief is granted, an action

16-4 pursuant to this chapter or chapter 125B or 425 of NRS to establish a

16-5 parent and child relationship between the person who was granted relief

16-6 and the child who was the subject of the judgment, court order, or

16-7 administrative determination or order from which relief was granted.

16-8 2. After a court grants a motion for relief brought pursuant to

16-9 section 20 of this act, if a person files an action pursuant to this chapter

16-10 or chapter 125B or 425 of NRS and the court determines that no parent

16-11 and child relationship exists between the person and the child, the court

16-12 shall order the person who filed the action to pay all reasonable

16-13 attorney’s fees and costs of the action of the opposing party.

16-14 3. For purposes of this section, “good cause shown” includes,

16-15 without limitation, fraud or mistake of material fact shown by clear and

16-16 convincing evidence.

16-17 Sec. 23. NRS 126.051 is hereby amended to read as follows:

16-18 126.051 1. A man is presumed to be the natural father of a child if:

16-19 (a) He and the child’s natural mother are or have been married to each

16-20 other and the child is born during the marriage, or within 285 days after the

16-21 marriage is terminated by death, annulment, declaration of invalidity or

16-22 divorce, or after a decree of separation is entered by a court.

16-23 (b) He and the child’s natural mother were cohabiting for at least 6

16-24 months before the period of conception and continued to cohabit through

16-25 the period of conception.

16-26 (c) Before the child’s birth, he and the child’s natural mother have

16-27 attempted to marry each other by a marriage solemnized in apparent

16-28 compliance with law, although the attempted marriage is invalid or could

16-29 be declared invalid, and:

16-30 (1) If the attempted marriage could be declared invalid only by a

16-31 court, the child is born during the attempted marriage, or within 285 days

16-32 after its termination by death, annulment, declaration of invalidity or

16-33 divorce; or

16-34 (2) If the attempted marriage is invalid without a court order, the

16-35 child is born within 285 days after the termination of cohabitation.

16-36 (d) While the child is under the age of majority, he receives the child

16-37 into his home and openly holds out the child as his natural child.

16-38 (e) Blood tests or tests for genetic identification made pursuant to NRS

16-39 126.121 show a probability of 99 percent or more that he is the father.

16-40 2. A presumption under this section may be rebutted in an appropriate

16-41 action only by clear and convincing evidence. If two or more presumptions

16-42 arise which conflict with each other, the presumption which on the facts is

16-43 founded on the weightier considerations of policy and logic controls. The

16-44 presumption is rebutted by a court decree establishing paternity of the child

16-45 by another man[.] or by an order of the court granting relief pursuant to

16-46 section 20 of this act.

16-47 Sec. 24. NRS 126.053 is hereby amended to read as follows:

16-48 126.053 1. After the expiration of the period described in subsection

16-49 2, an affidavit for the voluntary acknowledgment of paternity developed by

17-1 the state board of health pursuant to NRS 440.283 shall be deemed to have

17-2 the same effect as a judgment or order of a court determining the existence

17-3 of the relationship of parent and child if the affidavit is signed in this or

17-4 any other state by the mother and father of the child. An affidavit for the

17-5 voluntary acknowledgment of paternity that is signed pursuant to this

17-6 subsection is not required to be ratified by a court of this state before the

17-7 affidavit is deemed to have the same effect as a judgment or order of a

17-8 court determining the existence of the relationship of parent and child.

17-9 2. A person who signs an acknowledgment of paternity in this state

17-10 may rescind the acknowledgment:

17-11 (a) Within 60 days after the acknowledgment is signed by both persons;

17-12 or

17-13 (b) Before the date on which an administrative or judicial proceeding

17-14 relating to the child begins if that person is a party to the
proceeding,

17-15 whichever occurs earlier.

17-16 3. After the expiration of the period during which an acknowledgment

17-17 may be rescinded pursuant to subsection 2, the acknowledgment may not

17-18 be challenged except upon the grounds of fraud, duress or material mistake

17-19 of fact. The burden of proof is on the person challenging the

17-20 acknowledgment to establish that the acknowledgment was signed because

17-21 of fraud, duress or material mistake of fact.

17-22 4. Except upon a showing of good cause, a person’s obligation for the

17-23 support of a child must not be suspended during a hearing to challenge a

17-24 voluntary acknowledgment of paternity[.] or during a hearing for relief

17-25 pursuant to section 20 of this act.

17-26 5. For purposes of this section, evidence of results from a test for

17-27 genetic identification administered not more than 6 months before the

17-28 filing of a motion pursuant to section 20 of this act that indicate a 0

17-29 percent probability that a person is the father of the child shall be

17-30 deemed to establish that the acknowledgment was signed because of a

17-31 material mistake of fact.

17-32 Sec. 25. NRS 126.161 is hereby amended to read as follows:

17-33 126.161 1. A judgment or order of a court, or a judgment or order

17-34 entered pursuant to an expedited process, determining the existence or

17-35 nonexistence of the relationship of parent and child is determinative for all

17-36 purposes.

17-37 2. If such a judgment or order of this state is at variance with the

17-38 child’s birth certificate, the judgment or order must direct that a new birth

17-39 certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

17-40 3. If the child is a minor, such a judgment or order of this state must

17-41 provide for his support as required by chapter 125B of NRS and must

17-42 include an order directing the withholding or assignment of income for the

17-43 payment of the support unless:

17-44 (a) One of the parties demonstrates and good cause is found by the court

17-45 , or pursuant to the expedited process, for the postponement of the

17-46 withholding or assignment; [or]

17-47 (b) The parties have been awarded joint legal and physical custody

17-48 with the costs of support of the child shared equally by the parties; or

18-1 (c) All parties otherwise agree in writing.

18-2 4. Such a judgment or order of this state may:

18-3 (a) Contain any other provision directed against the appropriate party to

18-4 the proceeding, concerning the duty of support, the custody and

18-5 guardianship of the child, visitation with the child, the furnishing of bond

18-6 or other security for the payment of the judgment, or any other matter in

18-7 the best interest of the child.

18-8 (b) Direct the father to pay the reasonable expenses of the mother’s

18-9 pregnancy and confinement. The court may limit the father’s liability for

18-10 past support of the child to the proportion of the expenses already incurred

18-11 which the court deems just.

18-12 5. Such a judgment or order of this state must include the social

18-13 security numbers of the mother and father.

18-14 6. As used in this section, “expedited process” means a voluntary

18-15 acknowledgment of paternity, judicial procedure or an administrative

18-16 procedure established by this or another state, as that term is defined in

18-17 NRS 130.10179, to facilitate the collection of an obligation for the support

18-18 of a child.

18-19 Sec. 26. NRS 425.360 is hereby amended to read as follows:

18-20 425.360 1. Any payment of public assistance pursuant to this chapter

18-21 creates a debt for support to the division by the responsible parent, whether

18-22 or not the parent received prior notice that his child was receiving public

18-23 assistance.

18-24 2. The division is entitled to the amount to which a dependent child or

18-25 a person having the care, custody and control of a dependent child would

18-26 have been entitled for support, to the extent of the assignment of those

18-27 rights to support pursuant to NRS 425.350, and may prosecute or maintain

18-28 any action for support or execute any administrative remedy existing under

18-29 the laws of this state to obtain reimbursement of money expended for

18-30 public assistance from any liable third party, including an insurer, group

18-31 health plan as defined in section 607(1) of the Employee Retirement

18-32 Income Security Act of 1974 [(29 U.S.C.A.] , 29 U.S.C. § 1167(1) ,[),]

18-33 service benefit plan, or health maintenance organization. If a court enters

18-34 judgment for an amount of support to be paid by a responsible parent, the

18-35 division is entitled to the amount of the debt created by that judgment to

18-36 the extent of the assignment of rights to support pursuant to NRS 425.350,

18-37 and the judgment awarded shall be deemed to be in favor of the division to

18-38 that extent. This entitlement applies to, but is not limited to, a temporary

18-39 order for spousal support, a family maintenance order or an alimony order,

18-40 whether or not allocated to the benefit of the child on the basis of providing

18-41 necessaries for the caretaker of the child, up to the amount paid by the

18-42 division in public assistance to or for the benefit of a dependent child. The

18-43 division may petition the appropriate court for modification of its order on

18-44 the same grounds as a party to the action.

18-45 3. If there is no court order for support, or if the order provides that no

18-46 support is due but the facts on which the order was based have changed,

18-47 the amount due is the amount computed pursuant to NRS 125B.070 and

18-48 125B.080, using the Nevada average wage, determined by the employment

18-49 security division of the department of employment, training and

19-1 rehabilitation, if the [gross] net monthly income of the responsible parent

19-2 cannot be otherwise ascertained.

19-3 4. Debts for support may [not] be incurred by a parent or any other

19-4 person who is the recipient of public assistance for the benefit of a

19-5 dependent child for the period when the parent or other person is a

19-6 recipient.

19-7 5. Except as otherwise provided in subsection 6, the parents of a

19-8 dependent child who is the beneficiary of public assistance are jointly

19-9 and severally liable for repayment of debts for the support of the

19-10 dependent child during the period when a parent or any other person is

19-11 the recipient of public assistance for the benefit of a dependent child.

19-12 6. A parent is not liable for the debts for support incurred

19-13 fraudulently by the other parent or person who is the recipient of public

19-14 assistance for the benefit of a dependent child if the parent did not

19-15 facilitate the perpetration of the fraud.

19-16 Sec. 27. NRS 425.3828 is hereby amended to read as follows:

19-17 425.3828 1. If a written response setting forth objections and

19-18 requesting a hearing is received by the office issuing the notice and finding

19-19 of financial responsibility within the specified period, a hearing must be

19-20 held pursuant to NRS 425.3832 and notice of the hearing must be sent to

19-21 the parent by regular mail.

19-22 2. If a written response and request for hearing is not received by the

19-23 office issuing the notice and finding of financial responsibility within the

19-24 specified period, the master may enter a recommendation for the support of

19-25 a dependent child in accordance with the notice and shall:

19-26 (a) Include in that recommendation:

19-27 (1) If the paternity of the dependent child is established by the

19-28 recommendation, a declaration of that fact.

19-29 (2) The amount of monthly support to be paid, including directions

19-30 concerning the manner of payment.

19-31 (3) The amount of arrearages owed.

19-32 (4) Whether coverage for health care must be provided for the

19-33 dependent child.

19-34 (5) Any requirements to be imposed pursuant to subparagraph (13) of

19-35 paragraph (b) of subsection 2 of NRS 425.382, regarding a plan for the

19-36 payment of support by the parent or the participation of the parent in work

19-37 activities.

19-38 (6) The names of the parents or legal guardians of the child.

19-39 (7) The name of the person to whom, and the name and date of birth

19-40 of the dependent child for whom , support is to be paid.

19-41 (8) A statement that the property of the parent is subject to an

19-42 attachment or other procedure for collection, including, but not limited to,

19-43 withholding of wages, garnishment, liens and execution on liens.

19-44 (9) A statement that objections to the recommendation may be filed

19-45 with the district court and served upon the other party within 10 days after

19-46 receipt of the recommendation.

19-47 (b) Ensure that the social security numbers of the parents or legal

19-48 guardians of the child and the person to whom support is to be paid are:

19-49 (1) Provided to the enforcing authority.

20-1 (2) Placed in the records relating to the matter and, except as

20-2 otherwise required to carry out a specific statute, maintained in a

20-3 confidential manner.

20-4 3. The parent must be sent a copy of the recommendation for the

20-5 support of a dependent child by regular mail addressed to the last known

20-6 address of the parent, or if applicable, the last known address of the

20-7 attorney for the parent.

20-8 4. The recommendation for the support of a dependent child is final

20-9 upon approval by the district court pursuant to NRS 425.3844. The chief

20-10 may take action to enforce and collect upon the order of the court

20-11 approving the recommendation, including arrearages, from the date of the

20-12 approval of the recommendation.

20-13 5. If a written response and request for hearing is not received by the

20-14 office issuing the notice and finding of financial responsibility within the

20-15 specified period, and the master enters a recommendation for the support of

20-16 a dependent child, the court may grant relief from the recommendation on

20-17 the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of

20-18 Civil Procedure[.] or in the manner provided in section 20 of this act.

20-19 Sec. 28. NRS 432B.157 is hereby amended to read as follows:

20-20 432B.157 1. Except as otherwise provided in NRS 125C.210 and

20-21 432B.153, and section 16 of this act, a determination by the court after an

20-22 evidentiary hearing and finding by clear and convincing evidence that

20-23 [either parent or any other person] a person, other than the parent of a

20-24 child, seeking custody of a child has engaged in one or more acts of

20-25 domestic violence against the child, a parent of the child or any other

20-26 person residing with the child creates a rebuttable presumption that it is not

20-27 in the best interest of the child for the perpetrator of the domestic violence

20-28 to have custody of the child. Upon making such a determination, the court

20-29 shall set forth:

20-30 (a) Findings of fact that support the determination that one or more acts

20-31 of domestic violence occurred; and

20-32 (b) Findings that the custody or visitation arrangement ordered by the

20-33 court adequately protects the child and the parent or other victim of

20-34 domestic violence who resided with the child.

20-35 2. If , after an evidentiary hearing held pursuant to subsection 1 , the

20-36 court determines that more than one party has engaged in acts of domestic

20-37 violence, it shall, if possible, determine which person was the primary

20-38 physical aggressor. In determining which party was the primary physical

20-39 aggressor for the purposes of this section, the court shall consider:

20-40 (a) All prior acts of domestic violence involving any of the parties;

20-41 (b) The relative severity of the injuries, if any, inflicted upon the

20-42 persons involved in those prior acts of domestic violence;

20-43 (c) The likelihood of future injury;

20-44 (d) Whether, during the prior acts, one of the parties acted in self-

20-45 defense; and

20-46 (e) Any other factors that the court deems relevant to the
determination.

20-47 In such a case, if it is not possible for the court to determine which party is

20-48 the primary physical aggressor, the presumption created pursuant to

21-1 subsection 1 applies to each of the parties. If it is possible for the court to

21-2 determine which party is the primary physical aggressor, the presumption

21-3 created pursuant to subsection 1 applies only to the party determined by the

21-4 court to be the primary physical aggressor.

21-5 3. A court, agency, institution or other person who places a child in

21-6 protective custody shall not release a child to the custody of a person who a

21-7 court has determined pursuant to subsection 1 has engaged in one or more

21-8 acts of domestic violence against the child, a parent of the child or any

21-9 other person residing with the child unless:

21-10 (a) A court determines that it is in the best interest of the child for the

21-11 perpetrator of the domestic violence to have custody of the child; or

21-12 (b) Pursuant to the provisions of subsection 2, the presumption created

21-13 pursuant to subsection 1 does not apply to the person to whom the court

21-14 releases the child.

21-15 4. As used in this section, “domestic violence” means the commission

21-16 of any act described in NRS 33.018.

21-17 Sec. 29. NRS 629.151 is hereby amended to read as follows:

21-18 629.151 It is unlawful to obtain any genetic information of a person

21-19 without first obtaining the informed consent of the person or the person’s

21-20 legal guardian pursuant to NRS 629.181, unless the information is

21-21 obtained:

21-22 1. By a federal, state, county or city law enforcement agency to

21-23 establish the identity of a person or dead human body;

21-24 2. To determine the parentage or identity of a person pursuant to NRS

21-25 56.020;

21-26 3. To determine the paternity of a person pursuant to NRS 126.121 ,

21-27 section 20 of this act or NRS 425.384;

21-28 4. For use in a study where the identities of the persons from whom the

21-29 genetic information is obtained are not disclosed to the person conducting

21-30 the study;

21-31 5. To determine the presence of certain preventable or inheritable

21-32 disorders in an infant pursuant to NRS 442.008 or a provision of federal

21-33 law; or

21-34 6. Pursuant to an order of a court of competent jurisdiction.

21-35 Sec. 30. NRS 629.171 is hereby amended to read as follows:

21-36 629.171 It is unlawful to disclose or to compel a person to disclose the

21-37 identity of a person who was the subject of a genetic test or to disclose

21-38 genetic information of that person in a manner that allows identification of

21-39 the person, without first obtaining the informed consent of that person or

21-40 his legal guardian pursuant to NRS 629.181, unless the information is

21-41 disclosed:

21-42 1. To conduct a criminal investigation, an investigation concerning the

21-43 death of a person or a criminal or juvenile proceeding;

21-44 2. To determine the parentage or identity of a person pursuant to NRS

21-45 56.020;

21-46 3. To determine the paternity of a person pursuant to NRS 126.121 ,

21-47 section 20 of this act or NRS 425.384;

21-48 4. Pursuant to an order of a court of competent jurisdiction;

22-1 5. By a physician and is the genetic information of a deceased person

22-2 that will assist in the medical diagnosis of persons related to the deceased

22-3 person by blood;

22-4 6. To a federal, state, county or city law enforcement agency to

22-5 establish the identity of a person or dead human body;

22-6 7. To determine the presence of certain preventable or inheritable

22-7 preventable disorders in an infant pursuant to NRS 442.008 or a provision

22-8 of federal law; [or]

22-9 8. To carry out the provisions of NRS 442.300 to 442.330, inclusive;

22-10 or

22-11 9. By an agency of criminal justice pursuant to NRS 179A.075.

22-12 Sec. 31. The amendatory provisions of this act do not apply to:

22-13 1. An offense committed before October 1, 2001.

22-14 2. An action filed before October 1, 2001.

22-15 3. A judgment, order or determination determining parentage or

22-16 requiring the payment of support for a child entered before October 1,

22-17 2001.

22-18 H