Senate Bill No. 269–Senator Schneider

 

March 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides that reduction of 25 percent or more in gross monthly income of person who is ordered to pay alimony or who is subject to order for support of child shall be deemed to constitute changed circumstances requiring modification of payments of alimony or order for support of child. (BDR 11‑1068)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to domestic relations; providing that a reduction of 25 percent or more in the gross monthly income of a person who is ordered to pay alimony or who is subject to an order for support of a child shall be deemed to constitute changed circumstances requiring the modification of the payments of alimony or the order for support of a child; 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 125.150 is hereby amended to read as follows:

1-2  125.150  Except as otherwise provided in NRS 125.155 and

1-3  unless the action is contrary to a premarital agreement between the

1-4  parties which is enforceable pursuant to chapter 123A of NRS:

1-5  1.  In granting a divorce, the court:

1-6  (a) May award such alimony to the wife or to the husband, in a

1-7  specified principal sum or as specified periodic payments, as

1-8  appears just and equitable; and

2-1  (b) Shall, to the extent practicable, make an equal disposition of

2-2  the community property of the parties, except that the court may

2-3  make an unequal disposition of the community property in such

2-4  proportions as it deems just if the court finds a compelling reason to

2-5  do so and sets forth in writing the reasons for making the unequal

2-6  disposition.

2-7  2.  Except as otherwise provided in this subsection, in granting

2-8  a divorce, the court shall dispose of any property held in joint

2-9  tenancy in the manner set forth in subsection 1 for the disposition of

2-10  community property. If a party has made a contribution of separate

2-11  property to the acquisition or improvement of property held in joint

2-12  tenancy, the court may provide for the reimbursement of that party

2-13  for his contribution. The amount of reimbursement must not exceed

2-14  the amount of the contribution of separate property that can be

2-15  traced to the acquisition or improvement of property held in joint

2-16  tenancy, without interest or any adjustment because of an increase in

2-17  the value of the property held in joint tenancy. The amount of

2-18  reimbursement must not exceed the value, at the time of the

2-19  disposition, of the property held in joint tenancy for which the

2-20  contribution of separate property was made. In determining whether

2-21  to provide for the reimbursement, in whole or in part, of a party who

2-22  has contributed separate property, the court shall consider:

2-23      (a) The intention of the parties in placing the property in joint

2-24  tenancy;

2-25      (b) The length of the marriage; and

2-26      (c) Any other factor which the court deems relevant in making a

2-27  just and equitable disposition of that property.

2-28  As used in this subsection, “contribution” includes a down payment,

2-29  a payment for the acquisition or improvement of property, and a

2-30  payment reducing the principal of a loan used to finance the

2-31  purchase or improvement of property. The term does not include a

2-32  payment of interest on a loan used to finance the purchase or

2-33  improvement of property, or a payment made for maintenance,

2-34  insurance or taxes on property.

2-35      3.  Except as otherwise provided in NRS 125.141, whether or

2-36  not application for suit money has been made under the provisions

2-37  of NRS 125.040, the court may award a reasonable attorney’s fee to

2-38  either party to an action for divorce if those fees are in issue under

2-39  the pleadings.

2-40      4.  In granting a divorce, the court may also set apart such

2-41  portion of the husband’s separate property for the wife’s support, the

2-42  wife’s separate property for the husband’s support or the separate

2-43  property of either spouse for the support of their children as is

2-44  deemed just and equitable.

3-1  5.  In the event of the death of either party or the subsequent

3-2  remarriage of the spouse to whom specified periodic payments were

3-3  to be made, all the payments required by the decree must cease,

3-4  unless it was otherwise ordered by the court.

3-5  6.  If the court adjudicates the property rights of the parties, or

3-6  an agreement by the parties settling their property rights has been

3-7  approved by the court, whether or not the court has retained

3-8  jurisdiction to modify them, the adjudication of property rights, and

3-9  the agreements settling property rights, may nevertheless at any time

3-10  thereafter be modified by the court upon written stipulation signed

3-11  and acknowledged by the parties to the action, and in accordance

3-12  with the terms thereof.

3-13      7.  If a decree of divorce, or an agreement between the parties

3-14  which was ratified, adopted or approved in a decree of divorce,

3-15  provides for specified periodic payments of alimony, the decree or

3-16  agreement is not subject to modification by the court as to accrued

3-17  payments. Payments pursuant to a decree entered on or after July 1,

3-18  1975, which have not accrued at the time a motion for modification

3-19  is filed may be modified upon a showing of changed circumstances,

3-20  whether or not the court has expressly retained jurisdiction for the

3-21  modification. In addition to any other factors the court considers

3-22  relevant in determining whether to modify the order, the court shall

3-23  consider whether the income of the spouse who is ordered to pay

3-24  alimony, as indicated on the spouse’s federal income tax return for

3-25  the preceding calendar year, has been reduced to such a level that

3-26  the spouse is financially unable to pay the amount of alimony he has

3-27  been ordered to pay.

3-28      8.  In granting a divorce the court shall consider the need to

3-29  grant alimony to a spouse for the purpose of obtaining training or

3-30  education relating to a job, career or profession. In addition to any

3-31  other factors the court considers relevant in determining whether

3-32  such alimony should be granted, the court shall consider:

3-33      (a) Whether the spouse who would pay such alimony has

3-34  obtained greater job skills or education during the marriage; and

3-35      (b) Whether the spouse who would receive such alimony

3-36  provided financial support while the other spouse obtained job skills

3-37  or education.

3-38      9.  If the court determines that alimony should be awarded

3-39  pursuant to the provisions of subsection 8:

3-40      (a) The court, in its order, shall provide for the time within

3-41  which the spouse who is the recipient of the alimony must

3-42  commence the training or education relating to a job, career or

3-43  profession.

3-44      (b) The spouse who is ordered to pay the alimony may, upon

3-45  changed circumstances, file a motion to modify the order.

4-1  (c) The spouse who is the recipient of the alimony may be

4-2  granted, in addition to any other alimony granted by the court,

4-3  money to provide for:

4-4       (1) Testing of the recipient’s skills relating to a job, career or

4-5  profession;

4-6       (2) Evaluation of the recipient’s abilities and goals relating to

4-7  a job, career or profession;

4-8       (3) Guidance for the recipient in establishing a specific plan

4-9  for training or education relating to a job, career or profession;

4-10          (4) Subsidization of an employer’s costs incurred in training

4-11  the recipient;

4-12          (5) Assisting the recipient to search for a job; or

4-13          (6) Payment of the costs of tuition, books and fees for:

4-14              (I) The equivalent of a high school diploma;

4-15              (II) College courses which are directly applicable to the

4-16  recipient’s goals for his career; or

4-17              (III) Courses of training in skills desirable for

4-18  employment.

4-19      10.  For the purposes of this section, a reduction of 25 percent

4-20  or more in the gross monthly income of a spouse who is ordered to

4-21  pay alimony shall be deemed to constitute changed circumstances

4-22  requiring the modification of the payments of alimony. As used in

4-23  this subsection, “gross monthly income” has the meaning ascribed

4-24  to it in NRS 125B.070.

4-25      Sec. 2.  NRS 125B.145 is hereby amended to read as follows:

4-26      125B.145  1.  An order for the support of a child must, upon

4-27  the filing of a request for review by:

4-28      (a) The Welfare Division of the Department of Human

4-29  Resources, its designated representative or the district attorney, if

4-30  the Welfare Division or the district attorney has jurisdiction in the

4-31  case; or

4-32      (b) A parent or legal guardian of the child,

4-33  be reviewed by the court at least every 3 years pursuant to this

4-34  section to determine whether the order should be modified or

4-35  adjusted. Each review conducted pursuant to this section must be in

4-36  response to a separate request.

4-37      2.  If the court:

4-38      (a) Does not have jurisdiction to modify the order, the court may

4-39  forward the request to any court with appropriate jurisdiction.

4-40      (b) Has jurisdiction to modify the order and, taking into account

4-41  the best interests of the child,determines that modification or

4-42  adjustment of the order is appropriate, the court shall enter an order

4-43  modifying or adjusting the previous order for support in accordance

4-44  with the requirements ofNRS 125B.070 and 125B.080.

4-45      3.  The court shall ensure that:

5-1  (a) Each person who is subject to an order for the support of a

5-2  child is notified, not less than once every 3 years, that he may

5-3  request a review of the order pursuant to this section; or

5-4  (b) An order for the support of a child includes notification that

5-5  each person who is subject to the order may request a review of the

5-6  order pursuant to this section.

5-7  4.  An order for the support of a child may be reviewed at any

5-8  time on the basis of changed circumstances. For the purposes of

5-9  this subsection, a reduction of 25 percent or more in the gross

5-10  monthly income of a person who is subject to an order for the

5-11  support of a child shall be deemed to constitute changed

5-12  circumstances requiring the modification of the order for the

5-13  support of a child.

5-14      5.  As used in this section [“order] :

5-15      (a) “Gross monthly income” has the meaning ascribed to it in

5-16  NRS 125B.070.

5-17      (b) “Order for the support of a child” means such an order that

5-18  was issued or is being enforced by a court of this state.

 

5-19  H