Nevada Revised Statutes 425.3836 – Notice of intent to enforce court order for support; hearing; issuance of recommendation for support; effect of approval of recommendation; effect of noncompliance with order
1. After the issuance of an order for the support of a dependent child by a court, the Chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent by certified mail, restricted delivery, with return receipt requested.
Terms Used In Nevada Revised Statutes 425.3836
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Dependent: A person dependent for support upon another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Summons: Another word for subpoena used by the criminal justice system.
2. The notice must include:
(a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.
(b) The amount of monthly support the responsible parent is required to pay by the order for support.
(c) A statement of the arrearages owed pursuant to the order for support.
(d) A demand that the responsible parent make full payment to the enforcing authority within 14 days after the receipt or service of the notice.
(e) A statement that the responsible parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.
(f) A statement of any requirements the Division will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of support by the responsible parent or the participation of the responsible parent in work activities.
(g) A statement that if the responsible parent objects to any part of the notice of intent to enforce the order, the responsible parent must send to the office that issued the notice a written response within 14 days after the date of receipt of service that sets forth any objections and includes a request for a hearing.
(h) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g), the Chief is entitled to enforce the order and that the property of the responsible parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.
(i) A reference to NRS 425.382 to 425.3852, inclusive.
(j) A statement that the responsible parent is responsible for notifying the office of any change of address or employment.
(k) A statement that if the responsible parent has any questions, the responsible parent may contact the appropriate office or consult an attorney.
(l) Such other information as the Chief finds appropriate.
3. If a written response setting forth objections and requesting a hearing is received within the specified period by the office issuing the notice of intent to enforce the order, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the responsible parent by regular mail. If a written response and request for hearing is not received within the specified period by the office issuing the notice, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:
(a) The amount of monthly support to be enforced, including directions concerning the manner of payment.
(b) The amount of arrearages owed and the manner of payment.
(c) Whether coverage for health care must be provided for the dependent child.
(d) Any requirements to be imposed pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 regarding a plan for the payment of support by the parent or the participation of the parent in work activities.
(e) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.
4. After the district court approves the recommendation for the support of a dependent child, the recommendation is final. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.
5. This section does not prevent the Chief from using other available remedies for the enforcement of an obligation for the support of a dependent child at any time.
6. The master may hold a hearing to enforce a recommendation for the support of a dependent child after the recommendation has been entered and approved by the district court pursuant to NRS 425.3844. The master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding and recommendation is effective upon review and approval of the district court.