1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

The Nevada Child Support Enforcement Program (CSEP) is administered by the Nevada Division of Welfare and Supportive Services (DWSS)and operated by three state program area offices and nine county district attorney offices through cooperative agreements.

2. What is the name of your IV-D agency?

State of Nevada, Division of Welfare and Supportive Services, Child Support Enforcement Program

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Quasi-judicial process For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes, all of the above applications.

5. Describe special requirements for telephonic or video participation in two-state actions.

For Additional Information - No Link Provided

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

The age of majority is 18 or under age 19 if a student in high school. NRS 129.010, 125.510, 125B.110 and 425.300 For Additional Information - No Link Provided

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

18 For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes, if an order exists that extends the age of majority due to the child's disability For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Currently, there are no State Laws regarding the emancipation of the child that would result in early termination of the Child Support obligation. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

If there is a change in custody of the child, that her or she no longer lives with the parent who was receiving child support, or now lives with the parent who was obligated to pay child support, the parent providing support can request a termination of the support order.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

If an order does not already exist, the State of Nevada does not provide IV-D services to establish support for a post majority support.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

If a support order does not exist, pursuant to state regulation, the Child Support Enforcement Program will only seek to recover past due support on behalf of an obligee receiving IV-D services from the beginning of IV-D services, but not to exceed four years of support. If an order exists there is no statute of limitations. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

Three years after the child reaches the age of majority. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

A dormant judgement may be revived by bringing an action but must be done within ten years of the judgement. A Nevada Judgement will expire within six years from the date it is entered in the case unless it is renewed. For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Percentage of Income model For Additional Information - https://www.leg.state.nv.us/NAC/NAC-425.html#NAC425Sec140

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

14. Does your state child support agency have a debt compromise program?

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

A conclusive presumption that a man is the natural father of a child is established if genetic tests made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father except that the presumption may be rebutted if he establishes that he has an identical sibling who may be the father. For Additional Information - No Link Provided

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

NRS 126.051 For Additional Information - No Link Provided

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Yes For Additional Information - https://www.leg.state.nv.us/nrs/nrs-126.html#NRS126Sec051

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Both parents voluntarily acknowledge paternity by signing a Voluntary Acknowledgement of Paternity. This document must be notarized or witnessed and filed with the Bureau of Health Planning and Statistics Office of Vital Records. The State's Registrar's file of orders and declarations of paternity in Nevada is sealed. For Additional Information - https://www.leg.state.nv.us/nrs/NRS-440.html#NRS440Sec325

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

See NRS 126.051 For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

N/A

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

For federal audit purposes, a copy of the paternity acknowledgement, court order, post 10/1/97 birth certificate, Bureau of Vital Statistics (BOVS) birth certificate interface, Confidential Information Form with BOW and paternity establishment fields completed, or case notes documenting communication with the initiating jurisdiction must be in the case record to justify that paternity has been established regarding a child who is born out of wedlock. Photocopies of properly completed documents are acceptable. An adjudication confirming the man as a parent of a child born to a gestational carrier, an adjudication of paternity including a properly executed voluntary paternity acknowledgment, letter of Paternity. For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Yes

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Nevada does not recognize common-law marriages. Marriage in Nevada is a civil contract requiring the consent of each party and a formal ceremony before witnesses. For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Quasi-judicial process

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

Nevada does not establish support administratively For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

Nevada uses the judicial process for establishment. For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

No income other than the NCP's is required to be considered. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Pay check stubs, income tax returns, NCP financial declaration form including Social Security Disability benefit notifications.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

See NAC 425.150 For Additional Information - No Link Provided

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

The State of Nevada Child Support Enforcement Program will only seek to recover past due support, on behalf of an obligee receiving IV-D services, from the original IV-D application date, not to exceed the four (4) year statute of limitations when no current support order exist at the time of application. In interstate cases, the date the interstate referral was received by the Nevada. Central Registry. For Additional Information - https://www.leg.state.nv.us/nrs/nrs-125b.html#NRS125BSec030

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

Prior Periods-Request from the NCP Total gross income over the period in question (IRS tax forms) Proof of any child support payments made. Any other pertinent info regarding establishing the judgement amount. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

No

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

The State of Nevada Child Support Enforcement Program will only seek to recover past due support, on behalf of an obligee receiving IV-D services, from the original IV-D application date, not to exceed the four (4) year statute of limitations when no current support order exist at the time of application. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Yes, the enforcing authority is responsible for scheduling a hearing and notifying the parties for a modification. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

Gross income for determining a child support obligation does not include child support received, Foster Care or Kinship Care payments, SNAP benefits, cash assistance paid by a county, SSI benefits, public assistance benefits and compensation for personal injury awards not intended to replace income. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes, Income Withholding Limits - Statutory Requirements (NRS 31.295) For Additional Information - https://www.leg.state.nv.us/nrs/nrs-031.html

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

5. What are your state’s sanctions for employers for not implementing income withholding?

6. What are the penalties to an employer for failure to remit payments withheld?

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Effective October 1, 1996, all child support collections received through the IV-D program while a family receives TANF cash assistance are considered retained by the state and reduce the amount of URA including amounts the state sends to the family in the form of disregard payments or pass-through payments.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

Effective November 1, 2002 disregard and pass-on payments were no longer sent to the family.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

Federal tax offset collections are the exception to meeting current support obligations. Federal tax offset collections must only be applied to Federal tax offset certified arrears balances.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

If the collection satisfies the current support for all orders, proceed to allocate the remaining balance of collection, prorating among the monthly amount owed for arrears, then among the total arrears balances of all cases.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Proration is first based on the current monthly support obligation owed for each case, then the monthly arrears obligation due for each case, followed by arrears balances owed for each case. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

Data matches such as Garnishments of Federal payments, Defense Manpower Data Center enables enforcing authorities to verify if the child is eligible for Tricare and already enrolled in DEERS. Federal child Support Portal, CSLN database

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

When a jurisdiction receives a CSE Transmittal #3-Request for Assistance/Discovery from another jurisdiction, it should not open a IV-D. It should only provide the limited assistance requested. Documentation include certified copies of Orders, payment records, provide assistance with service of process and genetic testing, obtain financial data/proof of respondents income. File a Notice of Determination of Controlling Order with An order-issuing Tribunal.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

A Nevada Judgment of $1,000 or more and the custodial parent resides in Nevada (or the last known address was in Nevada) For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

The agencies include Equifax, Experian and TransUnion

5. Is the method for credit bureau reporting judicial, administrative, or both?

Both judicial and administrative.

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

If a child support obligation has been paid in full and the account still appears as delinquent, the NCP can file a dispute with the credit bureaus to potentially have it updated.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes, arrears amount must be at least $150. for Assistance cases and $500.00 for Non Assistance cases.

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes, arrears amount must be at least $150.00 for Assistance cases and $500.00 for Non Assistance cases.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes, per SEM 602.19 $500.00 minimum in arrears.

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

Yes, per SEM 602.19 $500.00 minimum in arrears.

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

The NCP must owe adjudicated arrears for the support of one or more children greater than $1000.00 and be at least two months in arrears since IV-D services began. SEM 620.

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

Yes per SEM 620 The NCP must owe adjudicated arrears for the support of one or more children greater than $1000.00 and be at least two months in arrears since IV-D services began.

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

Yes, all IV-D cases with arrears over $2000.00 are submitted to the Department of State (DoS) for passport denial.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Execution on a financial account requires a judgment; the judgment must be from a Nevada court or from another state's court which has been recorded in Nevada by use of an interstate lien form NRS 125B.144

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Yes, Exempt accounts are listed in NRS 21.105 For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

In Nevada, the financial institution attachment process is centralized.

17. What are the criteria to attach an account in a financial institution in your state?

Execution on a financial account requires a judgment; the judgment must be from a Nevada court or from another state's court which has been recorded in Nevada by use of an interstate lien form NRS 125B.144

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No, enforcement actions from other states should be directed to our state's child support office For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

In Nevada, NRS 31A.025 specifies two different processes for implementing income withholding

20. Does your state's income withholding definition include amounts in financial institutions?

No, the State's definition does not include amounts in financial institutions. It states Income withholding is the court or administratively ordered deduction of a specified amount from a parent's income for payment of child support. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

The enforcing state informs both the noncustodial parent and the custodial parent. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

Nevada statute allows an amount equal to 25% of payment ordered for current support withheld if the current monthly support is not being enforced. For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

36. What are the criteria for initiating/filing a lien in your state?

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

40.1 If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

The enforcing authority must conduct a review of a child support order over which Nevada has Continuing Exclusive Jurisdiction (CEJ): Every three years (36 months) For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

Notification of Right to Review and Adjustment is sent to the parties subject to a child support order 30 days prior, conduct the review, notify the parties of the proposed adjustment, complete a stipulation if the parties are in agreement & petition the court for a modification. For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

NRS 125B.145(4) states a change of at least 20% (increase or decrease) in the gross monthly income of an obligor constitutes a change of circumstances. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

For Additional Information - No Link Provided

4.4. The cost of living has changed.

No

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

4.6. There has been a substantial change in childcare expenses.

Yes

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

"Change in circumstances criteria: Must be at least 20% change in the gross monthly income of the obligor. "

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

Yes, after learning that a noncustodial parent will be incarcerated for more than 180 calendar days, without the need for a specific request and, upon notice to both parents, review and, if appropriate, adjust the order. For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Nevada utilizes the OMB approved Income withholding order (IWO)

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

No

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

N/A

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

N/A

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

It is retained by the state from support collected The fee will be collected from either 1) the custodian (CST) when application is made, 2) the noncustodial parent (NCP) when child support payments begin or 3) state funds

3.1. Is it retained by the state from support collected?

Yes

3.2. Is it paid by the individual applying for child support services?

Yes, the custodian (CST) when application is made

3.3. Is it recovered from the noncustodial parent?

Yes, the noncustodial parent (NCP) when child support payments begin

3.4. Is it paid by the state out of its state funds?

Yes, by state funds

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Yes The child support agencies that choose to act on the match send a request to the insurer to withhold the payment, based on the state's laws and policies. NRS 425.364. All collections receipted for current support and arrears on a current assistance case must be distributed per the hierarchy and also reduce the cumulative amount of URA. The payment for withholding will be giving priority to current support up to the limits imposed. For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

Insurance claim assets (disability benefits, judgments and settlements) are considered income under NRS 31A.150 and as such may be intercepted, when Nevada has jurisdiction to enforce, by sending the insurance carrier or Third Party Administrator (TPA) an income withholding order (IWO) pursuant to NRS 31A.150.

3. What process does your state use to intercept insurance payments?

Child Support Lien Network. Collections resulting from intercepted judgments, settlements and disability benefits are income withholding collections pursuant to NRS 31A.016 and 31A.150 and must be allocated as income withholding in accordance with NRS 31A.030 For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

Nevada does not have a State Worker's Compensation Agency. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Currently, For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

N/A For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Nevada Revised Statutes (NRS) Chapter 130. For Additional Information - No Link Provided

2. How does your state define the tribunal (See UIFSA 103)?

Tribunal: is a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage For Additional Information - https://www.leg.state.nv.us/nrs/nrs-130.html#NRS130Sec10191

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One certified copy of order.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

Yes, the Rules of the District Courts of the State of Nevada, Rule 12, require all documents filed with the court to be single sided.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

Germany, Austria, France and Mexico

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes, For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

3. What methods of personal service does your state use?

Forward documents needing to be served to the sheriff, other public official, or private contractor.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Hearing masters are required to accept voluntary acknowledgements of paternity, in addition to voluntary acknowledgements of support and stipulated agreements setting the amount of support to be paid.

6. What circumstances will cause your state to end child support before the normal duration?

Death, CST declines child support & NCP is in agreement For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Paper warrants will be issued to Non Custodial Parents, employers, income payers, alternate payees, custodians living in foreign countries, OJURS and other agencies that do not have EFT accounts. Debit cards are not issued in these circumstances.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

The State of Nevada cannot, itself, reduce the costs and fees associated with international payment processing.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No, Nevada's does not have jurisdiction on tribal land.

1.1. If yes, list the tribes and identify services provided, if less than full services.

N/A For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

Yes, per NRS 31A.090 employers in Nevada with 50 or more employees or submitting payments of $10,000.00 or more are required to remit child support payments electronically. If remitting payment by EFT, please first notify Nevada SCaDU by e-mail at SCaDU.EFT@dwss.nv.gov. Income Withholding EFT Account Information: Routing Number: 021052053 Account Number: 35239446 Employers are required to collect $2.00 per payment (maximum $4.00 per month) to be sent to the Nevada State Treasurer no less than quarterly per NRS 31A.080. $2 Income Withholding Fee EFT Account Information: Routing Number: 021052053 Account Number: 99167310 For additional information please visit our website at: www.dwss.nv.gov.

2. What is your state's SDU bank name?

Wells Fargo

3. What is your state's SDU vendor name?

State of Nevada

4. What is your state's web-based payment service for employers?

https://dwss.nv.gov/?ChildSupportOnlinePayments.html Visa, MasterCard, and Discover accepted

5. What is your state's web-based payment service for noncustodial parents?

https://dwss.nv.gov/?ChildSupportOnlinePayments.html Visa, MasterCard, and Discover accepted

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Non Custodial Parents and Employers

7. How does your state accept card payments?

Website: https://dwss.nv.gov/?ChildSupportOnlinePayments.html Telephone Payments: Business hours: 1-844-855-6152 8am-5pm Monday through Friday PST, excluding state observed holidays. Visa or MasterCard accepted. There is no convenience fee. Non-Business hours: 1-855-288-2352 5pm-8am Monday - Friday PST, weekends, and state holidays. Credit and debit cards with the Visa, MasterCard, or Discover logo. There is a convenience fee of $7.95 per payment. In Person Payments: Nevada SCaDU 1900 E. Flamingo Road, Suite 136 Las Vegas, NV 89119-5168

8. Are there fees associated with the credit card payments?

Employers are required to collect $2.00 per payment (maximum $4.00 per month) to be sent to the Nevada State Treasurer no less than quarterly per NRS 31A.075 (3).

9. Does your state have other payment options?

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

1st pay period occurring 14 days after date notice is mailed

11. When must an employer remit amounts withheld from an employee's pay?

7 business days

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Federal taxes, FICA, Medicare

13. What is your state's priority for withholdings?

The employer shall allocate the funds available in accordance with the following priority, unless a court or administrative order directs otherwise: Current child and spousal support Health insurance premiums or current cash medical support; Arrearages Other child support obligations

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Federal CCPA limits of 50 - 65%

15. What are the withholding limits for non-employees?

50% - 65% of the payment

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

Prorate

17. When does your state require employers to send notice of an employee's termination?

Timely

18. How long should an employer retain the order after the employee's termination?

No law or policy

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

$3 Employer's Cost Recovery fee: Allows employers to deduct up to $3.00 for each withholding from the amount paid the employee as reimbursement for the costs associated with carrying out the withholding.

20. Provide your state's statutory citation.

Nev. Rev. Stat. Ann. §§31.295, 31A.030, 31A.075, 31A.080, 31A.090

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

Yes, Lump sum payment means: Commission; Discretionary or nondiscretionary bonus; Productivity or performance bonus; Profit sharing; Referral or sign-on bonus; Incentive payment for moving or relocation; Attendance award; Safety award; Cash payment award; Termination pay; Severance pay; and Any other one-time, unscheduled or irregular payment of compensation.

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Yes NRS 31A.072 advises that an income payer who has received a notice to withhold income which includes a provision for the payment of arrears shall inform the enforcing authority before making a lump sum payment to the obligor that is $150 or more.

23. Does your state have a threshold amount for a lump sum to be reported?

$150.00

24. Does your state citation or rule provide how long the employer must hold the lump sum?

N/A

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

No

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

Yes

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

No

29. What is your state's Medical Support Statute?

Website: http://www.leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec350 Website: http://www.leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec085

30. What is your state's Reasonable Cost Definition?

Cash medical support or the cost of private health insurance is considered reasonable in cost if the cost to the parent responsible for providing health insurance does not exceed five percent (5%) of the parent's gross monthly income (GMI). In applying the five percent standard, the cost is the cost of adding the child(ren) to existing health coverage or the difference between self-only and family coverage.

31. What is the Health Coverage Expense?

Private health insurance is considered reasonable cost if the cost to the parent responsible for providing health insurance does not exceed 5% of the parent's gross monthly income (GMI). In applying the five percent standard, the cost is the cost of adding the child(ren) to existing coverage or the difference between self only and family coverage If both parents are ordered to contribute to the cost of the premium, the individual cost must not be more than 5% of each parent's GMI.

32. What is the Income Withholding Limits for Support?

Federal CCPA limits of 50% - 65% Fifty (50) percent of the disposable income for that week if the NCP is supporting a spouse or child other than those for whom the support order was rendered. Sixty (60) percent of disposable income for that week if the NCP is not supporting a spouse or child. Add 5% to the above percentages if arrears are owed, making the amounts 55% or 65% respectively.

33. What is the Priority of Withholding?

The employer shall allocate the funds available in accordance with the following priority, unless a court or administrative order directs otherwise: Current Child and Spousal Support Health Insurance Premiums or Current Cash Medical Support Arrearages; and Other Child Support Obligations

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

If the cost of private health insurance exceeds the maximum amount per-mitted, the income payer must not enroll the child(ren) in the insurance plan. When the cost of private health insurance is within the maximum amount, the income payer is required to enroll the child(ren).

35. According to 45 CFR §303.32(a), what are your state options?

State Regulation Adopted August 28,2003 Pursuant to NRS 31A.250, when an obligor is ordered to obtain health insurance and fails to enroll the child and provide written proof to the enforcing authority, the enforcing authority must mail the obligor's employer or labor organization a notice requiring the employer or organization to enroll the obligor's child(ren) in the health insurance plan available to the obligor. The notice sent by the enforcing authority must b the National Medical Support Notice (OMB-0970-0222) and must be mailed first class.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

Hearing Requests: The NCP must return a written request for hearing to the enforcing authority within fifteen (15) days after the notice of withholding is mailed. The NCP may contest the withholding on the following grounds: The court which issued the order for support lacked personal jurisdiction. The order of support was obtained by fraud. There is a mistake of fact as to: The NCP is delinquent in the payment of support. The amount of arrearages or support. The custody of the child.

37. What is the reporting timeframe (non-magnetic media only)?

Within 20 days of hire date

38. What are the required data elements?

New Hire Information: Employee name, Employee address, SSN, First day of work, Employer name, Employer address, FEIN; Optional: Employee date of birth, State of hire

39. What are the methods of transmission?

Online (state portal, FTP), Mail, Fax

40. Does your state require independent contractor reporting?

No