125B.140 - Enforcement of order for support. - Nevada Statutes

125B.140  Enforcement of order for support.

      1.  Except as otherwise provided in chapter 130 of NRS and NRS 125B.012:

      (a) If an order issued by a court provides for payment for the support of a child, that order is a judgment by operation of law on or after the date a payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced in the same manner as other judgments of this State.

      (b) Payments for the support of a child pursuant to an order of a court which have not accrued at the time either party gives notice that the party has filed a motion for modification or adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification or adjustment.

      2.  Except as otherwise provided in subsection 3 and NRS 125B.012, 125B.142 and 125B.144:

      (a) Before execution for the enforcement of a judgment for the support of a child, the person seeking to enforce the judgment must send a notice by certified mail, restricted delivery, with return receipt requested, to the responsible parent:

             (1) Specifying the name of the court that issued the order for support and the date of its issuance;

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

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

             (4) Explaining that the responsible parent may, within 20 days after the notice is sent, ask for a hearing before a court of this State concerning the amount of the arrearages.

      (b) The matters to be adjudicated at such a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court issuing the order. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.

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

             (1) Interest upon the arrearages at a rate established pursuant to NRS 99.040, from the time each amount became due; and

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

Ê unless the court finds that the responsible parent would experience an undue hardship if required to pay such amounts. Interest continues to accrue on the amount ordered until it is paid, and additional attorney’s fees must be allowed if required for collection.

      (d) The court shall ensure that the social security number of the responsible parent is:

             (1) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

             (2) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      3.  Subsection 2 does not apply to the enforcement of a judgment for arrearages if the amount of the judgment has been determined by any court.

      (Added to NRS by 1987, 2250; A 1991, 1336; 1993, 2625; 1997, 2297, 2298; 1999, 2681)