130.506 - Contest by obligor. - Nevada Statutes

130.506  Contest by obligor.

      1.  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in NRS 130.601 to 130.713, inclusive, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State.

      2.  The obligor shall give notice of the contest to:

      (a) A support-enforcement agency providing services to the obligee;

      (b) Each employer that has directly received an income-withholding order relating to the obligor; and

      (c) The person designated to receive payments in the income-withholding order, or if no person is designated, to the obligee.

      3.  The obligor has the burden of proving one or more of the following defenses:

      (a) The tribunal that issued the order lacked personal jurisdiction over the obligor;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended, stayed or modified by a later order; or

      (d) There is a mistake of fact as to the amount of the order or the identity of the obligor.

      4.  The provisions of NRS 130.604 apply to the contest. If the tribunal determines:

      (a) Any of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall issue an order to stay the withholding.

      (b) None of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall order the employer to proceed with the withholding, and may assess costs and attorney’s fees against the obligor.

      5.  The tribunal shall provide the parties and employer with notice of its decision within 45 days after the obligor received a copy of the order pursuant to NRS 130.502.

      (Added to NRS by 1997, 2323; A 2007, 131)